
The legislature continued hearing budget presentations this week and expects the process to continue for another two weeks. Committee calendars remain full as the legislature still anticipates an early ending session due to November elections.
The ‘Pass the Bottle’ legislation appeared before the House Local Government Subcommittee on Wednesday, eventually winning the approval of the committee and will be heard by the full state and local government committee on March 2. House bill 2744 would ban open containers in the passenger areas of vehicles, and make a violation a misdemeanor, subjecting a guilty party to a fine. Currently, no driver may consume an alcoholic beverage or possess an open container of such while operating a motor vehicle, but passengers may consume alcohol. The sponsor argued this policy invites drivers to drink as long as there is a passenger to which they can “pass the bottle.” The bill was filed last year and experienced resistance in subcommittees where opponents expressed concern over the ability of sober drivers to take friends home who are drinking, and also regarding sporting events, such as University of Tennessee football games. Despite these objections, the sponsor said the state must reform its driving laws pertaining to alcohol use.
The controversy over traffic cameras continues, and legislation that would place a two-year moratorium on the cameras is being held in the Transportation Committee until April 1st. The bill would prohibit city and county governments from signing new contracts for a two-year period, giving the Tennessee General Assembly time to study the issue further. The state’s Attorney General also released an opinion this week that said the cameras are constitutional. A lawmaker asked the Attorney General to decide whether or not the cameras violate the Sixth Amendment’s confrontation clause, which allows the accused to confront any witnesses against them. The AG opinion stated, in response, “The confrontation clause embraces testimonial statements. Photographs are not testimonial statements.”
Although the opinion did not directly address many of the issues the legislature is examining, it indicated there are certain areas that could be open to scrutiny. The opinion also stated that certain restrictions the legislature is considering placing on the cameras would be constitutional, as long as the restrictions were reasonable. The City of Gallatin in Sumner County was the first to implement the cameras in 2006, and has since added additional cameras. City officials say the cameras have significantly reduced T-bone crashes at major intersections. Currently, sixteen Tennessee cities utilize the cameras for traffic enforcement, including red light and speed cameras.
TennCare Director Darin Gordon told legislators Monday that federal officials will be sending the state a one-time payment of $120 million to resolve a dispute over handling of a complicated "clawback" provision in distributing funds. That will provide a bit of relief to the budget-cutting underway at TennCare, but will still leave the program more than a billion dollars short overall. Director Gordon says Governor Phil Bredesen will soon make a recommendation on how to use the extra money in offsetting some cuts
ALCOHOLIC BEVERAGES
SB 0038*
HB 0250
(Full Text)
Public Chapter (PDF)
Owners responsible for minors drinking on property. Prohibits a property owner or occupant from knowingly allowing any minor to drink or possess alcoholic beverages on his property or from failing to stop a minor from such activity. Creates a misdemeanor offense for committing such an act. Provides an exemption for "de minimis" quantities of alcohol consumed for sacramental purposes during a religious ceremony. (S: Tracy; H: Carr)
Amendment: House amendment 1 defines "underage adult" as a person who is at least 18 but less than 21 years of age. Creates a new Class A misdemeanor for a owner or occupant of property knowingly to allow an underage adult to consume alcoholic beverages, wine or beer while the underage adult is present on such property. Creates an affirmative defense to prosecution that the defendant acted upon a reasonably held belief that the underage adult was 21 years or age or older. Senate amendment 4 clarifies that "underage adult" means a person who is at least 18 years of age, but less than 21 years of age. Establishes that it is an offense for any owner, occupant, or other person to knowingly allow a person to consume alcoholic beverages, wine or beer on exclusive property. Establishes that it is an affirmative defense to prosecute that the defendant acted upon a reasonably held belief that the underage adult was 21 or older. Establishes that the provisions do not apply to the consumption or possession of a de minimis quantity of alcohol or wine by an underage adult. Prohibits the subdivision from affecting standards for imposing civil liability on social hosts, standards for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, or stands establishes for imposing criminal liability on corporations.
Senate Status: Senate 06/12/2009 re-passed with amendment 4 after moving to reconsider their actions and withdrawing previously adopted amendment 1.
House Status: House 06/16/2009 concurred in Senate amendment 4.
Other Status: Enacted as Public Chapter 0564 (effective 07/01/2009).
SB 0080*
HB 1156
(Full Text)
Wine direct shipper license. Creates a wine direct shipper license to be issued by the alcoholic beverage commission and the department of revenue that would allow any person currently licensed as a wine manufacturer or distributor to ship up to two 9-liter cases of wine annually directly to a resident of Tennessee who is at least 21 years of age for personal use. Specifies the rules and regulations for obtaining such license and creates a Class B misdemeanor for any person who knowingly makes or receives a shipment in violation of such rules. (S: Stanley; H: Shepard)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee 03/25/2009.
SB 0120*
HB 1158
(Full Text)
Sale of wine in grocery stores. Creates an additional class of licenses allowing the sale of wine at retail food stores. Specifies that such licenses will be limited to retail food stores located in counties or municipalities that have authorized the sale of alcoholic beverages by local option election. Requires person purchasing wine at retail food store to present photo identification. (S: Ketron; H: Shepard)
House Co-Sponsors: Lundberg; Tidwell
Senate Status: Taken off notice in Senate State & Local Government 05/05/2009.
House Status: Taken off notice in House Local Government Subcommittee 04/15/2009.
SB 0121*
HB 1157
(Full Text)
Sale of wine at grocery stores. Creates an additional class of licenses allowing the sale of wine at retail food stores. Specifies that such licenses will be limited to retail food stores located in counties or municipalities that have authorized the sale of alcoholic beverages by local option election. Requires person purchasing wine at retail food store to present photo identification. (S: Ketron; H: Shepard)
House Co-Sponsors: Lundberg; Tidwell
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee 04/15/2009.
SB 0138
HB 0147*
(Full Text)
Public Chapter (PDF)
Period for beer dealers to register with commissioner. Increases from 20 to 25 days the time period in which manufacturers and wholesale distributors of beer must register with the commissioner of revenue. Broadly captioned. (S: Ketron; H: Tindell)
Amendment: House amendment 1 rewrites the bill to establish a premier type tourist resort status for a privately owned restaurants and marina in Union County. House amendment 2 decreases from five to three the number of days a week a public place must serve at least one meal per day in order to meet the definition of "restaurant" for purposes of serving intoxicating liquor. Adds a severability clause. Senate amendment 4 removes language requiring that one meal a day be service in such private owned restaurants from House amendment 2.
Senate Status: Senate 06/16/2009 passed with amendment 4.
House Status: House 06/17/2009 concurred in Senate amendment 4.
Other Status: Enacted as Public Chapter 0572 (effective 07/01/2009).
SB 0166*
HB 1155
(Full Text)
Public Chapter (PDF)
Creation of direct shipper license for wine. Creates direct shipper license that would allow an in-state or out-of-state entity to ship up to 12 nine-liter cases of wine annually to residents of Tennessee who are 21 years or older. (S: Stanley; H: Shepard)
Senate Co-Sponsor: Ketron
House Co-Sponsor: Lundberg
Amendment: Senate amendment 1 rewrites the bill to allow any person, firm or corporation in the business of manufacturing, bottling or rectifying wine to apply to the alcoholic beverage commission for a direct shipper's license. Specifies that an applicant for such license must pay a $300 one-time non-refundable fee to the commission when the application is submitted for review. Also requires the applicant to pay a $150 annual license fee. Limits shipments of wine to persons who are 21 years or older. Prohibits a direct shipper from shipping more than 9 liters of wine to any individual in a calendar month. Also prohibits direct shipper from shipping more than 27 liters of wine to an individual in a calendar year. Prohibits a direct shipper from shipping wine to an address that is located in a jurisdiction that has not authorized the sale of alcoholic beverages by local referendum. Specifies that direct shipper is responsible for remitting all sales taxes due, including the gallonage tax. Authorizes the commission and the department of revenue to promulgate rules and regulations necessary to implement this act. Senate amendment 2 specifies that this bill would not diminish the three-tiered scheme used in this state to separate the manufacture, distribution and retailing of alcohol beverages, wine and beer. House amendment 1 contains same language as Senate amendment 1, but adds "direct shipper's license" to the list of licenses the alcoholic beverage commission may issue. Does not include provisions of Senate amendment 2.
Senate Status: Senate 05/21/2009 concurred in House amendment 1.
House Status: House 05/18/2009 passed with amendment 2.
Other Status: Enacted as Public Chapter 0348 (effective 07/01/2009).
SB 0274*
HB 0499
(Full Text)
Retail licensure for alcoholic beverages. Decreases the amount of years an individual must reside in the state in order to obtain a retailer license or own stock in a corporation that has a retailer license from two years or at least 10 consecutive years to living in the state for the past year at time or application or at any time for at least five consecutive years. (S: Ketron; H: Todd)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 0490
HB 0108*
(Full Text)
Requirements for wholesaler's license. Allows a wholesaler's license to be granted to a premises situated within a municipality that has approved the sale of alcoholic beverages. Current law limits the wholesaler's license being granted to a premises situated within a municipality having a population of more than 100,000. (S: Burchett; H: Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: Failed in House Local Government Subcommittee 03/25/2009.
SB 0531
HB 0347*
(Full Text)
Public Chapter (PDF)
Criminal background checks for beer permit applicants. Allows a city or county to conduct a criminal background check on an applicant for a beer permit. Requires applicant to pay cost for such background check. (S: McNally; H: Hackworth)
Amendment: House amendment 1 clarifies that this bill authorizes a city or county to conduct a criminal background or fingerprint check on an applicant for a beer permit and to enter into an agreement with the TBI to conduct a search on such information provided to the bureau. This amendment authorizes the TBI to assess fees for conducting searches pursuant to this bill.
Senate Status: Senate passed 05/14/2009.
House Status: House 04/16/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0314 (effective 07/01/2009).
SB 0573
HB 0603*
(Full Text)
Humphreys County to obtain manufacturer's license. Allows certain facilities located in Humphreys County to obtain a manufacturer's license to distill alcoholic beverages for the sale, distribution, and transportation to wholesalers only. (S: Jackson; H: Tidwell)
Senate Status: Taken off notice in Senate State & Local Government 03/17/2009.
House Status: Taken off notice in House State & Local Government 03/24/2009.
SB 0600*
HB 1659
(Full Text)
Public Chapter (PDF)
Consumption of alcohol in liquor-by-the-drink jurisdictions. Allows alcoholic beverages to be sold for consumption on the premises in unincorporated areas of a county with a charter form of government that has held a countywide local option election approving liquor-by-the-drink. (S: Burchett; H: Armstrong)
Senate Co-Sponsor: Woodson
Senate Status: Senate passed 03/12/2009.
House Status: House passed 05/21/2009.
Other Status: Enacted as Public Chapter 0351 (effective 06/05/2009).
SB 0786*
HB 1919
(Full Text)
ABC to study distribution of alcohol taxes. Requires alcoholic beverage commission to study distribution of alcohol taxes to local governments based on total number of public school students in each local political subdivision. Also requires alcoholic beverage commission to submit findings and make recommendations for redistribution to senate and house finance committees. (S: Overbey; H: Montgomery)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 0788*
HB 1702
(Full Text)
Public Chapter (PDF)
Hotel redefined for Blackberry Farm. Redefines "hotel" to clarify that the property of Blackberry Farm may not be contiguous and may be divided by a public or private road. (S: Overbey; H: McCord)
Amendment: Senate amendment 1 clarifies that the operators of Blackberry Farms may exercise the privileges authorized under this chapter in any location identified to the commission and held out to the public as part of the 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.
Senate Status: Senate 04/23/2009 passed with amendment 1.
House Status: House passed 05/21/2009.
Other Status: Enacted as Public Chapter 0357 (effective 06/05/2009).
SB 0944*
HB 1549
(Full Text)
Public Chapter (PDF)
Revisions to Grape and Wine Law. Revises "Grape and Wine Law" based on a Sixth Circuit U.S. Court of Appeals decision including allowing out-of-state wineries to be licensed. Insures that wineries in the state can continue to operate legally regardless of the outcome of any Sixth Circuit decision. (S: Overbey; H: Casada)
Amendment: House amendment 1 deletes references in the bill to a Tennessee Winery License and replaces them with language referring to a winery license.
Senate Status: Senate 05/07/2009 concurred in House amendment 1.
House Status: House 04/30/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0273 (effective 05/21/2009).
SB 1184
HB 1160*
(Full Text)
Public Chapter (PDF)
Transporting alcoholic beverages into a dry county. Allows person to transport alcoholic beverages into a dry county in excess of any quantity limitations if such person is using such alcoholic beverages in the manufacture of baked goods for sale at retail. Requires person to obtain any necessary license for transport from alcoholic beverage commission and requires person to alcoholic beverages from licensed retailers. (S: Haynes J.; H: Fraley)
Amendment: House amendment 1 rewrites the bill. Increases, from three to five gallons, the maximum amount of untaxed alcoholic beverages or wine for personal use that may be transported into or within the state. Updates sections of the TN Code Annotated that make reference to tax stamps upon liquor to reflect that such stamps are no longer placed on alcoholic beverages. Senate amendment 2 adds language to the amended bill to clarify that wine purchased from a winery is not considered contraband.
Senate Status: Senate 05/14/2009 passed with amendment 2.
House Status: House 05/26/2009 concurred in Senate amendment 2.
Other Status: Enacted as Public Chapter 0434 (effective 06/12/2009).
SB 1291
HB 0788*
(Full Text)
Alcohol advertisement to include health warnings. Requires that any advertising conducted in this state for alcoholic beverages must include statements regarding the dangers and adverse effect of alcohol abuse and alcoholism. (S: Ketron; H: Cobb T.)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 1307*
HB 1583
(Full Text)
Public Chapter (PDF)
Transactions involving alcohol, but not money. Adds clarification that "sale" does not include transactions involving alcoholic beverages for which no payment is expected or received. (S: Tracy; H: Fraley)
Amendment: Senate amendment 1, as amended, rewrites the bill. Defines "gift" as it applies to intoxicating liquors as including the unauthorized distribution of alcoholic beverages by a licensee for which no payment is received, provided that it does not include any such transaction between a licensee and its employees in the normal course of employment or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid. Specifies that such transaction between a licensee and its employees for which no payment is received are not considered a retail sale. Authorizes a manufacturer to make complimentary distributions on a periodic basis to its employees in the normal course of employment and to other for routine business or marketing purposes. This amendment clarifies that a distiller cannot make complimentary distributions to a wholesaler except as samples allowed under current law. House amendment 1 rewrites the bill. Defines "gift" as it applies to intoxicating liquors as including the unauthorized distribution of alcoholic beverages by a licensee for which no payment is received, provided that it does not include any such transaction between a licensee and its employees in the normal course of employment or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid. Specifies that such transaction between a licensee and its employees for which no payment is received are not considered a retail sale. Authorizes a manufacturer to make complimentary distributions on a periodic basis to its employees in the normal course of employment and to other for routine business or marketing purposes.
Senate Status: Senate 05/18/2009 passed with amendment 1, as amended.
House Status: House 05/26/2009 concurred in Senate amendment 1, as amended.
Other Status: Enacted as Public Chapter 0395 (effective 06/09/2009).
SB 1443*
HB 1633
(Full Text)
Public Chapter (PDF)
Commemorative bottles containing an alcoholic beverage. Exempts from licensing requirements transactions between collectors involving sale, purchase, or exchange of commemorative bottles containing an alcoholic beverage. (S: Haynes J.; H: Jones U.)
Senate Co-Sponsor: Ketron
Amendment: Senate amendment 1 deletes the original bill in its entirety. Establishes a license for qualifying alcoholic beverage collectors. Such a license would allow private collectors to purchase and sell wine, distilled spirits, and other alcoholic beverages in accordance with the restrictions for such license.
Senate Status: Senate 04/16/2009 passed with amendment 1.
House Status: House passed 06/03/2009.
Other Status: Enacted as Public Chapter 0484 (effective 06/23/2009).
SB 1444*
HB 2044
(Full Text)
Issuance of alcoholic beverage retailer license. Reduces the amount of time a person is required to have been a resident of Tennessee in order to be issued an alcoholic beverage retailer license from two years to one year. Also reduces the residency requirement for such license from ten to five consecutive years relative to those people who have been residents of Tennessee at any time. (S: Haynes J.; H: McCord)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 1510*
HB 1608
(Full Text)
Transport of wine purchased from TN licensed winery. Deletes certain provisions of the Grape and Wine Law. Permits the transport of wine purchased from a winery licensed by the state of Tennessee. Authorizes Alcohol Beverage Commission to assess inspection fees against licensees and permitees. (S: Burchett; H: Litz)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 1511*
HB 1741
(Full Text)
Public Chapter (PDF)
Sale of alcoholic beverages for consumption on premises. States that in any jurisdiction in which the sale of alcoholic beverages for consumption on the premises is authorized by referendum, such referendum shall authorize the sale and distribution of alcoholic beverages irrespective of certain other restrictions imposed by other provisions of law. (S: Overbey; H: Montgomery)
Senate Co-Sponsor: Burchett
Amendment: Senate amendment 1 rewrites bill to expand the definition of "historic inn" as it applies to the licensing of facilities for on-premises consumption of alcoholic beverages to include the Buckhorn Inn in Sevier County. Senate amendment 2 expands the definition of "historic inn" as it applies to the licensing of facilities for on-premises consumption of alcoholic beverages to include one specific inn in Blount County and corrects a typographical error.
Senate Status: Senate 04/23/2009 passed with amendments 1 & 2.
House Status: House passed 04/23/2009.
Other Status: Enacted as Public Chapter 0168 (effective 05/07/2009).
SB 1513*
HB 1609
(Full Text)
Transport of wine purchased from a TN licensed winery. Removes two-year residency requirement for those wishing to receive a winery license under the provisions of the Grape and Wine Law. Also permits the transport of wine purchased from a winery licensed by the state of Tennessee. (S: Burchett; H: Litz)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee 03/25/2009.
SB 1690*
HB 2197
(Full Text)
Direct shipper license. Establishes direct shipper license to be issued through the alcoholic beverage commission. Would permit in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. (S: Ketron; H: Miller L.)
House Co-Sponsor: Lundberg
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee 03/25/2009.
SB 1947*
HB 1580
(Full Text)
Public Chapter (PDF)
Sales of alcohol to visibly intoxicated individuals. Replaces the word "drunk with the term "visibly intoxicated" in the section of code governing the retail sale of alcohol that prohibits a retailer from selling alcoholic beverages to persons who are intoxicated or who are accompanied by someone who is intoxicated. (S: Faulk; H: Harrison)
Senate Status: Senate passed 03/26/2009.
House Status: House passed 04/30/2009.
Other Status: Enacted as Public Chapter 0208 (effective 07/01/2009).
SB 1955*
HB 1720
(Full Text)
Public Chapter (PDF)
Manufacturing of intoxicating liquors in certain counties. Makes lawful the manufacturing of intoxicating liquors and/or intoxicating drinks within the boundaries of any county where both retail package liquor sales and liquor-by-the drink have been approved through voter referendum within the county. (S: Ketron; H: Carr)
Amendment: Senate amendment 1 extends this bill's authorization to "any county that is located in the Tennessee River resort district, if retail package sales have been approved through voter referendum within such county." Specifies that any facility producing intoxicating liquors or intoxicating drinks pursuant to this bill may be located in the unincorporated areas of the county. Senate amendment 2 exempts Hamblen County from the provisions of this bill. House amendment 2 exempts Sumner County from bill's provisions. House amendment 4 exempts Wilson and Hardeman counties from bill's provisions. House amendment 6 exempts Hamilton County from bill's provisions. House amendment 7 adds a severability clause. House amendment 11 requires any license for the retail sale of alcoholic beverages to a manufacturer that has been issued a license for a building from which the alcoholic beverages will be sold to comply with the distance requirements for the sale of beer established by the beer board of the county in which the manufacturer is located for a building used for religious purposes. The measurement would be a building to building measurement. House amendment 8 rewrites the bill, thereby removing all previously adopted amendments. Present law authorizes a county legislative body to call and direct the county election commission to hold an election of the qualified voters of the county upon the question of permitting and legalizing the manufacture of intoxicating liquors and other intoxicating drinks within the boundaries of the county, upon the filing of a petition bearing the signatures of at least 10 percent of the qualified voters of the county. This amendment rewrites these provisions to remove the petition requirements and authorize a county legislative body to call an election of the qualified voters of the county upon the question of permitting and legalizing the manufacture of intoxicating liquors and other intoxicating drinks within the boundaries of the county.
Conference Committee: Conference committee report on SB 1955/HB 1720 makes the bill. Makes lawful the manufacturing of intoxicating liquors and/or intoxicating drinks within the boundaries of the following counties where both retail package liquor sales and liquor-by-the drink have been approved through voter referendum within the county or in any county included in the Tennessee River resort district: Anderson, Blount, Cheatham, Cumberland, Dickson, Dyer, Franklin, Gibson, Giles, Greene, Grundy, Hardin, Hawkins, Henry, Humphreys, Jefferson, Knox, Lauderdale, Madison, Marion, Marshall, Montgomery, Perry, Roane, Robertson, Rutherford, Lewis, Sevier, Smith, Sullivan, Tipton, Washington, Williamson, Davidson and Shelby. Authorizes the county legislative body of any other county where both retail package liquor sales and liquor-by-the-drink have been approved through voter referendum to adopt a resolution to allow the manufacture as aforementioned. Requires the county mayor to notify the alcoholic beverage commission if such action is taken and approved. Authorizes the county legislative body of any such county to adopt a resolution to remove the county. Allows such action to be taken by the county legislative body until a written notification is filed with the county mayor by any person as an official notice that such person intends to pursue all lawful avenues to manufacture intoxicating liquors and/or intoxicating drinks within the boundaries of the county. Allows any facility producing such intoxicating liquors or intoxicating drinks to be located in the unincorporated areas of the county. Clarifies that any distance prohibitions which restrict the storage, sale or manufacture of beer from places of public gatherings apply to such facilities. Adds a severability clause.
Senate Status: Senate 06/17/2009 adopted the conference committee report.
House Status: House 06/18/2009 adopted conference committee report.
Other Status: Enacted as Public Chapter 0524 (effective 06/25/2009).
SB 2077
HB 1992*
(Full Text)
Residency requirement for wholesalers, retailers, wineries. Removes residency requirements for wholesalers, retailers, and wineries. (S: Ketron; H: Shepard)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 2179
HB 2135*
(Full Text)
Creates wine direct shipper license. Authorizes the Alcoholic Beverage Commission to license non-resident wineries holding federal basic permits under the Federal Alcohol Administration Act to sell and ship wine to Tennessee residents and collect and pay state taxes on such sales. Permits any person currently licensed in this or any other state as a wine manufacturer, producer, supplier, importer, wholesaler, distributor or retailer who obtains a wine direct shipper license to ship up to two nine-liter cases of wine annually directly to a resident of Tennessee who is at least 21 years of age for such resident's personal use and not for resale. Requires each licensee prior to shipping to a resident to complete the following: file an application with the alcoholic beverage commission; pay a $100 registration fee; provide to the commission a copy of its current alcoholic beverage license issued in this or any other state; and obtain from the commission a wine direct shipper license. Details requirements for shipping and allows a licensee to annually renew its license by paying a $50 renewal fee and providing the commission a copy of its current alcoholic beverage license issued in this or any other state. Creates a Class B misdemeanor for any person who knowingly makes, participates in, transports, imports or receives a shipment in violation of this act. (S: Stanley; H: Litz)
House Co-Sponsor: Shepard
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 2187
HB 2138*
(Full Text)
Retail sale of wine regulated like beer. Requires the retail sale of wine to be regulated in a similar way to beer by local government rather than the alcoholic beverage commission. Clarifies that wine may still be purchased in retail package stores even though wine is no longer regulated by the commission and that any person holding a license on the effective date of this act is grandfathered in with the local wine and beer board. Caps the alcohol content of wine under this part at 15 percent. (S: Faulk; H: Harrison)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 2486*
HB 2666
(Full Text)
Drive-through window alcohol purchasing. Prohibits issuing or renewing licenses to sell beer off-premises to persons selling beer through drive-up or drive-through windows or curb-service. (S: Faulk; H: Lundberg)
Senate Status: Set for Senate State & Local Government Committee 03/03/2010.
House Status: Referred to House Local Government Subcommittee.
SB 2564*
HB 3636
(Full Text)
Serving of alcoholic beverage on Blackberry Farm property. Clarifies that alcoholic beverages may be served in any structure, location, open air, or dining facility located on the Blackberry Farm property. (S: Overbey; H: Todd)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 2625
HB 2688*
(Full Text)
Alcohol licenses: penalties must be paid before renewal. Requires that all penalties must be paid to the commission before a manufacturer, distiller, wholesaler, retailer, winery, collector of alcoholic beverages, direct shipper, or an establishment that provides on-premises alcoholic consumption can renew its respective alcohol-related license. (S: Faulk; H: Lundberg)
Senate Co-Sponsor: Ketron
Amendment: Senate State & Local Government amendment 1 rewrites the bill. Requires all outstanding fees, fines or other penalties assessed by the Alcoholic Beverage Commission pursuant to a consent order be paid by manufacturer, distiller, wholesaler, retailer, winery, collector, direct shipper, or any establishment providing on-premises consumption before a license or renewal permit is issued.
Senate Status: Senate State & Local Government 02/17/2010 recommended with amendment. Sent to Senate Finance, Ways & Means.
House Status: Referred to House State Government Subcommittee.
SB 2758
HB 2675*
(Full Text)
Requirements for restaurant license. Requires persons seeking a restaurant license to submit information regarding food sales to the commission in order to receive or renew a license to sell alcoholic beverages for on-premises consumption. (S: Jackson; H: Todd)
Senate Co-Sponsor: Bunch
Senate Status: Referred to Senate State & Local Government.
House Status: House Local Government Subcommittee deferred to 03/31/2010.
SB 2880
HB 2964*
(Full Text)
Mandatory 48 hours incarceration for selling minors alcohol. Prohibits retailer from selling any alcoholic beverages to a person known to be under the age of 21. Establishes that violation of this legislation is punishable by a mandatory minimum period of imprisonment of 48 hours. (S: Faulk; H: Faulkner)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate State & Local Government.
House Status: Withdrawn in House 02/01/2010.
SB 3156*
HB 3637
(Full Text)
Restrictions on selling and distribution of alcohol. Prohibits the sale, distribution, or consumption of alcoholic beverages in certain licensed venues between the hours of midnight and 8:00am. Broadly captioned. (S: Faulk; H: Todd)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3284*
HB 3888
(Full Text)
Suspension of license to sell beer also to include alcohol. Requires instead of allows the suspension of an establishment's permit to sell alcoholic beverages when the establishment has been suspended from selling beer or malt beverages. (S: Burchett; H: Faulkner)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3325
HB 3356*
(Full Text)
Background checks on applicants for licenses or permits. Requires a criminal background check at the applicant's expense for all permit applicants involved in the sale, distribution, manufacture, or storage of beer, employee and server permits for alcoholic beverages, a winery license, or a manufacturer's or distiller's license. (S: McNally; H: Hackworth)
Senate Status: Referred to Senate State & Local Government.
House Status: House Local Government Subcommittee deferred to 03/10/2010.
SB 3450
HB 3345*
(Full Text)
Wineries conducting business at satellite facilities. Permits a winery to conduct business at not more than two additional satellite facilities. Requires a winery to obtain a permit for each satellite facility in order to serve complimentary samples and to sell wine. Prohibits the manufacturing or bottling of wine at satellite facilities. Allows a winery to transport wine to one of its satellite facilities. (S: Yager; H: Casada)
Senate Co-Sponsor: Johnson J.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3563
HB 3563*
(Full Text)
Sales of alcoholic beverages to persons under age. Establishes an additional $500 fine for alcoholic beverage retailers and licensees and beer permit holders for selling alcoholic beverages or beer to any person under 21 years of age. (S: Ketron; H: Rowland)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3570
HB 3572*
(Full Text)
Sell of tobacco and alcohol to under age persons. Prohibits the owner or manager of a store or establishment that sells beer or alcoholic beverages at retail from being liable for civil damages if the owner or manager's employee made the sale to an underage person. Prohibits the assessment of civil penalties against a tobacco storeowner whose employee sold tobacco products to a minor. (S: Ketron; H: Rowland)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 3576
HB 3003*
(Full Text)
Tennessee Farm Winery Law. Enacts the "Tennessee Farm Winery Law." Allows retail food stores to acquire a Tennessee winery retailer license which permits such stores to sell products of wineries licensed with the state. (S: Ketron; H: Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government. House Government Operations will review if recommended.
SB 3577
HB 2948*
(Full Text)
Local referendum on sale of wine in grocery stores. Requires a county election commission to hold a referendum about whether to approve sale of wine in retail food stores, if the necessary petition requesting such referendum is received no less than 45 days before the election date. Establishes the same provision for Shelby County, except if the necessary petition requesting such referendum is received no less than 30 days before the election date. Creates an additional class of licenses allowing the sale of wine at retail food stores. (S: Ketron; H: Shepard)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3596
HB 3399*
(Full Text)
Alcoholic beverages sold for on premises consumption. Allows alcoholic beverages, wine, and beer to be sold for on premises consumption at any location in such jurisdiction that has held a local option election approving liquor-by-the-drink. (S: Ketron; H: Tindell)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3599
HB 3398*
(Full Text)
Unincorporated county areas: on-premises consumption vote. Allows unincorporated areas of any county, removing the previous requirement of a charter form of government, to hold a countywide election to determine approval of selling alcohol for on-premises consumption. (S: Ketron; H: Tindell)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3610
HB 3522*
(Full Text)
Manufacturers with retail license can have paid tastings. Permits manufacturers holding a retail license to be able to have paid tastings. Prohibits the alcoholic beverage commission from requiring additional space requirements other than those required under federal law. (S: Ketron; H: Odom)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
SB 3712
HB 2925*
(Full Text)
TN Responsible Server Act: alcohol server permits. Enacts the Tennessee Responsible Server Act of 2010 that includes: server training (both beginning and continuing after employment); employer-provided education materials on alcohol consumption; and appropriate server permits that expire after a certain time. Requires server permits to be revoked after an alcohol sale to a minor. Requires vendor permits to be revoked after an alcohol sale to a minor and a finding that the vendor failed to comply with this act or that the vendor knew that the minor was being served alcohol. Requires the vendor permit to be revoked if the vendor has two violations within one year. Establishes a pay scale to determine how much each vendor must pay to receive server training. Allows violators of this act to receive criminal prosecution and other civil penalties. (S: Haynes J.; H: Moore)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government. House Government Operations will review if recommended.
HJR 0412
(Full Text)
Wine and alcoholic beverages study committee. Creates a special joint committee to study the economic and regulatory impact of broadening the number and types of establishments involved with and related to the retail sale of wine and alcoholic beverages. (H: Todd)
House Status: Taken off notice in House State & Local Government 05/12/2009.
CAMPAIGNS & LOBBYING
SB 0139*
HB 0519
(Full Text)
Public Chapter (PDF)
Time frame for contributions to any candidate. Prohibits a multicandidate political campaign committee controlled by a political party from making a contribution to any candidate after the tenth day before an election until the day of the election. (S: Ketron; H: Todd)
Senate Status: Senate passed 05/18/2009.
House Status: House passed 04/13/2009.
Other Status: Enacted as Public Chapter 0319 (effective 05/27/2009).
SB 0728
HB 0105*
(Full Text)
Campaign contributions by corporations. Allows representatives of any corporation doing business with the state to make campaign contributions up to the same contribution limits as individuals, LLCs, or partnerships on behalf of the corporation. (S: Watson B.; H: McCormick)
Senate Status: Referred to Senate State & Local Government.
House Status: Failed in House Elections Subcommittee 04/08/2009.
CRIMINAL LAW
SB 3122
HB 3198*
(Full Text)
Underage drinker must divulge source of alcohol. Requires person 18-21 who is charged with underage purchase or possession of alcohol to cooperate with authorities by revealing the establishment where the alcohol was purchased or who purchased the alcohol for the person in order to be eligible for pretrial diversion. (S: Faulk; H: Faulkner)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
SB 3123
HB 3197*
(Full Text)
Serving of alcoholic beverages to minor. Creates a mandatory 48-hour incarceration minimum for selling alcoholic beverages to a minor. Broadly captioned. (S: Faulk; H: Faulkner)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Local Government Subcommittee.
SB 3564
HB 3570*
(Full Text)
Under age access to age-restricted venue. Creates a Class C misdemeanor if an owner or employee of an age-restricted venue allows access to its facilities to a person who is under 21 years of age. (S: Ketron; H: Rowland)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Agriculture.
SB 3735
HB 2694*
(Full Text)
Repeals: prohibition of firearm combination with alcohol. Repeals the previous prohibition of possessing a firearm in a building where alcoholic beverages are served in public. (S: Bunch; H: Dennis)
House Co-Sponsors: Rich; Lundberg; Fincher
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
HB 2523*
(Full Text)
Sale of liquor to minors. Requires any person selling alcoholic beverages to a person under the age of 21 to serve a mandatory minimum period of incarceration of 48 hours. Minor is clarified to mean under twenty-one (21) years of age. (H: Faulkner)
House Status: Withdrawn in House 02/25/2010.
GOVERNMENT ORGANIZATION
SB 1027
HB 1067*
(Full Text)
Sunset - alcoholic beverage commission. Sunsets the alcoholic beverage commission on June 30, 2010. (S: Johnson J.; H: Lynn)
House Co-Sponsors: Cobb J.; Kernell
Senate Status: Taken off notice in Senate Government Operations 03/18/2009.
House Status: Referred to House Government Operations.
SB 2465
HB 2459*
(Full Text)
Sunset - alcoholic beverage commission. Sunsets the alcoholic beverage commission on June 30, 2010. (S: Watson B.; H: Lynn)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
GOVERNMENT REGULATION
SB 2573
HB 2660*
(Full Text)
Suspension of alcohol permits after third violation. Requires commission to suspend or revoke a license or permit instead of imposing a fine after the third violation when all three violations are the same kind of violation and occur within a two-year period. (S: Faulk; H: Lundberg)
Senate Status: Senate State & Local Government deferred to 03/10/2010.
House Status: Referred to House State Government Subcommittee.
INSURANCE HEALTH
SB 2836
HB 2904*
(Full Text)
Coverage through health group cooperative - small employers. Decreases to three from five years the length of time a small employer must commit to purchasing coverage through a health group cooperative, even though participation remains voluntary. (S: Southerland; H: Lollar)
House Co-Sponsors: Curtiss; Fincher
Senate Status: Senate passed 02/17/2010.
House Status: Set for House Commerce Committee 03/02/2010.
SB 3748
HB 2725*
(Full Text)
Health insurance: health benefit purchasing cooperatives. Enables individuals and small businesses to create health benefit purchasing cooperatives. Allows healthcare cooperatives to become nonprofit corporations, pool together members' insurance risks for coverage, and create three-year contracts for health insurance coverage. Directs the healthcare cooperatives to provide reports to certain parties. (15 pp.) (S: Bunch; H: Campfield)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce. House Government Operations will review if recommended.
JUDICIARY
SB 1939*
HB 1579
(Full Text)
Public Chapter (PDF)
Cause of action for alcohol-related injuries. Specifies that any statutory cause of action for alcohol-related injuries is in addition to any common law causes of action for such injuries. (S: Faulk; H: Harrison)
Amendment: House amendment 1 changes the language "obviously intoxicated" to "visibly intoxicated".
Senate Status: Senate 06/02/2009 concurred in House amendment 1.
House Status: House 05/21/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0492 (effective 06/23/2009).
LABOR LAW
SB 0469
HB 0480*
(Full Text)
English-only policy in the workplace. Specifies that it is not a discriminatory practice under state law for an employer to institute an English-only policy in the employer's workplace based on business necessity. (S: Johnson J.; H: Hill)
Amendment: Senate amendment 1 adds EEOC compliance language, requiring employer to post notice if instituting such policy. House Consumer & Employee Affairs amendment 1 establishes that the employer provides notice to employees of the policy and the consequences of violating the policy.
Senate Status: Senate 03/30/2009 passed with amendment 1.
House Status: Failed in House Consumer & Employee Affairs 05/05/2009.
RETAIL TRADE
SB 0599
HB 0551*
(Full Text)
Penalties for failure to perform credit card ID checks. Creates an offense for a retail clerk to fail to verify the identification of any person who presents a credit or debit card to pay for good or services at the point of sale during a face-to-face transaction. Specifies that first violation is a Class C misdemeanor offense and that second or subsequent violations are a Class B misdemeanor. Specifies that retailer who employs a clerk who violates this section is liable for any damages suffered by cardholder. (S: Burchett; H: Hardaway)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
TAXES BUSINESS
SB 0714*
HB 1735
(Full Text)
Sin taxes increased to fund crime prevention grants. Increases taxes on alcoholic beverages and cigarettes, with increase earmarked to fund crime prevention grants, drug court grants, and mental health system grants. Increases taxes for wine to $1.45 from $1.21 per gallon; for spirits to $4.84 from $4.40 per gallon; for mixed drinks, to 16% from 15%; for beer to $4.72 per barrel from $4.29 per barrel. Cigarette taxes increase to 4 cents per cigarette from 3 cents. Broadly captioned. (S: Tate; H: Camper)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/18/2009.
House Status: Caption bill held on House clerk's desk.
SB 3073
HB 3085*
(Full Text)
Limited excise tax exemptions for certain businesses. Creates a limited excise tax exemption for the first $25,000 in net income of any business having annual profits of less than $100,000 for tax years 2010 and 2011. Creates a limited excise tax exemption for the first $15,000 in net income of any business having annual profits between $100,000 and $200,000 for tax years 2010 and 2011. (S: Herron; H: Fitzhugh)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Referred to House Finance Budget Subcommittee.
TRANSPORTATION VEHICLES
SB 1115
HB 0943*
(Full Text)
Driver licenses or state IDs may have alcohol warning. Allows a licensee to request "Do Not Serve Alcohol" to be printed prominently on a driver license. Prohibits any person, including a permit holder licensed to sell alcoholic beverages, from being liable for serving alcohol to a licensee based on such driver license (S: Black; H: Lynn)
Senate Status: Referred to Senate Transportation.
House Status: Failed in House Transportation Public Safety Subcommittee 03/17/2009 for lack of a second.
SB 2672
HB 2744*
(Full Text)
Possession of an open alcoholic beverage container. Specifies that it is a Class C misdemeanor, punishable by a $50.00 fine, if a driver of a motor vehicle is charged with consuming alcoholic beverages in a motor vehicle or is charged with possession of an open alcoholic beverage container in a motor vehicle, but not charged with any other alcohol related offense. (S: Faulk; H: Lundberg)
Senate Status: Referred to Senate Judiciary.
House Status: Set for House State & Local Government Committee 03/02/2010.
UTILITIES
SB 1232
HB 0913*
(Full Text)
Businesses to enroll on Do Not Call registry. Allows business telephone subscribers to enroll on the Tennessee Do Not Call Register. (S: Bunch; H: Hill)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/21/2009.
House Status: Withdrawn in House 04/09/2009.
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