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As your distillery matures, you may consider taking on additional investment and capital to fund growth. Doing so may trigger required disclosures to the Alcohol and Tobacco Tax and Trade Bureau (TTB). Depending on the exact changes, a regulatory shot clock may be ticking to report these changes to the TTB. The threshold question for …

On April 10th the Tennessee House of Representatives passed HB 1376 SB 1413, which is the most comprehensive hemp-derived cannabinoid product (HDCP) regulation bill in Tennessee history.  After withstanding eleven committee amendments and one floor amendment, HB 1376 seeks to refine current Tennessee HDCP regulations through instituting a wholesale license, restructuring the taxation of HDCPs, restricting the sale …

Whether you are a company with your own hemp-derived brand of gummies, beverages, smokeable products, or other ingestible or hemp-derived products, or a brewery or distillery or non-alcoholic manufacturer looking to enter the hemp-derived production space, this post is designed to help you synthesize and understand some of Tennessee’s new requirements pertaining to these products.  …

Buying wine at a grocery store in Tennessee has only been an option for a few years, but its impact has been enormous. Until 2014, the only place to buy wine was at retail package stores (liquor stores). The Wine in Grocery Stores (WIGS) bill changed this and created a license to sell wine at …

A Non-Resident Seller’s Permit is one of the most important permits for the alcoholic beverage business in Tennessee. It is required for any producer to sell its products to Tennessee wholesalers, who can then sell them onto retailers such as restaurants and retail package stores. Unless you are a Tennessee-licensed distillery or winery, the NRS …

On July 1, 2024, the Tennessee Department of Agriculture made live its application submission portal for hemp-derived cannabinoid products (which includes delta-9 THC, delta-8 THC, THCa, to name a few) in Tennessee.  The Tennessee hemp-derived industry member license application can be found here: https://www.tn.gov/agriculture/businesses/hemp/hemp-derived-cannabinoids.html Please know that our state’s new Cannabis Director, Patricia Hart, is hosting …

After several years of investigations, the Tennessee Alcoholic Beverage Commission (TABC) announced a court-approved settlement that includes injunctive relief and over $50,000 in civil penalties levied against five online liquor stores unlawfully shipping alcohol direct to consumers without proper licensing. Executive Director Russell Thomas issued a strong warning against illegal shippers: “These penalties mark a …

We are pleased to have Ryan Mercurio, lawyer in our firm’s alcohol licensing division, author the below article which details a major change to Tennessee law for DACA status individuals wishing to participate in the hospitality industry.  Ryan is formerly of the Tennessee Alcoholic Beverage Commission, and we are fortunate to have him as a …

The Federal Trade Commission (FTC) is publishing a proposed rule (Non-Compete Clause Final Rule (ftc.gov) which would prohibit most employers from entering into non-compete clauses with most workers, also nullifying non-compete clauses entered into previously with most workers.  There is a carve-out for “senior executives.”  If the proposed rule is made permanent, employers will be required …

We at BSH are frequently provide guidance and compliance assistance for suppliers and wholesalers with the registration of beer brands with the Tennessee Department of Revenue (TDOR) so that the beers can be introduced for sale withing the state of Tennessee.  The definition of beer in Tennessee as slid upwards from an ABW threshold of 5% …

On August 30, 2023, the Tennessee Alcoholic Beverage Commission communicated a change to the licensing application process for bars and restaurants which will require that any incomplete application be brought to completion and satisfaction by the applicant industry member within 45 days from submission.  Failure to provide all required documents within the 45 day timeframe …

On Tuesday, August 29th, the The Alcohol and Tobacco Tax and Trade Bureau (TTB) published the Proposed Establishment of the Upper Cumberland Viticultural Area request for comment on the Federal Register – Daily Journal of the United States Government. The full publication can be found here:  Federal Register :: Proposed Establishment of the Upper Cumberland Viticultural …

 I was pleased to be asked by the Nashville Business Journal to pen a guest column regarding the state of cannabis in Tennessee and predictions for the future.  The full column, published in digital and print formats on February 10, 2023, can be accessed here.

If you operate as a U.S. alcoholic beverage importer that remits federal excise tax, or a foreign supplier of alcohol with products that are offered for sale in the U.S. there are essential, recently implemented changes that must be understood and adhered to as it pertains to remitting the tax and requesting tax credits under …

On November 10, 2022, I was invited as Chairman of the Tennessee Medical Cannabis Commission to participate in the Big Plan Holdings Cannabis Live Chat.  This was a well-produced and attended event which focused on current issues and predictions in the cannabis industry, both in and outside of the state of Tennessee.  I was honored …

A commission named by the Tennessee legislature to study medical cannabis regulation is struggling to get the attention of the lawmakers who appointed them. The 9-member panel is warning that the state must deal with cannabis, because it’s already everywhere. The cannabis commission issued its first report nearly a year ago outlining how surrounding states …

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 …