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Brentwood City Commission Agenda

Meeting Date:	07/23/2018
Resolution 2018-60 to Opt in to TABC Extended Hours for Alcohol Sale
Submitted by:	Kristen Corn, Legal
Department:	Legal

Information

Subject

Resolution 2018-60 to Rescind Resolution 2001-44 and to Opt in to TABC Extended Hours for Alcohol Sale

Background

In establishments that are licensed by the State to sell wine or liquor for on-premises consumption, Tennessee law provides that beer may be sold during the same hours that wine and liquor sales are allowed. The law allows on-premises licensees to serve wine and liquor from 8:00 a.m. to 3:00 a.m. every day except Sunday. Sunday sales may begin at 10:00 a.m. pursuant to a rule adopted by the Tennessee Alcoholic Beverage Commission (TABC), although cities may opt out of the TABC rule. In 2001, the City adopted Resolution 2001-44, opting out of the TABC rule, meaning that no sales of alcoholic beverages are to occur in Brentwood between 3:00 a.m. and noon on Sunday.

The Tennessee General Assembly recently amended state law to allow for the sale of retail wine and liquor on Sundays. Effective April 2018, retail package stores are permitted to sell alcoholic beverages on Sundays beginning at 10:00 a.m. In January 2019, retail food stores (grocery stores) licensed by the state will be allowed to sell wine on Sundays beginning at 10:00 a.m.

Due to this change in state law, staff recommends opting in to the TABC's extended hours for on premises sales of alcoholic beverages and beer. Staff feels that this proposed change would eliminate confusion and maintain consistency between the state law and City ordinances. If the Board of Commissioners adopts Resolution 2018-60, those establishments with State-issued on-premises liquor licenses will be permitted to serve wine and liquor from 8:00 a.m. to 3:00 a.m. every day except Sunday. Sunday sales will be permitted at 10:00 a.m.

Please advise the City Attorney if you have any questions.

Staff Recommendation

Staff recommends the adoption of Resolution 2018-60 to rescind Resolution 2001-44 and Opt In to the TABC extended hours for on premises alcohol sales.

Previous Commission Action

The Board of Commissioners previously adopted Resolution 2001-44 on August 27, 2001.

Fiscal Impact

Attachments
Resolution 2018-60
Signed Resolution