SB2938(Haynes)/HB3266(Moore) is now Public Chapter 877.
SB2938, as amended, allows for a clerk's name tag to display the clerk's first name only. The bill removes sunset provision on requiring presenting a photo identification prior to purchasing beer for off-premise consumption; creates exception to criminal or administrative action for situations where sale is made to a person who is or reasonably appears to be over the age of 50 and who fails to present identification.
Previously in 2007 -
TML has notified the Tennessee Alcoholic Beverage Commission (ABC) of municipal concerns regarding the “Tennessee Responsible Vendor Act” and expressed a desire to address these concerns at the impending rulemaking hearings. These rulemaking hearings were originally scheduled for the fall of 2007, but have not been held. In light of this, TML has also inquired about the current status of the program as no rules have been promulgated although the act was effective July 1, 2007.
Background
All municipalities are authorized under state statute to adopt, regulate and enforce ordinances as they relate to the sale of beer for off-premises consumption. Typically, a municipality establishes a local beer board to implement and enforce ordinances adopted pursuant to the state statutes.
In 2006, the General Assembly adopted the “Tennessee Responsible Vendor Act” which required the Tennessee Alcoholic Beverage Commission to establish a program that included comprehensive instruction on the prevention of the sale of beer to underage persons. The act also required the Tennessee Alcoholic Beverage Commission to create a certification process for those vendors who elect to participate in this program. This Act took effect July 1, 2007.
Under the Act, store clerks employed by participating vendors are allowed 61 days from their date of hire to complete the required training. The clerk is allowed to sell beer during this 61-day period. Cities have expressed concerns that the “grace period” afforded clerks provides a 61-day period in which alcohol may be illegally sold to minors without consequence to the employer, provided the employer is a certified “responsible vendor.”
The Act states that revocation of a participating vendor’s license will only be allowed after two violations of beer sales to minors within a 12-month period. The phrasing of the statute is ambiguous and as a result it is unclear whether a beer board may revoke a “responsible vendor’s” license upon the second violation or upon the third violation. Cities have argued that if the statute is interpreted to mean that a “responsible vendor’s” license may only be suspended or revoked upon the third offense, then this provision provides incentives for bad actors to enroll in the program simply to reduce penalties and avoid the loss of their licenses and, thus, will effectively weaken laws intended to combat underage drinking.
Senator McNally and Representative Dean filed legislation on behalf of TML during the 2007 legislative session which addressed the concerns voiced by cities. Through discussions with interested parties, it was suggested to TML staff that these concerns could be addressed through ABC rulemaking hearings. As such, we requested that the bill sponsors delay consideration until 2008.
