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If you are a distillery, winery, or brand owner of alcoholic beverages, and have been in business long enough, you have likely faced a situation where your product labels which have already been applied to your bottles are no longer accurate and thus, technically, non-compliant.  Fortunately, there is a process offered by the U.S. Alcohol …

In the state of Tennessee, we have special regulations which allow the production and sale of “infused” alcoholic beverage products by licensed alcoholic beverage on-premise consumption retailers, such as bars, restaurants, and hotels.  Pursuant to statute, the retailer is allowed to combine an alcoholic beverage with a non-alcoholic beverage or product with the intention (and …

Attorney Curtis R. Harrington II, of Nashville-based law firm Belcher Sykes Harrington, has been appointed by Gov. Bill Lee to serve as a member of Tennessee’s first Medical Cannabis Commission, according to a release.  In 2021, the Tennessee General Assembly passed into law a bill forming the nine-member Medical Cannabis Commission and tasking the commission …

GOP Congresswoman Mace, a South Carolina Republican, has introduced the States Reform Act (SRA), which joins the MORE Act legislation as a proposed sweeping change to U.S. cannabis law.  The legislation is cosponsored by Reps. Ken Buck, R-Colo., Brian Mast, R-Fla., Tom McClintock, R-Calif., Peter Meijer, R-Mich., and Don Young, R-Alaska. “Today, only three states …

My wife and I are from Louisiana and are so thankful that our families and loved ones made it through Hurricane Ida.  My wife is from Houma, Louisiana, which is south of New Orleans and which was in the direct path of Ida as a Category 4 hurricane.  The town and region is now a …

On July 1, the Metropolitan Government of Nashville and Davidson County (“Metro”) imposed a fee increase to the Central Business Improvement District (“CBID”) retailers on certain retail items and services that are subject to Tennessee sales tax. The fee has increased from 0.25% to 0.50%. The CBID fee is imposed on retailers in the district, …

Special thanks to my Loyal Lieutenant, Janelle Beasley, formerly of the Tennessee Department of Revenue, for authoring this insightful article! It’s that time of year again for Tennessee’s Sales Tax Holiday. This is the weekend where certain clothing, school supplies, and computers are completely sales tax free in the state. This year the tax -free …

A TTB Trade Practice Investigation has resulted in an $850,000 Offer in Compromise for Illinois-based wholesalers, RN Acquisition, LLC and City Beverage – Markham, LLC of Chicago and Arlington Heights, Illinois.  The U.S. alcoholic beverage industry has seen an increase in enforcement measures by the TTB following the TTB’s enforcement budget increase of the past …

In this article, I will discuss some of the laws and considerations pertaining to when a beer wholesaler is required to provide notice to its suppliers, and in some cases even required to obtain written consent from its beer suppliers, in the event of a sale or transfer of the wholesaler’s business.  Transfers can take …

On Wednesday, April 14th, Nashville Mayor John Cooper announced that COVID restrictions applying to bars, restaurants, and outdoor gathering venues will be lifted as of April 16th.  The updated restrictions are as follows: Total capacity for seated, socially-distanced patrons increases to 225 per floor of establishment Closing time is back to 3:00 a.m. The number of …

On Monday, February 8, 2021, Tennessee Alcoholic Beverage Commission Director Russell Thomas released the below memorandum, titled Retail Operation Requirement for Retail Package Stores.  The memo clarifies a bit of an open question faced by the TABC and industry members in 2020/2021, which is whether a industry member which purchases, stores, and sells beverage alcohol products …

2021 is finally here – may it be a bit kinder on humankind than its predecessor. As we head into the New Year, it is important to remain mindful of the COVID restrictions imposed on bars, restaurants, breweries, distilleries, and other gathering places within Metro Nashville.  All restrictions and other resources can be found here. Be …

Here at Belcher Sykes Harrington, PLLC, we hope that you are responsibly “poppin’ bottles” this holiday season with your friends and loved ones.  Just don’t pop a bottle of liquor in your favorite bar or restaurant, at least while still inside of the state of Tennessee.  What about a bottle of wine?  Knock yourself out.  …

Unless you have been living under a rock, in a primitive cabin in the Alaskan wilderness (can I visit?), or deep in the bottle, you are aware that we are seeing COVID-19 numbers skyrocket nationally.  As a result, states are taking action in the form of a wave of executive orders calling for closures, shutdowns …

We handle a great deal of beer, wine and distilled spirits labeling and compliance work and we always love to share great resources when we find them.  You have completed the hard work of bringing your very first beer or your new seasonal style from concept to finished product and you are finally ready for distribution …

On Thursday, August 13th, Nashville Mayor John Cooper stated that Nashville bars will be allowed to reopen on Monday, August 17th with up to 25 patrons only.  The new mandate rules will also extend the curfew imposed on restaurants from 10:00 p.m. to 10:30 p.m., which Cooper stated would allow businesses one more round of …

Through Metropolitan Government of Nashville and Davidson County Beer Board Emergency Order No. 1 (which we blogged about here), and subsequent Order No. 2, Metro has allowed curbside delivery and direct to consumer delivery of beer by holders of Metro Beer Board on-premise and on/off-premise beer permits.  On Wednesday, July 29, 2020, the Metro Beer …

On June 29, 2020, Governor Bill Lee signed Executive Order 50 extending the State of Emergency related to the ongoing COVID-19 pandemic to August 29, 2020. While this order is extended to all 95 counties in Tennessee, 6 counties, including Davidson, Knox, Hamilton, Shelby, Madison, and Sullivan Counties have implemented their own protocols issued by …

Due to a recent spike in COVID-19 cases, Mayor John Cooper has decided to revert the city back to a modified Phase 2. For restaurants, this means more restrictive protocols will be in place until Nashville is able to move to the next phase of reopening. Unfortunately, bars must close for fourteen (14) days from …

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, …