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See the below notice distributed by the Alcohol and Tobacco Tax and Trade Bureau (TTB) and Tennessee Brewer’s Guild which pertains to the regulatory requirements surrounding the destruction of beer.  Unfortunately, this is relevant for many manufacturers at this time.  An extension on the waiver of the requirement to notify the TTB of destruction of …

Whether you agree or disagree with the policy decision to reopen a city during COVID may depend on what side of the bar you are on, but then again it may not.  Many of those who own or are employed by hospitality businesses and work long hours to ensure that when we are in the …

Restaurants and bars in Tennessee are finding much needed relief from Governor Lee’s suspension of the certain rules and regulations that prohibit the takeout and delivery of alcohol by restaurants and bars.  As previously blogged here, Tennessee Executive Order No. 17 allows restaurants and bars to deliver alcohol or offer it for takeout during the Coronavirus/COVID-19 quarantine …

Below is an important message published on March 23, 2020, from the Tennessee Craft Brewers Guild.  Thank you Executive Director Sharon Michie! This helps clarify whether you can march on with beer delivery, or whether you need consent from your local beer board.  This applies to all who serve beer in the state of Tennessee.  …

Tennessee Governor Bill Lee signed an executive order on March 22, 2020, which, among other Covid-19 related matters, temporarily suspends state and local laws and regulations that currently restrict restaurants from allowing take-out or delivery of alcoholic beverages or beer.  Restaurants can now sell for take-out or deliver wine, spirits, and beer drinks (not bottles …

Our friends at the Tennessee Wine and Spirits Association (TWSRA) have summarized the most recent updates relating to industry closures due to the Coronavirus (Covid-19).  At this time, off-premise deliveries are allowed and retail package stores are open. Coronavirus (Covid-19) – UPDATE FROM THE ABC Coronavirus Related Questions for Retail Package Stores(Last updated March 19, 2020) Q: …

If you are a hospitality business owner, you likely have employees that participate in the receipt of tips and/or tip sharing as a component part of their compensation, as well as employees that do not receive tips as a portion of their compensation structure.  Federal wage and hour labor laws apply to both types/classes of …

The Tennessee Hemp Industries Association (TNHIA) is urging supporters of Tennessee’s industrial hemp industry to reach out to their local legislators and urge support of HB 1853 / SB 2059.  See a summary and link to the bill below.  This bill is looking to further separate, namely in tax structure, industrial hemp from tobacco. Click …

Earlier this month I was asked by a large, local bank to meet and discuss the industrial hemp industry and the current state of local, state and federal legal landscapes.  Naturally, one topic of our discussion was the recently issued Joint Guidance on Providing Financial Services to Customers Engaged in Hemp-Related Businesses, which is a statement …

On March 2, 2020, Joe Kirkpatrick of the Tennessee Hemp Industries Association (TNHIA) published and circulated the call to action message below.  The bill summarized and cited below would protect lots of public employees who rely on or otherwise enjoy legal, non-psychoactive industrial hemp products.  Bill Numbers:    HB 2054 / SB 1944Sponsor:   Rep. …

In a press release dated January 7, 2020, the Tennessee Alcoholic Beverage Commission (TABC) disclosed the identities of seven out-of-state businesses, who combined for approximately 1000 illegal direct-to-consumers shipments of alcohol (not wine) in Tennessee, were permanently ordered to cease and desist shipping product into Tennessee.  The press release makes it clear that only wine, …

In December of 2019, the Tennessee Alcoholic Beverage Commission issued the following update, providing information on topics from direct shipping of alcohol to the Federal REAL ID Act.  The message was circulated to industry members and those signed up to receive TABC correspondence.  We appreciate and value these updates and the TABC’s efforts to periodically …

You live in Tennessee and are perusing your local grocery store for the perfect Thanksgiving turkey and bottle of wine to pair.  While navigating the small and often inadequate wine selection of your local grocery store you see the following collar resting neatly on a bottle of red: Wow!  Can this be?!  With the purchase …

In late October of 2019, the National Association of Attorneys General (NAAG) sent letters to leading U.S. online vendors such as Craigslist, eBay, and Facebook, asking them to undertake certain steps to curtail illegal alcohol sales online.  The letter urged the platforms to stop the illegal sale of online alcohol.  Unfortunately, social media platforms have …

A consumer can go online and order a bottle of Jack Daniel’s from a wide selection of online retailers, but that doesn’t make it lawful here in Tennessee.  Direct to consumer shipping of spirits is prohibited in Tennessee.  Below see a letter from earlier this year from then Tennessee Alcoholic Beverage Commission director, Clay Byrd, …

In the November 2019 Metro Nashville Beer Board Newsletter, Director Benton McDonough announced that Inspectors Terrance Darby and Doug James have each been awarded promotions inside of Metro’s suds-governing department.  We are fortunate to know Inspectors Darby and James well and have always found each of them to be extremely knowledgeable, professional, and stern but …

In its newsletter of November 1, 2019, the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) reminds of the existence of its “smart form” for the filing of federal excise tax returns.  With so many new manufacturers entering the marketplace, what is an old hat to those industry members that have been around since …

The FDA’s position as it pertains to marketing and selling CBD products as food items or dietary supplements is that a framework of regulations must be developed and uniform standards created before the lawful marketing of hemp-derived CBD products can exist.  Kentucky Senator Mitch McConnell (R) is attempting to urge the FDA process along by …

On Monday, August 26, 2019, federal drug authorities, the Drug Enforcement Administration (DEA), announced that it is moving forward to facilitate and expand scientific and medical research for marijuana in the United States.  According to the DEA’s notice, over the last two years, the total number of individuals registered by DEA to conduct research with …

I am a proud member of the U.S. Hemp Industry Association (HIA) and Tennessee Hemp Industry Association (TNHIA).  On August 22, 2019, Hemp Industry Daily, an online publication covering all matters cannabis, published a fantastic Q&A with HIA President, Joy Beckerman, which can be found here.  Joy comments on the fast-paced growth and current health of …

At the August 29, 2019 meeting of the Tennessee Alcoholic Beverage Commission (“TABC”), Law Enforcement Chief Bond Tubbs provided a report of TABC enforcement activity over the last month.  As the statistics show, nearly all of the citations were for violations that are easily preventable.  We often feel like a broken record skipping to the …

Are you an employer looking to provide guidance to your employees regarding alcohol server training and the obtaining of a server permit?  Recently been hired and need to obtain your alcohol server permit?  Here is what you need to know: The server must be at least 18 years of age and must take a Tennessee …

Travis D. Hayes III, a USPS business program specialist, wrote in a USPS advisory opinion of March 4, 2019, titled the “Acceptance Criteria for Cannabidiol (CBD) Oil and Products Containing CBD” that the Postal Service has received an increasing number of requests to transport CBD oil and products containing CBD in Postal Service networks.  The …

Flying across the country for work or play and don’t want to leave your CBD oil at home?  Nervous about checking or passing through security with your CBD product(s)?  Be nervous no more.  On May 27, 2019, the Transportation Security Administration (TSA) published a change of its policy relating to CBD and other hemp-derived products.  …

On April 4, 2019, a Tennessee Alcoholic Beverage Commission (TABC) Sting operation took place in Brentwood, Tennessee, resulting in citations to eight businesses that were caught selling beer to minors.  The article below is one small example of how active the TABC enforcement measures are this year.  Please see our blog post of March 30, …

The Federal Alcohol and Tobacco Trade Bureau (TTB) has issued a long-awaited statement pertaining to the producing of alcoholic beverages containing CBD and other cannabis derived substances.  The alcohol and cannabis industries have been on the edges of their seats, awaiting guidance from both the TTB and FDA following the signing of the Agriculture Improvement …

On April 5, 2019, the Tennessee Alcoholic Beverage Commission (“TABC”) issued an important notice to all holders of a TABC-issued liquor license.  The copy of the message is included below.  Please do not hesitate to contact us if you have any questions pertaining to the licensing of your alcoholic beverage business or a renewal or …

The Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) Accepted a $2.5 Million Offer in Compromise from Heineken USA Incorporated for alleged violations of the exclusive outlet and tied house provisions of the Federal Alcohol Administration (FAA) Act. So what happened here?  It appears that the TTB investigated actions by Heineken in the states …

At the March 28, 2019 meeting of the Tennessee Alcoholic Beverage Commission (“TABC”), a new Assistant Director was appointed and the public got a summary of what TABC enforcement agents have been focusing on over the last 30 days.  Assistant Director Tabitha Blackwell The TABC appointed Ms. Tabitha Blackwell to its Assistant Director position during …

Consignment sales, or sales which are predicated on an obligation to pay a supplier for goods only once goods are sold, are strictly prohibited in the alcoholic beverage industry.  The prohibition of consignment sales is not only found in Tennessee statutes and in the rules of our Tennessee Alcoholic Beverage Commission, but consignment sales are …