HB2658113th GA (Historical)Introduced

Amends TCA Section 57-4-203.

Present law provides the following:<br /> <br /> (A) A licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to a person under 21 commits a Class A misdemeanor;<br /> <br /> (B) A licensee engaging in business regulated by the alcoholic beverage commission ("commission") or any employee of a licensee who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given any beer or malt beverage to a person under 21 commits a Class A misdemeanor;<br /> <br /> (C) An entity holding a license for on premises sales and consumption of wine and other alcoholic beverages is prohibited from employing a person in the serving of beer, wine, or other alcoholic beverages who does not possess a server permit from the commission. The licensee must see that each person dispensing or serving such beverages in the licensee's establishment possesses such a permit, which permit must be on the person of such employee or on the premises of the establishment and subject to inspection by the commission or its agent when the employee is engaged in the performance of that employee's duties; and<br /> <br /> (D) A new server may work for 61 days after being hired without a permit. A server who has worked for 61 days must have a permit. Licensed establishments must only require a server or employee to provide a copy of such cards for keeping by the establishment.<br /> <br /> This bill adds to the present law by prohibiting the commission from revoking or suspending the server permit of a person who violates (A) or (B), but authorizes the imposition on the permit holder a civil penalty not to exceed $1,000 as long as, at the time of the violation (i) the permit holder has not violated (A) or (B) in the 12 months prior; (ii) the server responsible for the violation holds a valid server permit; and (iii) the permit holder has not violated (C) in the 12 months prior.<br /> <br /> This bill provides that a server permittee who violates (A) or (B) must be fined $500 and be required to retake training required by law. A server who violates (A) or (B) twice within any 12-month period is prohibited from serving alcoholic beverages or beer for a period of 12 months from the date of the violation. Additionally, a server who violates (D) and (A) or (B) is prohibited from obtaining a server permit for 24 months from the date of the violation of (A) or (B). <br />

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Overview

Present law provides the following:<br /> <br /> (A) A licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to a person under 21 commits a Class A misdemeanor;<br /> <br /> (B) A licensee engaging in business regulated by the alcoholic beverage commission ("commission") or any employee of a licensee who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given any beer or malt beverage to a person under 21 commits a Class A misdemeanor;<br /> <br /> (C) An entity holding a license for on premises sales and consumption of wine and other alcoholic beverages is prohibited from employing a person in the serving of beer, wine, or other alcoholic beverages who does not possess a server permit from the commission. The licensee must see that each person dispensing or serving such beverages in the licensee's establishment possesses such a permit, which permit must be on the person of such employee or on the premises of the establishment and subject to inspection by the commission or its agent when the employee is engaged in the performance of that employee's duties; and<br /> <br /> (D) A new server may work for 61 days after being hired without a permit. A server who has worked for 61 days must have a permit. Licensed establishments must only require a server or employee to provide a copy of such cards for keeping by the establishment.<br /> <br /> This bill adds to the present law by prohibiting the commission from revoking or suspending the server permit of a person who violates (A) or (B), but authorizes the imposition on the permit holder a civil penalty not to exceed $1,000 as long as, at the time of the violation (i) the permit holder has not violated (A) or (B) in the 12 months prior; (ii) the server responsible for the violation holds a valid server permit; and (iii) the permit holder has not violated (C) in the 12 months prior.<br /> <br /> This bill provides that a server permittee who violates (A) or (B) must be fined $500 and be required to retake training required by law. A server who violates (A) or (B) twice within any 12-month period is prohibited from serving alcoholic beverages or beer for a period of 12 months from the date of the violation. Additionally, a server who violates (D) and (A) or (B) is prohibited from obtaining a server permit for 24 months from the date of the violation of (A) or (B). <br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
01050110

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HB2658: Amends TCA Section 57-4-203. | LegisGo