Tennessee Wine & Spirits Retailers Association

2011 Report Archive

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2011 End of Year Report

The legislature adjourned at 10pm Saturday, May 21, 2011, after completing its business for the year. The legislature plans to return at noon on January 10, 2012, to complete its second year of the 107th General Assembly. The House and Senate were led very efficiently this session and both leaders take pride in the fact that this year’s session adjourned five weeks prior to last year’s session and the earliest adjournment since 2004. The House was led this year by Beth Harwell, a long-time veteran of the Tennessee House and the first woman in Tennessee’s history to serve as speaker. The Senate was led by Lieutenant Governor Ron Ramsey who was elected to this position in 2007.

The balanced budget for fiscal year 2012-2013 was approved just two months after being released from Governor Haslam. The final budget of $30.8 billion includes these significant earmarks:

$1 million in recurring funds to soften the impact of the Hall Income Tax on seniors;
a 1.6 percent salary increase for state employees – the first in four years;
restoring $70.4 million to the Rainy Day Fund;
$3.8 billion to fully fund the BEP, including a $48.7 million increase for K-12 education;
$71.3 million for disaster relief resulting from recent storms and flooding;
and $10 million for the Memphis Research Consortium.

Governor Haslam was successful in passing his announced package of administrative bills:

Lifting the cap on charter schools in the state (HB 1989)
Revising the state’s civil justice system to bring predictability to companies across the state (HB 2008)
Allowing college students to utilize the HOPE scholarship during the summer (HB 2010)
An overhaul of teacher tenure (Public Chapter 70)

The passage of HB 2008 is described by the Governor as a method to make Tennessee number one in the Southeast for high quality jobs. The legislation revises the state’s civil justice system to make Tennessee more competitive for new jobs with surrounding states by bringing predictability and certainty to businesses calculating potential litigation risk and cost. Non-economic damages are capped in this legislation at $750,000 except where the law specifies otherwise.

For the TWSRA, the main goal of this legislative session was to defeat the wine in grocery stores legislation. Retailers took on the grocers in, “Red, White, and Food,” to stop the sale of wine in grocery stores. The House State and Local Committee heard testimony from both sides for a few weeks and then a motion was made in the House to move the bill until July 4, 2012. The motion prevailed which essentially makes the bill dead for next year’s session. The Senate sponsor, Bill Ketron, took the same action and placed the bill in general sub.

Another important issue for the industry was the passage of HB 986 by Representative Todd and Senator Overbey. This bill allows for the manufacture of high alcohol beer and allows those manufacturers to obtain a license as a restaurant. The bill was amended to allow retail stores to offer complimentary samples of the products it sells for tastings to be held on the premises of the retail licensee. The bill specifies such tastings must be for sales, education and promotional purposes. No licensed wholesaler may provide any products, funding, labor, support or reimbursement to a retailer in relation to tastings offered to consumers and customers of the retail store.

Another important issue this year was the passage of SB 42. This requires the alcoholic beverage commission to create a procedure to allow any person licensed by the commission to pay any outstanding fees, fines or other penalties assessed by the commission under protest in order to have such person's license renewed. Such procedure shall provide for refunding any money a licensee paid to the commission that is successfully contested by the licensee. Such procedure must provide for refunding any money a licensee paid to the commission that is successfully contested by the licensee. The companion bill-HB 49- did not move in the House.

Bills of Interest

The legislature passed SB 1030 which revise the Direct Shipping Act of 2009. The bill now allows wine to be shipped to any address in Tennessee.
The session acted on SB 321 but moved to re-refer the bill to calendar before taking a vote on the Senate floor. The bill was taken off notice in the House. SB 321 requires the alcoholic beverage commission to implement a new licensing structure for restaurants and limited service restaurants based on liability insurance codes.

We appreciate the opportunity to represent your interest on Capitol Hill. Please let us know if you have any questions or concerns.

ALCOHOLIC BEVERAGES
SB 0012 Ketron HB 0891 Niceley	Department of agriculture- removal of alcohol authority Removes the department of agriculture's authority to regulate or inspect a distillery or wholesaler of alcoholic beverages. Prohibits selling alcohol in violation of certain regulations created by the United States treasury department, alcohol and tobacco tax and trade bureau, or by the department of revenue or the alcoholic beverage commission. (S: Ketron; H: Niceley) Senate Status: Senate State & Local Government deferred to 2012. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0042 Faulk HB 0049 Lundberg	Alcohol sales: licenses and additional hearing costs. Requires all fees, fines, and other penalties be paid to commission before distillers, wholesalers, retailers, liquor-by-the-drink establishments, wineries, collectors, and direct shippers can get their licenses renewed. Allows alcoholic beverage commission to assess actual and reasonable costs of any hearing held in accordance with the contested case provisions of the Administrative Procedures Act. (S: Faulk; H: Lundberg) Amendment: Senate amendment 1 requires the alcoholic beverage association to create a procedure to allow any person licensed by the commission to pay any outstanding fees, fines or other penalties assessed by the commission under protest in order to have such person's license renewed. Requires the procedure to provide for refunding any money a licensee paid to the commission that is successfully contested by the licensee. Senate Status: Senate 05/20/2011 passed with amendment 1. Senate amendment 1 requires the alcoholic beverage association to create a procedure to allow any person licensed by the commission to pay any outstanding fees, fines or other penalties assessed by the commission under protest in order to have such person's license renewed. Requires the procedure to provide for refunding any money a licensee paid to the commission that is successfully contested by the licensee. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0087 Ketron HB 0052 Todd Public Chapter (PDF)	Hours of sale for beer. Requires that any establishment that is permitted to sell liquor or wine for on premises consumption be allowed to sell beer at the same times it is allowed to serve liquor or wine. Changes the hours during which beer may be sold in a Tennessee River resort district to the same hours as liquor by the drink. (S: Ketron; H: Todd) Amendment: Senate amendment 1 prohibits the hours for beer sales from being less than the hours established for the sale of liquor-by-the-drink within Tennessee River Resort jurisdictions. Senate Status: Senate 03/10/2011 passed with amendment 1. House Status: House passed 03/17/2011. Other Status: Enacted as Public Chapter 0027 (effective 03/31/2011).
SB 0301 Ketron HB 0455 Carr Public Chapter (PDF)	Blue Porch Bed and Breakfast can sell alcohol. Permits the Blue Porch Bed and Breakfast to sell alcoholic beverages for consumption on premises. (S: Ketron; H: Carr) Amendment: Senate amendment 1 corrects population references to specify that the bed and breakfast is in Rutherford County. Senate Status: Senate 03/07/2011 passed with amendment 1. House Status: House 03/21/2011 passed. Other Status: Enacted as Public Chapter 0031 (effective 03/31/2011).
SB 0316 Ketron HB 0406 Lundberg	Sale of wine at grocery stores. Creates an additional class of licenses allowing the sale of wine at retail food stores. Limits the issuance of such licenses to retail food stores located in a city or county that has authorized the sale of alcoholic beverages by local option election. (S: Ketron; H: Lundberg) Senate Status: Senate State & Local Government deferred to 04/19/2011. House Status: House General Subcommittee of State & Local Government deferred to July 4, 2012.
SB 0317 Ketron HB 0559 Lundberg	Sale of wine at certain grocery stores. Permits the issuance of licenses to sell wine at retail food stores by the alcoholic beverage commission and shall be referred to as "wine at retail food store license". Permits the licensee to sell ice, drink mixes, glassware, and wine related items. Prohibits the issuing of a license to persons under the age of 21 and persons convicted of a felony involving moral turpitude. Subjects the license to various existing regulations such as annual fees, sales to minors, verification of age through photo id, license issuance, termination, renewal, and suspension. (S: Ketron; H: Lundberg) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0318 Ketron HB 0560 Lundberg	Referendum on sale of wine at grocery stores. Provides deadlines for placing referenda concerning the sale of wine in retail food stores on the ballot of local elections and the format it must conform to on the ballot. Creates a license for the sale of wine in retail food stores as well as ice, drink mixes, glassware, and wine related items in counties that have approved the sale of wine in retail food stores by local option election. Requires that all license holders adhere to existing law concerning the sale of alcohol such as age and identification requirements, annual fees, issuance, renewal, and suspension. Exempts a licensee from specific provisions regulating the licensing of corporations for failure of their stockholders to meet certain requirements, persons with landlords and other agents who appear to be sharing in profits, and specific building and entrance requirements. (S: Ketron; H: Lundberg) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0319 Ketron HB 0561 Lundberg	Sale of wine at grocery stores. Creates a class of licenses that allow the sale of wine at retail food stores. Licenses may only be issued to retail food stores located in counties or municipalities that have authorized the sale of alcoholic beverages by local option election. Requires person applying for such license to be at least 21 years of age and not convicted of a certain felony. Requires person purchasing wine at such stores to present photo identification. Allows such stores to also sell certain items related to wine. (S: Ketron; H: Lundberg) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0320 Ketron HB 0562 Lundberg	Allows retail package stores to sell certain items. Allows retail package stores to sell ice, soft drinks and fruit drinks, mixes normally associated with alcoholic beverages, glassware, and corkscrews and other wine-related items, in addition to alcoholic beverages. (S: Ketron; H: Lundberg) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0321 Ketron HB 0989 Todd	New licensing structure for restaurants. Directs the commission of alcoholic beverages to develop a license structure for all restaurants and limited service restaurants using ISO comprehensive general liability codes which categorize restaurants based on their annual receipt of food and alcohol. Requires the commission to inform those seeking license renewal that it will be based on the code assigned. Prohibits the commission from renewing licenses for establishments with gross food sales under 15 percent. (S: Ketron; H: Todd) Amendment: Senate State and Local amendment 1 requires the Alcoholic Beverage Commission (ABC) to develop by January 1, 2012, and implement by July 1, 2012, a license structure for all restaurants and limited service restaurants using ISO comprehensive general liability codes. Senate Status: Re-referred 05/05/2011 to Senate Calendar Committee. House Status: House General Subcommittee of State & Local Government deferred to 2012.
SB 0322 Ketron HB 0563 Lundberg	Sale of wine in stores in on-premises consumption areas. Allows the sale of wine only in retail food stores where sales of alcoholic beverages for on-premises consumption has been approved. Requires customer to present photo identification to purchase such wine. Allows the store to sell certain items related to wine. (S: Ketron; H: Lundberg) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0355 Norris HB 1787 McManus Public Chapter (PDF)	Shelby county metal museum permitted to sell alcohol. Permits the National Ornamental Metal Museum in Shelby county to sell alcoholic beverages for consumption on the premises. (S: Norris; H: McManus) Senate Status: Senate 03/09/2011 passed. House Status: House passed 04/11/2011. Other Status: Enacted as Public Chapter 0110 (effective 04/25/2011).
SB 0490 Ketron HB 0613 Williams K. Public Chapter (PDF)	Woodlake Golf Club - selling of alcoholic beverages Allows the Woodlake Golf Club to sell alcoholic beverages for consumption on premises. (S: Ketron; H: Williams K.) Senate Status: Senate 03/09/2011 passed. House Status: House passed 04/18/2011. Other Status: Enacted as Public Chapter 0136 (effective 05/02/2011).
SB 0512 Faulk HB 0553 Lundberg	Commission must suspend or revoke on certain violations. Requires the alcoholic beverage commission to suspend or revoke a license or permit instead of imposing a fine after the third violation within a two-year period on certain offenses, including selling alcoholic beverages to a visibly intoxicated person, selling alcoholic beverages to a minor, buying alcoholic beverages from non-licensed wholesaler, and allowing persons under 18 years of age to serve or sell alcoholic beverages. (S: Faulk; H: Lundberg) Senate Status: Senate State & Local Government deferred to the next meeting. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0626 Ketron HB 0894 Niceley	Exempts certain requirements for obtaining a retail license. Exempts manufacturers from certificate of compliance requirement when applying for retail license. Allows manufacturers to sell certain merchandise, including t-shirts, glassware, hats, and other novelty items that have the manufacturer's name or the name of the manufacturer's product on the item. (S: Ketron; H: Niceley) Amendment: Senate amendment 1 deletes section 2 of the bill which allowed manufacturers licensed for the retail sale of alcohol to also sell merchandise such as hats, t-shirts, glassware, and other novelty items. Senate Status: Re-referred 04/21/2011 to Senate Calendar Committee. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0627 Crowe HB 0892 Niceley	Allows common carriers to transport products within TN. Allows common carriers to accept shipment of and to transport the products of manufacturers to points within the state. (S: Crowe; H: Niceley) Senate Status: Senate State & Local Government deferred to 03/15/2011. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0629 Ketron HB 0893 Niceley	Alcohol sold by manufacturer for consumption on premises. Allows manufacturers to obtain licenses to sell alcoholic beverages for consumption on premises. Requires the manufacturer to only sell such alcoholic beverages manufactured or distilled by the manufacturer. (S: Ketron; H: Niceley) Senate Status: Taken off notice in Senate State & Local Government 03/08/2011. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0730 Tate HB 1338 Camper	Unincorporated areas of Shelby County - sale of alcohol. Permits unincorporated areas in Shelby County to sell alcoholic beverages. (S: Tate; H: Camper) Amendment: Senate amendment 1 deletes section 1 of the original bill. Authorizes the sale of alcoholic beverages in the unincorporated areas of any county having a charter form of government, regardless if the approved referendum being limited to the unincorporated areas of the county. Senate Status: Senate 04/11/2011 passed with amendment 1. House Status: House passed 05/20/2011. Other Status: Sent 05/20/2011 to the speakers for signatures.
SB 0733 Tate HB 1337 Camper	Energy drinks cannot be sold where liquor is served. Prohibits any person from selling an energy drink at a business with a license or permit to serve or sell liquor by the drink. Specifies that a violation is a Class A misdemeanor, punishable only by fine and suspension of an offender's license or permit to serve or sell liquor by the drink. (S: Tate; H: Camper) Senate Status: Referred to Senate State & Local Government. House Status: Taken off notice 04/13/2011 in House General Subcommittee of State & Local Government.
SB 0782 Ketron HB 0593 Tindell	Premier type tourist resort - Perry County facility added. Adds a facility in Perry County which has 95 acres, three log cabins, 20 RV pads and a 40-seat restaurant to the definition of premier type tourist resort for purposes of the sale of alcoholic beverages for on-premises consumption. (S: Ketron; H: Tindell) Amendment: Senate State and Local amendment 1, House State and Local amendment 1 deletes the original bill. Authorizes recreational facilities located at the 72.5 mile marker of the Tennessee River having a restaurant with an indoor seating capacity of at least 30 and an outdoor seating capacity of at least 50 serving meals four days a week and located on or near the 482 mile marker on the Tennessee River having a restaurant with at least 4,200 square feet to sell alcoholic beverages for on premises consumption. Senate State and Local amendment 2 allows a certain privately-owned resort and recreational facility which borders Norris Lake, has at least 145 acres of land, and has a boat dock with a full service marina to sell alcoholic beverages for on premises consumption. Senate Status: Taken off notice in Senate Finance, Ways & Means 05/17/2011. House Status: Withdrawn 05/18/2011 in House.
SB 0783 Ketron HB 0592 Tindell	Premier type tourist resort - Perry County facility. Adds a facility in Perry County which has 95 acres to the definition of premier type tourist resort for purposes of the sale of alcoholic beverages for on-premises consumption. (S: Ketron; H: Tindell) Amendment: House amendment 1 makes clear that the facility is intended to address the specific Buffalo River resort in Perry County. Senate amendment 3 requires the county commission to approve the action before the act would take effect. Senate Status: Senate 05/19/2011 passed with amendment 3, which requires the county commission to approve the action before the act would take effect. House Status: House 05/20/2011 concurred in Senate amendment 3. Other Status: Sent 05/20/2011 to the speakers for signatures.
SB 0930 Norris HB 1086 Maggart Public Chapter (PDF)	Goodlettsville - sale of alcoholic beverages. Permits the city of Goodlettsville to conduct a referendum for the sale of alcoholic beverages at retail package stores in the portion of the city located in Sumner County without affecting the sale of alcoholic beverages in the portion of the city which is located in Davidson County. (S: Norris; H: Maggart) Senate Status: Senate 03/09/2011 passed. House Status: House passed 04/07/2011. Other Status: Enacted as Public Chapter 0116 (effective 04/25/2011).
SB 1030 Ketron HB 0853 Haynes R. Public Chapter (PDF)	Direct shipments of wine. Allows direct shipper to ship wine to any address in the state, regardless of any local option referendum. (S: Ketron; H: Haynes R.) Senate Status: Senate 03/28/2011 passed. House Status: House passed 05/04/2011. Other Status: Enacted as Public Chapter 0213 (effective 05/20/2011).
SB 1037 Ketron HB 0969 Curtiss Public Chapter (PDF)	Sale of beer on Sunday. Applies the hours for the sale of beer on Sunday to the area of the county outside of a municipality that adopts liquor-by-the-drink in a referendum. Does not apply if the county legislative body by a 2/3 vote has already set the hours for the sale of beer on Sunday in areas outside such municipality. (S: Ketron; H: Curtiss) Senate Status: Senate 05/02/2011 passed. House Status: House passed 03/21/2011. Other Status: Enacted as Public Chapter 0231 (effective 05/20/2011).
SB 1038 Ketron HB 1171 Ramsey B.	Residency requirements changes for retailer's license. Allows a retailer's license to be issued to persons who have been a resident for one year before application or a resident for at least five years within any time period. Specifies that such residency requirements do not apply if next of kin take over the license in the event of the original licensee's death. (S: Ketron; H: Ramsey B.) Senate Status: Taken off notice in Senate State & Local Government 05/10/2011. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1224 Overbey HB 0986 Todd	Residency of retail alcoholic beverage licenses applicants. Allows retail alcoholic beverage licenses to be licensed to individual or corporation applicants and stocks of such businesses to persons who have been a resident for one preceding year or a resident for five years in the past, instead of two preceding years or a resident for ten years in the past. (S: Overbey; H: Todd) Amendment: House amendment 1 deletes the language of the original bill. Authorizes a licensed wholesaler, holding a basic permit under the Federal Alcohol Administration Act as an importer, to import alcoholic beverages and wine under certain enumerated circumstances. Requires non-resident sellers to obtain an importer or broker permit. Senate amendment 3 defines high alcohol beer. Authorizes the manufacture of high alcohol content beer within the boundaries of a municipality if both retail package sales and consumption of alcoholic beverages on the premises have been approved through voter referendum of voters within the municipality and county. Allows such retailers to sell high alcohol and regular beer for on or off premises consumption. Specifies that the hours and days on which such beverages may be sold by such retailer shall be set by the local government in which the manufacturer/retailer is located. Specifies that such retailers may sell no more than five gallons of beer or high alcohol content beer or any combination of beverages to any one individual per visit to the premises. Authorizes any entity holding a license to manufacture high alcohol content beer to also obtain a license as a restaurant or a limited service restaurant located on the premises of the manufacturer. Senate Status: Senate 05/20/2011 passed with amendment 3. House Status: House 05/21/2011 concurred in Senate amendment 3. Other Status: Sent 05/21/2011 to the speakers for signatures.
SB 1235 Yager HB 0987 Todd	Licensed Federal Alcohol Administration Act wholesalers. Allows a licensed wholesaler holding a basic permit under the Federal Alcohol Administration Act as an importer to import alcoholic beverages and wine under certain circumstances. Permits a licensed wholesaler to deliver alcoholic beverages and wine by common carrier to a retailer only in quantities up to five gallons or less. (S: Yager; H: Todd) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1240 Yager HB 1441 Maggart	Definition of intoxicating liquors. Clarifies that the definition of "intoxicating liquors" does not include the manufacture of any beverage with alcohol content by weight of five percent or less. Broadly captioned. (S: Yager; H: Maggart) Senate Status: Taken off notice in Senate State & Local Government 03/01/2011. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1273 Ketron HB 0985 Todd	Alcohol for consumption in unincorporated areas after vote. Authorizes alcoholic beverages for consumption on the premises in unincorporated areas of a county if the unincorporated areas vote to authorize it in a certain election. (S: Ketron; H: Todd) Amendment: HOUSE AMENDMENT 1 authorizes a special occasion license to be issued for events in the unincorporated areas of any county having at least one municipality which has authorized the sale of alcoholic beverages. Authorizes the Dogwood Performance Pavilion in Cookeville, the Paramount Center for the Arts in Sullivan County, and The Point Restaurant in Jefferson County to sell alcoholic beverages for on-premises consumption. Authorizes a special occasion license to be issued to a charitable organization supporting women and children in Williamson County. Authorizes a special occasion license to be issued for the Franklin Wine Festival in Williamson County. Authorizes the sale of alcoholic beverages for on-premises consumption at a restaurant within a Tennessee River Resort District with an indoor seating capacity of at least 40 people and an outdoor seating capacity of at least 75 people. Authorizes an election to determine the sale of alcoholic beverages for on-premises consumption upon adoption of a resolution by a two-thirds vote of a local legislative body. SENATE AMENDMENT 2 authorizes the sale of alcoholic beverages in the unincorporated areas of any county having approved the sale of alcoholic beverages for on-premises consumption by local option election in a county-wide referendum. SENATE AMENDMENT 3 makes a technical correction. Senate Status: Senate 05/20/2011 passed with amendment 2 and 3. Senate amendment 2 authorizes the sale of alcoholic beverages in the unincorporated areas of any county having approved the sale of alcoholic beverages for on-premises consumption by local option election in a county-wide referendum. Senate amendment 3 makes a technical correction. House Status: House 05/21/2011 concurred in Senate amendments 2 and 3. Other Status: Sent 05/21/2011 to the speakers for signatures.
SB 1274 Ketron HB 0988 Todd	On-premises consumption licenses of alcohol manufacturers. Allows a manufacturer of intoxicating liquors or drinks in certain areas to be issued a license by the alcoholic beverage commission for on-premises consumption of the liquors or drinks produced at the licensed facility. (S: Ketron; H: Todd) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1275 Ketron HB 0797 Tindell	Relix Variety Theatre permitted to sell alcohol. Revises the definition of historic performing arts center to permit the sale of alcoholic beverages and wine at the Relix Variety Theatre located in the downtown north redevelopment zone of Knoxville. (S: Ketron; H: Tindell) Senate Status: Referred to Senate State & Local Government. House Status: Taken off notice 03/30/2011 in House General Subcommittee of State & Local Government.
SB 1276 Ketron HB 1658 Tindell	Relix Variety Theatre permitted to sell alcohol. Revises the definition of historic performing arts center to permit the sale of alcoholic beverages and wine at the Relix Variety Theatre located in the downtown north redevelopment zone of Knoxville. (S: Ketron; H: Tindell) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1303 Johnson J. HB 1346 Casada	Selling and transporting of wines by winery. Allows a winery to sell and transport up to 3,000 cases of wine in a calendar year to restaurants and hotels licensed to serve wine for on-premises consumption. (S: Johnson J.; H: Casada) Senate Status: Referred to Senate State & Local Government. House Status: House General Subcommittee of State & Local Government deferred to 2012.
SB 1459 Overbey HB 1573 Swann	Serving of alcohol on Blackberry Farm property. Clarifies that alcoholic beverages may be served in any structure, location, open air or dining facility located on Blackberry Farm property. (S: Overbey; H: Swann) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1493 Marrero HB 1916 Stewart M.	Compensation for members of alcoholic beverage commission. Authorizes the alcoholic beverage commission to assess the actual and reasonable costs of any hearing in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized by the commission. Requires the commissioner to promulgate rules and regulations establishing a schedule of costs that may be assessed. Requires that all costs assessed must become final 30 days after the date of fine order of assessment is served. Allows the commission to apply to the appropriate court for a judgment and seek execution of the judgment if the individual or entity disciplined fails to pay an assessment when it becomes final. Requires jurisdiction for recovery costs to be in the chancery court of Davidson County. (S: Marrero; H: Stewart M.) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1563 Ketron HB 1485 Armstrong	Knox County theater to sell alcoholic beverages. Allows all-digital, 8-auditorium theater in Knox County with one auditorium that is restricted to 21 and up to sell alcoholic beverages for consumption on premises. (S: Ketron; H: Armstrong) House Co-Sponsors: Haynes R.; Tindell Senate Status: Senate State & Local Government deferred to 04/19/2011. House Status: Taken off notice 04/13/2011 in House General Subcommittee of State & Local Government.
SB 1564 Ketron HB 1488 Armstrong	Knox County theater to sell alcoholic beverages. Allows all-digital, 8-auditorium theater in Knox County with one auditorium that is restricted to 21 and up to sell alcoholic beverages for consumption on premises. (S: Ketron; H: Armstrong) House Co-Sponsors: Haynes R.; Tindell Senate Status: Senate State & Local Government deferred to 04/19/2011. House Status: Taken off notice 04/13/2011 in House General Subcommittee of State & Local Government.
SB 1748 Ketron HB 1748 Todd	Premier type tourist resort - alcohol consumption. Adds a certain horse stable with space to hold up to 220 horses which has on its property a restaurant to the definition of premier type tourist resort for purposes of the sale of alcoholic beverages for on- premises consumption. (S: Ketron; H: Todd) Amendment: House amendment 1 rewrites the bill. Authorizes the East Fork Stables in Fentress County to sell alcoholic beverages for on-premises consumption. Senate amendment 2 authorizes a recreational facility located on or near the 482-mile marker on the Tennessee River having a restaurant with at least 42,000 square feet to sell alcoholic beverages for on-premises consumption. Senate Status: Senate 05/20/2011 passed with amendment 2. Senate amendment 2 authorizes a recreational facility located on or near the 482-mile marker on the Tennessee River having a restaurant with at least 42,000 square feet to sell alcoholic beverages for on-premises consumption. House Status: House 05/21/2011 concurred in Senate amendment 2. Other Status: Sent 05/21/2011 to the speakers for signatures.
SB 1750 Ketron HB 0904 Niceley	TN Farm Winery Law. Allows for the issuance of a Tennessee winery retailer license to food retail stores selling food and food products, fresh produce, and uncooked, non-processed butchered meat for off premises consumption that are located in any county or municipality where the sale of beer has been authorized. Requires a $350 application fee and $150 license fee be paid before a license is issued. Adopts general laws concerning the sale of alcohol such as, prohibiting the sale of alcohol to intoxicated persons or minors and requiring verification of photo identification. Authorizes the commissioner to promulgate any rules and regulations necessary to govern the sale and transportation of wine. (S: Ketron; H: Niceley) Senate Status: Referred to Senate State & Local Government. House Status: Taken off notice 04/13/2011 in House General Subcommittee of State & Local Government.
SB 1752 Ketron HB 1635 Casada	Blount County - premier type tourist resort. Adds "rock climbing facility" to the list of acceptable sporting facilities within the recreational area of Laurel Valley Golf Course, an existing Blount County premier tourist resort facility authorized to serve liquor-by-the-drink. (S: Ketron; H: Casada) Senate Status: Referred to Senate State & Local Government. House Status: House General Subcommittee of State & Local Government deferred to 2012.
SB 1753 Ketron HB 1892 Johnson C.	Beer up to 12 percent alcohol & allows some stores to sell. Redefines beer to include beverages with up to 12 percent alcoholic content. Allows retail package stores in connection with wholesale businesses to sell beer. (S: Ketron; H: Johnson C.) Senate Status: Senate State & Local Government deferred to 04/19/2011. House Status: Referred to House General Subcommittee of State & Local Government.
SB 1767 Ketron HB 0227 Todd	Alters Tennessee River resort district restaurants. Defines a restaurant located in a jurisdiction that has elected Tennessee River resort district status as having an inside capacity of at least 40 and outside seating capacity of at least 75. (S: Ketron; H: Todd) Senate Status: Referred to Senate State & Local Government. House Status: Taken off notice 02/16/2011 in House General Subcommittee of State & Local Government.
SB 1772 Ketron HB 2035 Carr	Cocke County - location of distilleries. Adds Cocke County to those counties where it is lawful to manufacture intoxicating liquors or drinks without conducting an additional referendum if within the boundaries of the county both retail package sales and liquor-by- the-drink have been approved through voter referendum. (S: Ketron; H: Carr) Senate Status: Taken off notice in Senate Finance, Ways & Means 05/17/2011. House Status: House 05/20/2011 recalled from Senate.
SB 1792 Yager HB 0736 Casada	Satellite locations for wineries. Allows a Tennessee licensed winery to conduct business at no more than two additional satellite facilities. Requires winery to obtain a satellite permit for each facility in order to serve complimentary samples and to sell wine. Also requires winery to pay a satellite permit fee of $150 per satellite location. (S: Yager; H: Casada) Senate Co-Sponsor: Johnson J. Senate Status: Senate State & Local Government deferred to 2012. House Status: House State & Local Government bumped from consent calendar.
SB 1832 Herron HB 2058 Fitzhugh	Prohibits sale or manufacture of caffeinated alcohol drinks. Creates a Class A misdemeanor offense for the manufacture, sale, offer for sale, advertisement, or distribution of any caffeinated alcohol drinks. (S: Herron; H: Fitzhugh) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 2017 Stewart E. HB 1046 Matheny	Creation of a winemaking on premises facility license. Allows a winemaking on premise facility to be issued a license for a business located in a jurisdiction where the establishment of a winery is permitted. Requires an applicant for such licensure to submit a verified, written application to the alcoholic beverage commission. Prohibits a license holder from personally manufacturing wine that is not intended for the personal use of the license holder on the premise of the wine making facility except for wine produced in the process of testing equipment or recipes and producing samples to be distributed. Allows a licensed winemaking on premises facility to serve wine that is produced on the premises of the facility without charge as complimentary samples for tasting at the facility. Requires each applicant for a winemaking on premises facility license to pay the commission a one-time, nonrefundable fee in an amount to be determined by the commission. Lists specific items such facility is allowed to sell on its premises. Requires the commissioner of agriculture to establish reasonable procedures requiring proper sanitary conditions on premises of such facility. Requires any person or corporation transporting any alcoholic beverages or wine within or into TN to bear the burden of proof that the taxes imposed have been paid; however, in the case of wine that is manufactures at a winemaking on premises facility, no such taxes are due. (S: Stewart E.; H: Matheny) Senate Status: Senate 05/21/2011 passed. House Status: House passed 05/19/2011. Other Status: Sent 05/21/2011 to the speakers for signatures.
CAMPAIGNS & LOBBYING
SB 0272 Berke HB 0348 McDonald	Corporation's contributions to political candidates. Requires corporations to file statement of contributions and expenditures when using corporate funds to aid in either the election or defeat of any political candidate. Requires the statement of contributions and expenditures to include specific language and list several items, including shareholder and officer information and employed lobbyists, (S: Berke; H: McDonald) Senate Status: Taken off notice in Senate State & Local Government 04/26/2011. House Status: Failed 04/13/2011 in House General Subcommittee of State & Local Government.
SB 0348 Haynes J. HB 0817 Turner M.	Contribution limits from multicandidate PACs. Limits to $109,100 the total amount of money that a PAC, excluding party and caucus PACs, can contribute to all candidates and to other PACs. Specifies that no more than $43,000 of that amount may be given to candidates and that no more than $66,100 of that amount may be given to other PACs. Requires all campaign contribution limits to be adjusted every two years to reflect changes in the CPI, beginning in 2013. Requires multicandidate political campaign committee to certify names and addresses of any person who makes decisions about the committee's contributions and expenditures. (S: Haynes J.; H: Turner M.) Senate Status: Referred to Senate State & Local Government. House Status: Referred to House General Subcommittee of State & Local Government.
SB 0573 Berke HB 0364 Pitts	Contribution and expenditure statements. Requires each single candidate political campaign committee, single measure political campaign or multicandidate political campaign committee, within 14 days of making an expenditure or receiving a contribution, to file a statement with the registry of election finance. Requires such candidate or political committee to file semi-annual statements by January 31 and July 15 stating that no contributions have been received and no expenditures have been made, if that is the case. (S: Berke; H: Pitts) Senate Status: Taken off notice in Senate State & Local Government 04/26/2011. House Status: Failed 04/13/2011 in House General Subcommittee of State & Local Government.
CRIMINAL LAW
SB 0093 Marrero HB 0066 Hardaway	Retailer to verify ID for credit and debit card purchases. Creates an offense for a person employed by a retailer to knowingly fail to verify the identification of a person who presents a debit card or credit card for payment of goods and services. Specifies that the first offense is a Class C misdemeanor punishable by a fine of $50.00. Specifies that second and subsequent offenses is a Class B misdemeanor. Broadly captioned. (S: Marrero; H: Hardaway) Senate Status: Referred to Senate Commerce, Labor & Agriculture. House Status: Caption bill held on House clerk's desk.
EDUCATION
SB 2058 Ford O. HB 0106 Hardaway	HOPE scholarship: change in continuing eligibility. Changes the requirements concerning students receiving the Tennessee HOPE scholarship to keeping good standing as defined by the particular postsecondary institution and continuing to meet all nonacademic requirements for the scholarship. Makes changes to initial eligibility requirements to conform to the continuing eligibility requirements. (S: Ford O.; H: Hardaway) Senate Status: Senate Education Lottery Subcommittee taken off notice. House Status: Taken off notice 04/13/2011 in House General Subcommittee of Education.
GOVERNMENT ORGANIZATION
SB 0174 Watson B. HB 0260 Cobb J.	Sunset - extends the alcoholic beverage commission. Extends the alcoholic beverage commission to June 30, 2013. (S: Watson B.; H: Cobb J.) Senate Status: Senate 05/11/2011 passed. House Status: House passed 03/21/2011. Other Status: Signed by governor 05/23/2011.
PROPERTY & HOUSING
SB 0088 Ketron HB 0126 Sargent	Zoning boards of appeals: records requirements. Requires zoning boards of appeals to make findings of fact, statements of material evidence, and statements of reasons for their actions as part of each motion or action and keep a public record of their resolutions, transactions, motions, actions, and determinations. (S: Ketron; H: Sargent) House Co-Sponsor: Elam Amendment: Senate amendment 1 deletes the original bill. Authorizes the supplemental rules of procedure for county or municipal zoning appeals to include maintenance of a record of the zoning board's actions, the election from its membership of a chair and other officers, and findings of fact and statements of material evidence on each motion or action before the board. Senate Status: Senate 05/02/2011 passed with amendment 1. House Status: House passed 05/16/2011. Other Status: Sent to governor 05/18/2011.
TAXES PROPERTY
SB 1560 Ketron HB 1282 Harrison	Payment of property taxes required for license issuance. Requires taxpayer to show evidence of payment of personal property taxes prior to issuance or renewal of a business license. (S: Ketron; H: Harrison) Senate Status: Referred to Senate Finance, Ways & Means. House Status: House Commerce deferred to 2012.
TAXES SALES
SB 0592 Finney L. HB 0313 Fitzhugh	TN small business sales tax holiday program. Institutes Tennessee small business sales tax holiday program. Prohibits the total amount refunded in connection with any one TN small business from exceeding $5,000. Prohibits purchases made using cash from receiving the refund. Requires a TN small business to file a single application with the department on or before August 31, 2012. Requires the department to develop guidelines and post such information on the department's website. Allows the department to asses a civil penalty not to exceed $25,000 against any person that knowingly files a false or fraudulent application for refund. (S: Finney L.; H: Fitzhugh) Senate Status: Senate Finance Tax Subcommittee returned to Senate Finance with unfavorable recommendation. House Status: House General Subcommittee of Finance deferred to 2012.
SB 0601 Gresham HB 0280 Dennis	Repeal of TN River Resort District status. Allows a city or county to repeal its Tennessee River Resort District status by two-thirds vote of legislative body of jurisdiction. (S: Gresham; H: Dennis) Senate Status: Senate 05/21/2011 passed. House Status: House passed 05/21/2011. Other Status: Sent 05/21/2011 to the speakers for signatures.
SB 1188 Woodson HB 1493 McDaniel	Tax collection on mixed drinks or setups for mixed drinks. Directs the commissioner of revenue to explore the possibility of developing an on-line filing system which would permit the automatic deduction from the collector's business account for the payment of the tax due on sales of mixed drinks and setups upon the filing of the monthly statement by the collector where the collector has supplied the commissioner with the collector's bank account number, the bank transit routing symbols and number and an authorized signature as filed with the payee bank. (S: Woodson; H: McDaniel) Senate Co-Sponsor: McNally House Co-Sponsor: Sargent Senate Status: Taken off notice in Senate Finance, Ways & Means 05/17/2011. House Status: Referred to House General Subcommittee of Finance.
SB 2015 Stewart E.	Removes state sales tax on food. Exempts sale of food and food ingredients, except prepared food, alcoholic beverages, candy, dietary supplements, and tobacco, from state sales tax beginning January 1, 2012. (S: Stewart E.) Senate Status: Referred to Senate Finance Tax Subcommittee.
TRANSPORTATION VEHICLES
SB 0036 Faulk HB 0050 Lundberg	Passenger in car cannot have an open container of alcohol. Creates a Class C misdemeanor, punishable by a fine of 50 dollars, when a person has an open container of alcohol within the passenger area of a motor vehicle on the public highway. (S: Faulk; H: Lundberg) Senate Status: Senate Judiciary deferred to 03/22/2011. House Status: Taken off notice 03/30/2011 in House General Subcommittee of State & Local Government.
SB 0056 Beavers HB 1016 Lundberg	Open container. Prohibits both the driver and passenger of a motor vehicle from consuming an alcoholic beverage or possessing an open alcoholic beverage container within the passenger area. (S: Beavers; H: Lundberg) Amendment: Senate Judiciary Committee amendment 1 deletes definition of "alcoholic beverage" and replaces it with a reference to a definition in existing code. Deletes language in the original bill stating that a driver is not considered in possession of an open alcohol container if the driver cannot access the container while driving. Senate Status: Senate Judiciary deferred to 04/12/2011. House Status: Referred to House General Subcommittee of State & Local Government.

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