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Brentwood Beer Board Agenda

Meeting Date:	03/09/2020
Submitted by:	Holly Earls, Administration
Department:	Administration

Information

Subject

Beer Law Violation Hearing - Brick's Cafe & Bistro, LLC, 330 Franklin Road, Ste 913

Background

In an operation carried out by the Tennessee Alcoholic Beverage Commission, an underage informant purchased liquor at Brick's Cafe & Bistro, LLC on August 8, 2019. Further, the employee selling the liquor had an expired server permit. The Beer Board was notified by the Tennessee Alcoholic Beverage Commission of the suspension of Brick's TABC license for such violation. Pursuant to Tennessee Code Annotated §57-1-214 and Brentwood Municipal Code §6-62, because the TABC suspended the Brick's Cafe's liquor license, the Brentwood Beer Board may consider whether to suspend the beer permit to the same extent and at least as long as the TABC suspension. In this instance, the TABC suspended Brick's Cafe's liquor license for 30 days.

A summons (copy attached) was served on the manager of Brick's Cafe & Bistro, LLC on January 22, 2020, requiring an appearance before the Beer Board on March 9, 2020 at 7:00 p.m. following the City Commission meeting. A suggested procedural format used in previous Beer Board proceedings is also attached. A questionnaire was returned by the permit holder indicating that the permit holder does wish to contest the charges, but does not contest that the sale in question took place. It also includes documentation showing measures that were in place to prevent the sale of beer to minors and subsequent measures that have been taken to prevent future occurrences.

To supplement the documentation provided to the City, representatives may also make statements to the Beer Board at the March 9 hearing. At the conclusion of the hearing, the Beer Board will then discuss and vote upon the appropriate penalty, if any, to be imposed.

Brick's has had two previous violations. The first violation occurred on February 27, 2018. The Beer Board issued a penalty of a seven-day suspension and required Brick's to post signs alerting its customers of the suspension. As an alternative, Brick's was given the option to pay a $2,000 penalty. Brick's chose to pay the penalty. The second violation occurred on April 4, 2019. The Beer Board issued a penalty of a thirty-day suspension and required Brick's to post signs alerting its customers of the suspension.

In 2002, the Beer Board adopted guidelines for penalties to be imposed when beer permit holders violate the beer laws. Those guidelines are also attached. The guidelines are intended to provide for consistency in the way beer law violations are handled, although the Beer Board has discretion to impose penalties other than those outlined in the guidelines.

Please contact the City Attorney if you have questions about this matter.

Staff recommendation

Attachments
Hearing Format
Summons & Regulatory Citation
Penalty Guidelines
Beer Violations History
Questionnaire - April, 2019
Questionnaire - February, 2020