HB0683112th GA (Historical)Introduced

Amends TCA Title 57.

Under present law governing the sale of beer: (1) A city, Class A county, or Class B county, or any committee, board, or commission created by these governmental bodies, is prohibited from revoking or suspending the permit of a responsible vendor for a clerk's illegal sale of beer to a minor, if the permit or license holder and the clerk making the sale have complied with the requirements of law regarding a responsible vendor (which include certain training, name badges, and instruction), but may impose on the responsible vendor a civil penalty not to exceed $1,000 for each offense of making or permitting to be made any sales to minors or for any other offense; and (2) The prohibition of (1) concerning the revocation or suspension of the vendor's permit does not apply to any vendor who is not a responsible vendor, or to a participating vendor, if the vendor or clerk making a sale to a minor fails to comply with the requirements of the responsible vendor provisions. With respect to such permit or license holder, the committee, board, or commission may, at the time it imposes a revocation or suspension, offer the permit or license holder the alternative of paying a civil penalty not to exceed $2,500 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000 for any other offense. This bill adds that, notwithstanding the above provisions or any other law to the contrary, if a beer board or other governmental body of a local government operates a sting operation against a permittee and engages two or more minors for the purpose of attempting to solicit or purchase beer from the permittee or a server or clerk at the permittee's establishment, the beer board or governmental body must not issue more than one citation or civil penalty for each operation, regardless of the number of sales to or solicitations by minors during the operation. For purposes of the suspension or revocation of a permit, a citation issued or penalty imposed pursuant to a sting operation will constitute a single violation, regardless of the number of sales to or solicitations by minors during the operation.

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Overview

Under present law governing the sale of beer: (1) A city, Class A county, or Class B county, or any committee, board, or commission created by these governmental bodies, is prohibited from revoking or suspending the permit of a responsible vendor for a clerk's illegal sale of beer to a minor, if the permit or license holder and the clerk making the sale have complied with the requirements of law regarding a responsible vendor (which include certain training, name badges, and instruction), but may impose on the responsible vendor a civil penalty not to exceed $1,000 for each offense of making or permitting to be made any sales to minors or for any other offense; and (2) The prohibition of (1) concerning the revocation or suspension of the vendor's permit does not apply to any vendor who is not a responsible vendor, or to a participating vendor, if the vendor or clerk making a sale to a minor fails to comply with the requirements of the responsible vendor provisions. With respect to such permit or license holder, the committee, board, or commission may, at the time it imposes a revocation or suspension, offer the permit or license holder the alternative of paying a civil penalty not to exceed $2,500 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000 for any other offense. This bill adds that, notwithstanding the above provisions or any other law to the contrary, if a beer board or other governmental body of a local government operates a sting operation against a permittee and engages two or more minors for the purpose of attempting to solicit or purchase beer from the permittee or a server or clerk at the permittee's establishment, the beer board or governmental body must not issue more than one citation or civil penalty for each operation, regardless of the number of sales to or solicitations by minors during the operation. For purposes of the suspension or revocation of a permit, a citation issued or penalty imposed pursuant to a sting operation will constitute a single violation, regardless of the number of sales to or solicitations by minors during the operation.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 8, 2021

Subjects
03652885

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