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WHAT TYPES OF BEER WHOLESALER/DISTRIBUTOR CHANGES REQUIRE SUPPLIER CONSENT?
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 …
NASHVILLE EASES COVID-19 RESTRICTIONS FOR BARS/RESTAURANTS/GATHERINGS
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 …
TENNESSEE ALCOHOL DIRECTOR ISSUES STATEMENT RE: ONLINE SALES BY LIQUOR STORES
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 …
COVID RESTRICTIONS FOR NASHVILLE BARS, RESTAURANTS, BREWERIES AND DISTILLERIES AS WE HEAD INTO 2021
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 …
POPPIN’ BOTTLES : CAN BARS, RESTAURANTS AND HOTELS SELL BOTTLES OF LIQUOR TO CUSTOMERS IN TENNESSEE?
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. …
GROWING COVID-19 NUMBERS, MORE STATE SHUTDOWNS, AND THE AFFECT ON ALCOHOL AND HOSPITALITY INDUSTRIES
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 …
FEDERAL LABELING TIP: HOW TO INCLUDE NET CONTENTS ON YOUR BEER LABEL FOR QUICKER TTB APPROVAL
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 …
NASHVILLE BARS ALLOWED TO REOPEN WITH UP TO 25 PATRONS
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 …
METRO NASHVILLE BEER BOARD VOTES TO EXTEND CURBSIDE SALES AND DELIVERY THROUGH OCTOBER 2020
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 …
GOVENOR LEE ORDERS THE EXTENSION OF TENNESSEE’S STATE OF EMERGENCY IN EXECUTIVE ORDER 50
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 …
NASHVILLE BACK TO PHASE 2: HOW TO OPERATE AS A BAR OR RESTAURANT IN MODIFIED PHASE 2
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 …
FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB) EXTENDS BEER DESTRUCTION NOTICE WAIVER
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 …
HOW TO REOPEN DURING COVID AS A BAR, RESTAURANT OR BREWERY IN NASHVILLE, TENNESSEE
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 …
HOW TO DELIVER ALCOHOL AS A RESTAURANT OR BAR DURING THE CORONAVIRUS
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 …
NOTICE TO ALL BREWERIES, RESTAURANTS AND BARS IN TENNESSEE THAT SERVE BEER
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 LEE ALLOWS TAKE-OUT/DELIVERY OF ALCOHOL BY RESTAURANTS IN COVID-19 EXECUTIVE ORDER & NASHVILLE MAYOR COOPER ISSUES STAY AT HOME/QUARANTINE ORDER
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 …
TENNESSEE ALCOHOLIC BEVERAGE CORONAVIRUS (COVID-19) UPDATES
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: …
HOW TO COMPENSATE TIPPED EMPLOYEES IN TENNESSEE – RULES AND PITFALLS
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 …
Vote YES on SB 2059 in Senate Finance on Tuesday, March 10!
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 …
FEDS AND STATE BANK REGULATORS ISSUE HEMP CLARITY
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 …
TENNESSEE HEMP INDUSTRY ASSOCIATION CALL TO ACTION
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. …
TABC PRESS RELEASE: WINE IS THE ONLY ALCOHOLIC BEVERAGE THAT CAN BE LEGALLY SHIPPED DIRECT TO CONSUMERS IN TENNESSEE
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, …
TENNESSEE ALCOHOLIC BEVERAGE COMMISSION ISSUES UPDATE PERTAINING TO DIRECT SHIPPING OF ALCOHOL AND FEDERAL REAL ID ACT
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 …
HOW ALCOHOL MAIL-IN REBATES WORK IN TENNESSEE
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 …
TENESSEE AND OTHER STATE ATTORNEYS GENERAL UNITE AGAINST ILLEGAL ONLINE SALES OF ALCOHOL
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 …
TENNESSEE ALCOHOLIC BEVERAGE COMMISSION CRACKS DOWN
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, …
METRO NASHVILLE BEER BOARD ANNOUNCES WELL-DESERVED PROMOTIONS FOR INSPECTORS DARBY AND JAMES
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 …
TTB Reminds Of Federal Excise Return Smart Form
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 …
KENTUCKY U.S. SENATOR MITCH MCCONNELL DRAFTS PROPOSAL URGING FDA TO EXPEDITE CBD GUIDANCE
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 …
DEA ISSUES NOTICE AFFIRMING INDUSTRIAL HEMP AS LEGAL AND EXPANDING MARIJUANA RESEARCH
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 …
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