HB2261112th GA (Historical)Introduced

Amends TCA Title 57.

This bill revises various alcohol-related provisions, as follows: (1) This bill authorizes an applicant for a license or license renewal who possesses more than one license in regard to on-premises consumption to choose the expiration date of the license as long as the expiration date chosen is more than 12 months but less than 12 months from the date the license is issued or renewed and is the same date as an expiration date of another license under the on-premises consumption laws held by the applicant. The license fee for a license issued for less than 12 months will be prorated according to the length of the license. (2) This bill provides that any documentation that a licensee is required to maintain may be stored electronically and the commission must accept the electronic documentation for purposes of an inspection of the licensee or verification of compliance with the on-premises consumption laws. (3) Under present law, licensed caterers may serve wine, alcoholic beverages, and beer at sites other than the caterer's permanent catering hall. Present law requires the caterer to give advance notice to the alcoholic beverage commission of the location. This bill adds that a caterer must electronically notify the commission at least one calendar day before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages. This bill prohibits the department of revenue from using the event notification form for purposes of an audit. This bill authorizes a wholesaler to deliver alcoholic beverages directly to the event site. This bill provides that a new server hired by a caterer may work for 61 days after being hired without a server permit. A server who has worked for 61 days must have a server permit. (4) This bill requires the alcoholic beverage commission to take the following actions during exigent circumstances, such as a declared state of emergency: (A) Extend, for a reasonable period of not less than six months, the expiration date of or the period to renew a license in regard to the sale of liquor by the drink, even if the licensee fails to continue to meet the requirements for the license as a result of the exigent circumstances; and (B) Change a license type when the ownership and business entity with respect to the license stays the same, without the requirement of a formal application and fee. (5) Present law authorizes the commission to treat all violations for which the commission may impose a fine as separate offenses. This bill adds that notwithstanding that provision, that multiple minor violations of the same type discovered during a single investigation must be treated as a single offense. Under this bill, the commission must allow a licensee 10 business days to cure a minor violation before imposing a fine. This bill specifies that a licensee will not be fined if the minor violation is cured. For the purposes of this bill, a "minor violation" means a failure to: (A) Maintain the establishment in proper sanitary conditions; (B) Register all management personnel with the commission; (C) Give adequate notice to the commission of catered events; (D) Maintain copies of server permits on licensed premises; (E) Properly display any required permits or licenses; or (F) Comply with any other requirements prescribed by rule of the commissioner deemed to be minor violations. (6) Present law authorizes the commission to require an applicant for an on-premises consumption license to disclose certain information regarding the applicant's name, moral character, and criminal history under oath. This bill additionally authorizes the commission to require an applicant to disclose the name and email address of the licensee to whom notification of violations must be given. The commission must provide written notice of violation to this person by email. (7) This bill removes the present law requirement that the director of the alcoholic beverage commission be licensed to practice law in this state. ON MARCH 30, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2251, AS AMENDED. AMENDMENT #1 deletes the provisions of this bill that are described in (4), (5), and (7) of the Bill Summary, and makes the following additional changes to this bill: (1) Makes the provisions concerning holders of multiple licenses described in (1) of the Bill Summary effective July 1, 2023; (2) Requires the commission to accept electronic documentation, as described in (2) of the Bill Summary, for purposes of an inspection of the licensee or verification of compliance with present law concerning employee and server permits. This amendment also adds that, notwithstanding authorization to store documentation electronically, a license for on-premises consumption must be prominently displayed and posted on the licensed premises; (3) Increases this bill's notice requirement for caterers from one day to two days before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages, and makes such requirement effective on July 1, 2023; (4) Deletes this bill's prohibition against the department of revenue using a caterer's event notification for purposes of auditing the caterer; (5) Adds that, in order for a wholesaler to deliver alcoholic beverages directly to the site where a caterer is catering event: (A) The caterer must have notified the commission of the delivery address prior to the event; and (B) The caterer must be at the delivery site to receive the delivery at the time of delivery; and (6) Deletes authorization for new servers to work 61 days for a caterer before having to obtain a server permit.

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Overview

This bill revises various alcohol-related provisions, as follows: (1) This bill authorizes an applicant for a license or license renewal who possesses more than one license in regard to on-premises consumption to choose the expiration date of the license as long as the expiration date chosen is more than 12 months but less than 12 months from the date the license is issued or renewed and is the same date as an expiration date of another license under the on-premises consumption laws held by the applicant. The license fee for a license issued for less than 12 months will be prorated according to the length of the license. (2) This bill provides that any documentation that a licensee is required to maintain may be stored electronically and the commission must accept the electronic documentation for purposes of an inspection of the licensee or verification of compliance with the on-premises consumption laws. (3) Under present law, licensed caterers may serve wine, alcoholic beverages, and beer at sites other than the caterer's permanent catering hall. Present law requires the caterer to give advance notice to the alcoholic beverage commission of the location. This bill adds that a caterer must electronically notify the commission at least one calendar day before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages. This bill prohibits the department of revenue from using the event notification form for purposes of an audit. This bill authorizes a wholesaler to deliver alcoholic beverages directly to the event site. This bill provides that a new server hired by a caterer may work for 61 days after being hired without a server permit. A server who has worked for 61 days must have a server permit. (4) This bill requires the alcoholic beverage commission to take the following actions during exigent circumstances, such as a declared state of emergency: (A) Extend, for a reasonable period of not less than six months, the expiration date of or the period to renew a license in regard to the sale of liquor by the drink, even if the licensee fails to continue to meet the requirements for the license as a result of the exigent circumstances; and (B) Change a license type when the ownership and business entity with respect to the license stays the same, without the requirement of a formal application and fee. (5) Present law authorizes the commission to treat all violations for which the commission may impose a fine as separate offenses. This bill adds that notwithstanding that provision, that multiple minor violations of the same type discovered during a single investigation must be treated as a single offense. Under this bill, the commission must allow a licensee 10 business days to cure a minor violation before imposing a fine. This bill specifies that a licensee will not be fined if the minor violation is cured. For the purposes of this bill, a "minor violation" means a failure to: (A) Maintain the establishment in proper sanitary conditions; (B) Register all management personnel with the commission; (C) Give adequate notice to the commission of catered events; (D) Maintain copies of server permits on licensed premises; (E) Properly display any required permits or licenses; or (F) Comply with any other requirements prescribed by rule of the commissioner deemed to be minor violations. (6) Present law authorizes the commission to require an applicant for an on-premises consumption license to disclose certain information regarding the applicant's name, moral character, and criminal history under oath. This bill additionally authorizes the commission to require an applicant to disclose the name and email address of the licensee to whom notification of violations must be given. The commission must provide written notice of violation to this person by email. (7) This bill removes the present law requirement that the director of the alcoholic beverage commission be licensed to practice law in this state. ON MARCH 30, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2251, AS AMENDED. AMENDMENT #1 deletes the provisions of this bill that are described in (4), (5), and (7) of the Bill Summary, and makes the following additional changes to this bill: (1) Makes the provisions concerning holders of multiple licenses described in (1) of the Bill Summary effective July 1, 2023; (2) Requires the commission to accept electronic documentation, as described in (2) of the Bill Summary, for purposes of an inspection of the licensee or verification of compliance with present law concerning employee and server permits. This amendment also adds that, notwithstanding authorization to store documentation electronically, a license for on-premises consumption must be prominently displayed and posted on the licensed premises; (3) Increases this bill's notice requirement for caterers from one day to two days before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages, and makes such requirement effective on July 1, 2023; (4) Deletes this bill's prohibition against the department of revenue using a caterer's event notification for purposes of auditing the caterer; (5) Adds that, in order for a wholesaler to deliver alcoholic beverages directly to the site where a caterer is catering event: (A) The caterer must have notified the commission of the delivery address prior to the event; and (B) The caterer must be at the delivery site to receive the delivery at the time of delivery; and (6) Deletes authorization for new servers to work 61 days for a caterer before having to obtain a server permit.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
01100105

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HB2261: Amends TCA Title 57. | LegisGo