AAIAC

The Alliance of Alcohol Industry Attorneys & Consultants is a select organization of alcoholic beverage licensing and compliance professionals.

How does the federal shutdown affect my liquor license application?

blog

How does the federal shutdown affect my liquor license application?

Jan 2, 2019

As of today, January 2, 2019, the continued closure of the federal government should have very little impact on pending liquor license applications. If the federal shutdown continues for much longer, we expect that backlogs will persist, even after a budget is approved and Tax and Trade Bureau (TTB) workers return to their jobs.

One thing is clear, though: no new applications will be approved until the budget impasse is resolved. That includes transfers in bond, formulas, COLAs and anything else that requires approval by TTB.

Keep in mind that state and local governments are not affected by the federal shutdown.  There are no delays with the Tennessee ABC or local beer boards.

We also understand that the IRS is continuing to process applications for new federal identification numbers, known as EIN’s, which are required for every new company.

Because of the holidays, we expect that TTB is not too far behind in its review of basic permits, DSP’s, brewer’s notices, TIB’s and other federal permit applications. Both the public and private sector were sufficiently distracted by Santa, Father Time and other holiday festivities.

The TTB on-line filing system seems to be functioning as normal. We encourage folks to continue filing applications online, with the understanding that no one is going to review them until TTB returns to work.

A prolonged shutdown of the federal government will lead to a significant backlog in application review, which we expect to continue long after TTB workers return to their desks. Before the shutdown, TTB indicated the following normal processing times for applications:

Type Average days to process permits
Brewery 86
DSP 71
Winery 85
Wholesaler 73


It is fairly reasonable to presume that for every business day TTB staff is not working on applications, the review time will increase by another day.

This has to be particularly disappointing for TTB workers, who have been successfully toiling for months to reduce the backlog of applications and approval times.

Conjures up a Styx classic:

We wish our friends at TTB well and know workers look forward to a speedy return to the building mountain of applications.

Continue reading
  346 Hits
  0 Comments
346 Hits
0 Comments

RJ O’Hara Highlights the Complexities of Liquor Licenses for Hotels

“…since liquor licensing is a subset of administrative law, it is fraught with exceptions. For example, there are states that have a combined quota and direct issue system, depending on the sort of place that the applicant is attempting to license. California and Florida are such states. And in virtually all states, hotels are exempted […]

The post RJ O’Hara Highlights the Complexities of Liquor Licenses for Hotels appeared first on Flaherty & O'Hara.

Continue reading
  701 Hits
  0 Comments
701 Hits
0 Comments

Catering conundrum created by Tennessee RLPS

Back

Category: ABC, catering, RLPS

12.26.18

The Tennessee ABC’s fancy new online filing system known as RLPS has changed the landscape for liquor licensing in Tennessee.  The system generally works well.

Notices of catered events, however, present an opportunity for the system to do better.

Obtaining a catering license works like any other liquor license application. Once the catering license is issued, the problem begins for many caterers.

In order to file a notice of catered event, the person filing the notice must have access to the full license record. A notice of catered event essentially creates an amendment to the catering license. This means, if an assistant manager is tasked with filing notices of catered event, the assistant manager can also go in and change the ownership, criminal history disclosure of owners or otherwise amend the entire catering license.

We do not see this as a problem for mom-and-pop operations where mom and pop own the catering business and file their own notices of catered event.

The real issue is for larger companies that hold catering licenses. We do not recommend that on-site managers be granted access to RLPS for purposes of filing notices of catered event. Even if the on-site manager is not malicious, it is far too easy to “mess up” the RLPS record.  Because the RLPS system contains disclosures upon which the license is statutorily based, even inadvertent amendments can affect the underlying qualification of the applicant to hold a license, potentially causing disclosure issues with the ABC and leading to sanctions.

According to the ABC, this is an RLPS system limitation that cannot easily be fixed. Allowing an on-site manager to file notices of catered event, without having access to the rest of the license record in RLPS, is going to require an upgrade to the underlying software that powers RLPS.

Another anomaly with filing notices of catered events is the amendment process. A notice of catered event is an amendment to the liquor license in the RLPS system. As an amendment, the status of the amendment – the notice of catered event – will show up as “In Review,” as if the notice of catered event needs approval. We have been assured that the ABC is not approving catering notices. It is just an RLPS thing.

We advise folks to disregard the “In Review” flag and know that once a notice of catered event is properly filed, no further action is required.

Sick and tired of Christmas songs, how about a little Weird Al’s Eat It, courtesy of our friend Willa:

So eat it

I don't care if you're full

Just eat it, eat it

Open up your mouth and feed it

Stay tuned for more developments with RLPS.

Subscribe Now!

Tennessee ABC puts the smack down on Jell-O shots

Dead again: Court strikes down Tennessee residency requirement for liquor store owners

Can I bring my own wine into a restaurant in Tennessee?

Gov. Haslam taps newest ABC Commissioner

Tennessee ABC Director Clay Byrd resigning

Continue reading
  714 Hits
  0 Comments
714 Hits
0 Comments

Catering conundrum created by Tennessee RLPS

blog

Catering conundrum created by Tennessee RLPS

Dec 26, 2018

The Tennessee ABC’s fancy new online filing system known as RLPS has changed the landscape for liquor licensing in Tennessee.  The system generally works well.

Notices of catered events, however, present an opportunity for the system to do better.

Obtaining a catering license works like any other liquor license application. Once the catering license is issued, the problem begins for many caterers.

In order to file a notice of catered event, the person filing the notice must have access to the full license record. A notice of catered event essentially creates an amendment to the catering license. This means, if an assistant manager is tasked with filing notices of catered event, the assistant manager can also go in and change the ownership, criminal history disclosure of owners or otherwise amend the entire catering license.

We do not see this as a problem for mom-and-pop operations where mom and pop own the catering business and file their own notices of catered event.

The real issue is for larger companies that hold catering licenses. We do not recommend that on-site managers be granted access to RLPS for purposes of filing notices of catered event. Even if the on-site manager is not malicious, it is far too easy to “mess up” the RLPS record.  Because the RLPS system contains disclosures upon which the license is statutorily based, even inadvertent amendments can affect the underlying qualification of the applicant to hold a license, potentially causing disclosure issues with the ABC and leading to sanctions.

According to the ABC, this is an RLPS system limitation that cannot easily be fixed. Allowing an on-site manager to file notices of catered event, without having access to the rest of the license record in RLPS, is going to require an upgrade to the underlying software that powers RLPS.

Another anomaly with filing notices of catered events is the amendment process. A notice of catered event is an amendment to the liquor license in the RLPS system. As an amendment, the status of the amendment – the notice of catered event – will show up as “In Review,” as if the notice of catered event needs approval. We have been assured that the ABC is not approving catering notices. It is just an RLPS thing.

We advise folks to disregard the “In Review” flag and know that once a notice of catered event is properly filed, no further action is required.

Sick and tired of Christmas songs, how about a little Weird Al’s Eat It, courtesy of our friend Willa:

So eat it

I don't care if you're full

Just eat it, eat it

Open up your mouth and feed it

Stay tuned for more developments with RLPS.

Continue reading
  313 Hits
  0 Comments
313 Hits
0 Comments

Starwood data breach serves as wakeup call to Tennessee bars, hotels and restaurants

Back

Category: data breach, hacking, cybersecurity

11.30.18

We suspect that thousands of Tennessee restaurants, hotels, bars and other hospitality businesses gather personal information from their customers for marketing purposes.  

It’s just a birthdate, address, anniversary, spouse’s name – good stuff to know, right?

That’s all fine and dandy until some hacker steals the information.  Marriott’s disclosure that 500 million Starwood Hotel guests’ personal data was stolen should be a wakeup call. 

We’ve had Beastie Boys’ classic Paul Revere stuck in our head all morning:

The kid said, “Get ready ‘cause this ain’t funny

My name’s Mike D and I’m about to get money”

Pulled out the jammy, aimed it at the sky

He yelled, “Stick ‘em up!” and let two fly

Hands went up and people hit the floor

He wasted two kids that ran for the door

Don’t expect Mike D to come knocking on the door at your restaurant demanding you to turn over personal information squirreled away in a computer somewhere in the back office.  Modern Mike D is coming through the internet.  He’s gonna hack your computer while you are sleeping off that last martini.

Don’t delay.  Call or email your IT person now and review your security procedures to ensure that employee data, as well as customer data, is protected.  Although your system may not be sophisticated enough to withstand cyberattacks from the likes of Mike D in Ukraine, anything you do is better than nothing.

Here are a few simple tips from Waller’s IT team:

Physically lock the office where the computer is located when it is not in use Use a password to log in Use complex passwords and change them regularly Create very simple software that requires password changes, which annoy the heck out of us but work Encrypt your hard drive with BitLocker or other encryption software, so that if the computer or drive is stolen, the data is not easily read Password protect important files, particularly those that contain personal data such as social security numbers and dates of birth

One of the easiest things to do is minimize the amount of personal information you amass.  Although an owner needs employee data, do you really need personal data on your customers?

Heed the warning and be on the lookout for Mike D.

Subscribe Now!

Victim of a cyberattack? Here's what the SEC says you should do

10 ways you can protect your company from a cyberattack

Continue reading
  624 Hits
  0 Comments
624 Hits
0 Comments

Starwood data breach serves as wakeup call to Tennessee bars, hotels and restaurants

blog

Starwood data breach serves as wakeup call to Tennessee bars, hotels and restaurants

Nov 30, 2018

We suspect that thousands of Tennessee restaurants, hotels, bars and other hospitality businesses gather personal information from their customers for marketing purposes.  

It’s just a birthdate, address, anniversary, spouse’s name – good stuff to know, right?

That’s all fine and dandy until some hacker steals the information.  Marriott’s disclosure that 500 million Starwood Hotel guests’ personal data was stolen should be a wakeup call. 

We’ve had Beastie Boys’ classic Paul Revere stuck in our head all morning:

The kid said, “Get ready ‘cause this ain’t funny

My name’s Mike D and I’m about to get money”

Pulled out the jammy, aimed it at the sky

He yelled, “Stick ‘em up!” and let two fly

Hands went up and people hit the floor

He wasted two kids that ran for the door

Don’t expect Mike D to come knocking on the door at your restaurant demanding you to turn over personal information squirreled away in a computer somewhere in the back office.  Modern Mike D is coming through the internet.  He’s gonna hack your computer while you are sleeping off that last martini.

Don’t delay.  Call or email your IT person now and review your security procedures to ensure that employee data, as well as customer data, is protected.  Although your system may not be sophisticated enough to withstand cyberattacks from the likes of Mike D in Ukraine, anything you do is better than nothing.

Here are a few simple tips from Waller’s IT team:

Physically lock the office where the computer is located when it is not in use Use a password to log in Use complex passwords and change them regularly Create very simple software that requires password changes, which annoy the heck out of us but work Encrypt your hard drive with BitLocker or other encryption software, so that if the computer or drive is stolen, the data is not easily read Password protect important files, particularly those that contain personal data such as social security numbers and dates of birth

One of the easiest things to do is minimize the amount of personal information you amass.  Although an owner needs employee data, do you really need personal data on your customers?

Heed the warning and be on the lookout for Mike D.

Continue reading
  310 Hits
  0 Comments
310 Hits
0 Comments

Flaherty & O’Hara Featured on Restaurant Life Radio Show

Flaherty & O’Hara was honored to be featured in an interview with Keith Christy on his Philadelphia radio show, Restaurant Life. R.J. O’Hara and Stan Wolowski spoke with Keith about the history of Flaherty & O’Hara, the services that the firm provides, and the uniqueness of both the Firm and Pennsylvania Liquor Laws. Have a […]

The post Flaherty & O’Hara Featured on Restaurant Life Radio Show appeared first on Flaherty & O'Hara.

Continue reading
  669 Hits
  0 Comments
669 Hits
0 Comments

Never gonna keep the Tennessee Distiller's Guild down

Back

Category: distillers, Tennessee Distiller’s Guild

11.07.18

A look back at the inaugural whiskey festival in 2014. 

Twenty-nine of the licensed distillers in Tennessee poured their finest at the third annual Grains & Grits Festival in Townsend, Tennessee this past weekend.  The distillers rocked a crowd of approximately 750 thirsty fans, which we figure was pretty much the perfect crowd for the evening.  Rocked on by FGL House band January Noise, there was a ton of energy, enthusiasm and thirst quenching without long lines.

The Third Annual Grains & Grits reminded us how far the Tennessee Distiller’s Guild has come since its first whiskey festival, in the middle of the speedway at the Tennessee State Fair on September 6, 2014. During the past 4 years, Tennessee Distillers have been laying back aged whiskey, with a healthy number of distilleries pouring samples of really tasty samples at this weekend’s fest.

To all the Tennessee distillers out there:  We’re really proud of you guys.  You are killing it.

Chumbawamba’s all-too-catchy thub-thumping is stuck in our heads: 

He drinks a whisky drink

He drinks a vodka drink

He drinks a lager drink

He drinks a cider drink . . .

I get knocked down, but

I get up again

You’re never gonna keep

Me down.

Grains & Grits is a fundraiser for the Tennessee Distiller’s Guild, a 501(c)(6) business league that supports the whiskey industry in Tennessee.  We hope to see you at the Fourth Annual Grains & Grits next Fall. 

Subscribe Now!

Craft distillers, brewers are big winners with Trump tax cuts

Continue reading
  619 Hits
  0 Comments
619 Hits
0 Comments

Never gonna keep the Tennessee Distiller's Guild down

blog

Never gonna keep the Tennessee Distiller's Guild down

Nov 7, 2018

A look back at the inaugural whiskey festival in 2014. 

Twenty-nine of the licensed distillers in Tennessee poured their finest at the third annual Grains & Grits Festival in Townsend, Tennessee this past weekend.  The distillers rocked a crowd of approximately 750 thirsty fans, which we figure was pretty much the perfect crowd for the evening.  Rocked on by FGL House band January Noise, there was a ton of energy, enthusiasm and thirst quenching without long lines.

The Third Annual Grains & Grits reminded us how far the Tennessee Distiller’s Guild has come since its first whiskey festival, in the middle of the speedway at the Tennessee State Fair on September 6, 2014. During the past 4 years, Tennessee Distillers have been laying back aged whiskey, with a healthy number of distilleries pouring samples of really tasty samples at this weekend’s fest.

To all the Tennessee distillers out there:  We’re really proud of you guys.  You are killing it.

Chumbawamba’s all-too-catchy thub-thumping is stuck in our heads: 

He drinks a whisky drink

He drinks a vodka drink

He drinks a lager drink

He drinks a cider drink . . .

I get knocked down, but

I get up again

You’re never gonna keep

Me down.

Grains & Grits is a fundraiser for the Tennessee Distiller’s Guild, a 501(c)(6) business league that supports the whiskey industry in Tennessee.  We hope to see you at the Fourth Annual Grains & Grits next Fall. 

Continue reading
  341 Hits
  0 Comments
341 Hits
0 Comments

Flaherty & O’Hara Featured in Pittsburgh Post-Gazette for Decision to Close on Election Day

Flaherty & O’Hara thinks it is important not only for everyone to vote, but for everyone to have the opportunity, if they choose, to get involved in a campaign. We decided we should close on all election days to give our employees and partners the time to engage in the electoral process. Our decision to […]

The post Flaherty & O’Hara Featured in Pittsburgh Post-Gazette for Decision to Close on Election Day appeared first on Flaherty & O'Hara.

Continue reading
  650 Hits
  0 Comments
650 Hits
0 Comments

The future is now at the Metro Nashville Beer Board

Back

Category: Beer Board, permits, permitting

10.23.18

Today, the Metro Nashville Beer Board makes history, becoming the first Tennessee beer board to officially enter cyberspace.

On Monday, Beer Board Executive Director Benton McDonough and Amanda Webb demonstrated the new online filing system for beer board applications, and now, it's up and running.

Stardate 10.23.2018: The Metro Beer Board filing system is live.  You can now file beer applications online at this link https://epermits.nashville.gov/#/   The beer application is in the list on the left-hand side.

Our own Kimberly Faye Clark filed the very first application online.  Particularly fitting since Kimberly also filed the first RLPS application with the Tennessee ABC.

Gone are the days of yesteryear when you had to schlep downtown to the Howard School Building and present an original application, signed in the presence of a notary.  Also gone are the days where you had to trudge back downtown to pick up an original beer permit, signed in blue ink by the Executive Director.

Although the entire Waller staff will miss seeing the smiling faces of Amanda, Benton, Doug, Jesus and Terrence at the beer board, the convenience and time savings from filing online are greatly appreciated.

In addition to being able to file beer applications, the new system also allows you to file multiple attachments online and specify outdoor seating areas.  You can also schedule your beer inspection online.

Online filing fees must be paid by credit card, with the dreaded 2.3% convenience fee.

Before you file the application, you can print the Beer Board checklist and see a list of items needed to complete the application.  Once filed, the beer board sends an email with a receipt and access code to complete the application.

Currently, temporary permits are issued the old-fashioned way, in person, at the Howard School building. 

Renewals will continue to be simple.  Unlike the intense RLPS renewal process for Tennessee ABC liquor applications, the Metro Beer Board will simply require paying the privilege tax.  No renewal applications are currently planned.

As much as we despise the catchy Timbuk 3 1980s one-hit wonder “The Future’s So Bright, I Gotta Wear Shades,” it seems apropos:

I study nuclear science

I love my classes

I got a crazy teacher, he wears dark glasses

Things are going great, and they're only getting better

I'm doing all right, getting good grades

The future's so bright, I gotta wear shades

Subscribe Now!

Metro Nashville Beer Board toasts new Tennessee open carry law

Metro Nashville Beer Board announced temporary beer permit charge

Original author: William T. Cheek III
Continue reading
  2751 Hits
  0 Comments
Tags:
2751 Hits
0 Comments

The future is now at the Metro Nashville Beer Board

Back

Category: Beer Board, permits, permitting

10.23.18

Today, the Metro Nashville Beer Board makes history, becoming the first Tennessee beer board to officially enter cyberspace.

On Monday, Beer Board Executive Director Benton McDonough and Amanda Webb demonstrated the new online filing system for beer board applications, and now, it's up and running.

Stardate 10.23.2018: The Metro Beer Board filing system is live.  You can now file beer applications online at this link https://epermits.nashville.gov/#/   The beer application is in the list on the left-hand side.

Our own Kimberly Faye Clark filed the very first application online.  Particularly fitting since Kimberly also filed the first RLPS application with the Tennessee ABC.

Gone are the days of yesteryear when you had to schlep downtown to the Howard School Building and present an original application, signed in the presence of a notary.  Also gone are the days where you had to trudge back downtown to pick up an original beer permit, signed in blue ink by the Executive Director.

Although the entire Waller staff will miss seeing the smiling faces of Amanda, Benton, Doug, Jesus and Terrence at the beer board, the convenience and time savings from filing online are greatly appreciated.

In addition to being able to file beer applications, the new system also allows you to file multiple attachments online and specify outdoor seating areas.  You can also schedule your beer inspection online.

Online filing fees must be paid by credit card, with the dreaded 2.3% convenience fee.

Before you file the application, you can print the Beer Board checklist and see a list of items needed to complete the application.  Once filed, the beer board sends an email with a receipt and access code to complete the application.

Currently, temporary permits are issued the old-fashioned way, in person, at the Howard School building. 

Renewals will continue to be simple.  Unlike the intense RLPS renewal process for Tennessee ABC liquor applications, the Metro Beer Board will simply require paying the privilege tax.  No renewal applications are currently planned.

As much as we despise the catchy Timbuk 3 1980s one-hit wonder “The Future’s So Bright, I Gotta Wear Shades,” it seems apropos:

I study nuclear science

I love my classes

I got a crazy teacher, he wears dark glasses

Things are going great, and they're only getting better

I'm doing all right, getting good grades

The future's so bright, I gotta wear shades

Subscribe Now!

Metro Nashville Beer Board toasts new Tennessee open carry law

Metro Nashville Beer Board announced temporary beer permit charge

Continue reading
  689 Hits
  0 Comments
689 Hits
0 Comments

The future is now at the Metro Nashville Beer Board

blog

The future is now at the Metro Nashville Beer Board

Oct 23, 2018

Today, the Metro Nashville Beer Board makes history, becoming the first Tennessee beer board to officially enter cyberspace.

On Monday, Beer Board Executive Director Benton McDonough and Amanda Webb demonstrated the new online filing system for beer board applications, and now, it's up and running.

Stardate 10.23.2018: The Metro Beer Board filing system is live.  You can now file beer applications online at this link https://epermits.nashville.gov/#/   The beer application is in the list on the left-hand side.

Our own Kimberly Faye Clark filed the very first application online.  Particularly fitting since Kimberly also filed the first RLPS application with the Tennessee ABC.

Gone are the days of yesteryear when you had to schlep downtown to the Howard School Building and present an original application, signed in the presence of a notary.  Also gone are the days where you had to trudge back downtown to pick up an original beer permit, signed in blue ink by the Executive Director.

Although the entire Waller staff will miss seeing the smiling faces of Amanda, Benton, Doug, Jesus and Terrence at the beer board, the convenience and time savings from filing online are greatly appreciated.

In addition to being able to file beer applications, the new system also allows you to file multiple attachments online and specify outdoor seating areas.  You can also schedule your beer inspection online.

Online filing fees must be paid by credit card, with the dreaded 2.3% convenience fee.

Before you file the application, you can print the Beer Board checklist and see a list of items needed to complete the application.  Once filed, the beer board sends an email with a receipt and access code to complete the application.

Currently, temporary permits are issued the old-fashioned way, in person, at the Howard School building. 

Renewals will continue to be simple.  Unlike the intense RLPS renewal process for Tennessee ABC liquor applications, the Metro Beer Board will simply require paying the privilege tax.  No renewal applications are currently planned.

As much as we despise the catchy Timbuk 3 1980s one-hit wonder “The Future’s So Bright, I Gotta Wear Shades,” it seems apropos:

I study nuclear science

I love my classes

I got a crazy teacher, he wears dark glasses

Things are going great, and they're only getting better

I'm doing all right, getting good grades

The future's so bright, I gotta wear shades

Continue reading
  0 Hits
  0 Comments
0 Hits
0 Comments

Supreme Court to determine if Tennessee can require residency for retail liquor stores

Back

Category: Supreme Court, liquor stores, appeals court

09.27.18

The U.S. Supreme Court granted permission to appeal a Tennessee case involving the constitutionality of the Tennessee residency requirement for retail liquor stores. The petition was granted on September 27, 2018, on an appeal from the Sixth Circuit in Tennessee Wine and Spirits Retailers Association v. Clayton Byrd.

The Supreme Court takes up the case in order to decide a split between federal appeals courts. The Sixth Circuit in the Tennessee case found that requiring owners of retail liquor stores to be Tennessee residents violated the dormant Commerce Clause of the U.S. Constitution. You can read more at the Supreme Court Docket.

We know, if you’re not a lawyer, we just bored you to death.

The reason this case is important is that different appeals courts in the United States have reached different results about whether a state can impose residency requirements for wholesale and retail liquor licenses.  Most likely, the Supreme Court took the case to declare a uniform rule of law that will be applied in all states. In other words, it will either be legal – or not legal – for states to impose residency requirements for wholesalers and retailers.

Read more about the Sixth Circuit case here. 

For some reason, we hear the dulcet tones of Bessie Smith’s haunting melody Send Me To The 'lectric Chair

Judge you wanna hear my plea

Before you open up your court

But I don't want no sympathy

'Cause I done cut my good man's throat

Don’t look for an answer to this question any time soon. The Supreme Court will likely issue a decision in Summer 2019.

Subscribe Now!

False Claims Act fallout continues with $350 million reversal in Florida

Dead again: Court strikes down Tennessee residency requirement for liquor store owners

Tennessee Sunday alcohol sales: What you need to know

Trump's travel ban, cake bakers and gerrymandering make for a busy Supreme Court session

Justices threaded the needle with Masterpiece Cakeshop decision

Original author: William T. Cheek III
Continue reading
  2239 Hits
  0 Comments
Tags:
2239 Hits
0 Comments

Supreme Court to determine if Tennessee can require residency for retail liquor stores

Back

Category: Supreme Court, liquor stores, appeals court

09.27.18

The U.S. Supreme Court granted permission to appeal a Tennessee case involving the constitutionality of the Tennessee residency requirement for retail liquor stores. The petition was granted on September 27, 2018, on an appeal from the Sixth Circuit in Tennessee Wine and Spirits Retailers Association v. Clayton Byrd.

The Supreme Court takes up the case in order to decide a split between federal appeals courts. The Sixth Circuit in the Tennessee case found that requiring owners of retail liquor stores to be Tennessee residents violated the dormant Commerce Clause of the U.S. Constitution. You can read more at the Supreme Court Docket.

We know, if you’re not a lawyer, we just bored you to death.

The reason this case is important is that different appeals courts in the United States have reached different results about whether a state can impose residency requirements for wholesale and retail liquor licenses.  Most likely, the Supreme Court took the case to declare a uniform rule of law that will be applied in all states. In other words, it will either be legal – or not legal – for states to impose residency requirements for wholesalers and retailers.

Read more about the Sixth Circuit case here. 

For some reason, we hear the dulcet tones of Bessie Smith’s haunting melody Send Me To The 'lectric Chair

Judge you wanna hear my plea

Before you open up your court

But I don't want no sympathy

'Cause I done cut my good man's throat

Don’t look for an answer to this question any time soon. The Supreme Court will likely issue a decision in Summer 2019.

Subscribe Now!

False Claims Act fallout continues with $350 million reversal in Florida

Dead again: Court strikes down Tennessee residency requirement for liquor store owners

Tennessee Sunday alcohol sales: What you need to know

Trump's travel ban, cake bakers and gerrymandering make for a busy Supreme Court session

Justices threaded the needle with Masterpiece Cakeshop decision

Continue reading
  657 Hits
  0 Comments
657 Hits
0 Comments

Supreme Court to determine if Tennessee can require residency for retail liquor stores

blog

Supreme Court to determine if Tennessee can require residency for retail liquor stores

Sep 27, 2018

The U.S. Supreme Court granted permission to appeal a Tennessee case involving the constitutionality of the Tennessee residency requirement for retail liquor stores. The petition was granted on September 27, 2018, on an appeal from the Sixth Circuit in Tennessee Wine and Spirits Retailers Association v. Clayton Byrd.

The Supreme Court takes up the case in order to decide a split between federal appeals courts. The Sixth Circuit in the Tennessee case found that requiring owners of retail liquor stores to be Tennessee residents violated the dormant Commerce Clause of the U.S. Constitution. You can read more at the Supreme Court Docket.

We know, if you’re not a lawyer, we just bored you to death.

The reason this case is important is that different appeals courts in the United States have reached different results about whether a state can impose residency requirements for wholesale and retail liquor licenses.  Most likely, the Supreme Court took the case to declare a uniform rule of law that will be applied in all states. In other words, it will either be legal – or not legal – for states to impose residency requirements for wholesalers and retailers.

Read more about the Sixth Circuit case here. 

For some reason, we hear the dulcet tones of Bessie Smith’s haunting melody Send Me To The 'lectric Chair

Judge you wanna hear my plea

Before you open up your court

But I don't want no sympathy

'Cause I done cut my good man's throat

Don’t look for an answer to this question any time soon. The Supreme Court will likely issue a decision in Summer 2019.

Continue reading
  0 Hits
  0 Comments
0 Hits
0 Comments

Tennessee ABC Director Clay Byrd resigning

Back

Category: abc, alcohol, State of Tennessee

09.25.18

Updated 09.28.18

Tennessee ABC Director Clay Byrd is resigning to pursue a career with a local Nashville law firm, starting October 15.  Director Byrd publicly announced his resignation at the regular monthly ABC meeting on September 27.

The ABC made no announcement about interim leadership or the search for a successor.  We presume that Assistant Director Zack Blair is at the helm.

Director Byrd brought a strong business focus to the ABC, following tumultuous times under Director Keith Bell.  Director Byrd presided over a broad agenda of change in the alcoholic beverage industry, beginning with the sale of wine in grocery stores just weeks into his tenure.

We thank Director Byrd for his service to the alcoholic beverage industry and the State of Tennessee, wishing him well in his next endeavor.

Thinking of wine in grocery stores and Director Byrd leaving conjures up the UB40 classic:

Red, red wine, stay close to me

Don’t let me be alone

It’s tearing apart

My blue, blue heart

Stay tuned for more details.

Subscribe Now!

Tennessee Alcoholic Beverage chairman Bryan Kaegi resigns

Tennessee ABC puts the smack down on Jell-O shots

Dead again: Court strikes down Tennessee residency requirement for liquor store owners

Can I bring my own wine into a restaurant in Tennessee?

What to Expect During Alcoholic Beverage Recalls

Original author: William T. Cheek III
Continue reading
  1911 Hits
  0 Comments
Tags:
1911 Hits
0 Comments

Tennessee ABC Director Clay Byrd resigning

Back

Category: abc, alcohol, State of Tennessee

09.25.18

Updated 09.28.18

Tennessee ABC Director Clay Byrd is resigning to pursue a career with a local Nashville law firm, starting October 15.  Director Byrd publicly announced his resignation at the regular monthly ABC meeting on September 27.

The ABC made no announcement about interim leadership or the search for a successor.  We presume that Assistant Director Zack Blair is at the helm.

Director Byrd brought a strong business focus to the ABC, following tumultuous times under Director Keith Bell.  Director Byrd presided over a broad agenda of change in the alcoholic beverage industry, beginning with the sale of wine in grocery stores just weeks into his tenure.

We thank Director Byrd for his service to the alcoholic beverage industry and the State of Tennessee, wishing him well in his next endeavor.

Thinking of wine in grocery stores and Director Byrd leaving conjures up the UB40 classic:

Red, red wine, stay close to me

Don’t let me be alone

It’s tearing apart

My blue, blue heart

Stay tuned for more details.

Subscribe Now!

Tennessee Alcoholic Beverage chairman Bryan Kaegi resigns

Tennessee ABC puts the smack down on Jell-O shots

Dead again: Court strikes down Tennessee residency requirement for liquor store owners

Can I bring my own wine into a restaurant in Tennessee?

What to Expect During Alcoholic Beverage Recalls

Continue reading
  713 Hits
  0 Comments
713 Hits
0 Comments

Tennessee ABC Director Clay Byrd resigning

blog

Tennessee ABC Director Clay Byrd resigning

Sep 25, 2018

Updated 09.28.18

Tennessee ABC Director Clay Byrd is resigning to pursue a career with a local Nashville law firm, starting October 15.  Director Byrd publicly announced his resignation at the regular monthly ABC meeting on September 27.

The ABC made no announcement about interim leadership or the search for a successor.  We presume that Assistant Director Zack Blair is at the helm.

Director Byrd brought a strong business focus to the ABC, following tumultuous times under Director Keith Bell.  Director Byrd presided over a broad agenda of change in the alcoholic beverage industry, beginning with the sale of wine in grocery stores just weeks into his tenure.

We thank Director Byrd for his service to the alcoholic beverage industry and the State of Tennessee, wishing him well in his next endeavor.

Thinking of wine in grocery stores and Director Byrd leaving conjures up the UB40 classic:

Red, red wine, stay close to me

Don’t let me be alone

It’s tearing apart

My blue, blue heart

Stay tuned for more details.

Continue reading
  0 Hits
  0 Comments
0 Hits
0 Comments

Metro Nashville Beer Board announced temporary beer permit charge

Back

Category: beer, Metro Nashville Beer Board

09.19.18

At its regular meeting last week, the Metro Nashville Beer Board announced it will charge $8.33 per month for temporary beer permits. The new charge became effective Monday, September 17, 2018.

Instead of seeing this as a bitter pill to swallow, we see the new procedure as icing on the cake. $8.33 is basically the margin on a couple of domestics on Lower Broadway. It’s really not much money for a permit to sell beer.

The Metro Beer Board has been streamlining the process for applications since Benton McDonough was named Executive Director a few months ago. After you supply all your documents and required inspections to the Beer Board, you can new obtain a temporary beer permit, instead of waiting for the next Beer Board meeting. Paying for the permit is only fair.

Although there is nothing in state law that specifically authorizes the city to charge for a temporary beer permit, it is just a beer permit, and beer boards are authorized to charge $100 per year for beer permits. The $8.33 amount represents the one-month prorated amount for a $100 beer permit. 

This passes statutory muster, in our humble opinion. 

For those thinking about bellyaching about the $8.33 fee, here’s a good one from Travis Tritt, suggested by our friend Willa:

Now won’t you tell me if you can

‘cause life’s so hard to understand

why’s the rich man busy dancing

while the poor man pays the band.

Oh they’re billing me for killing me

Lord have mercy on the working man.

Subscribe Now!

Can I Sell Sake in My Grocery Store in Tennessee?

New Tennessee open carry law is gamechanger for many restaurants, hotels

Can I buy alcohol on Labor Day in Tennessee?

Restaurants and hotels get the green light to give away alcohol

Metro Nashville Beer Board toasts new Tennessee open carry law

Original author: William T. Cheek III
Continue reading
  1797 Hits
  0 Comments
Tags:
1797 Hits
0 Comments

By accepting you will be accessing a service provided by a third-party external to https://www.aaiac.com/