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Brentwood Beer Board Agenda

Meeting Date:	07/22/2019
Submitted by:	Holly Earls, Administration
Department:	Administration

Information

Subject

Beer Law Violation Hearing - Local Taco, 146 Pewitt Drive

Background

In an operation carried out by the Tennessee Alcoholic Beverage Commission, an underage informant purchased beer at Local Taco on April 4, 2019. The Brentwood Beer Board is empowered to take action against the restaurant for violating Tennessee law and/or the Brentwood Municipal Code.

A summons (copy attached) was served on the manager of Local Taco on May 20, 2019, requiring an appearance before the Beer Board on July 22, 2019 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 not wish to contest the charges. 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.

Since Local Taco is not contesting the charges, there is no need for an evidentiary hearing in this matter. To supplement the documentation provided to the City, representatives may also make statements to the Beer Board at the July 22 hearing. At the conclusion of the hearing, the Beer Board will then discuss and vote upon the appropriate penalty, if any, to be imposed.

For the sale of beer to a minor at this location, the Beer Board may suspend the beer permit. (If a permit holder has committed at least two violations within a 12-month period, the Beer Board may permanently revoke the beer permit. That is not the case in this matter.) At the time a suspension or revocation is imposed, state law authorizes the Beer Board to offer the permit holder the alternative of paying a civil penalty in lieu of the suspension or revocation. For the offense of selling beer to a minor, the civil penalty may not exceed $2,500. If a civil penalty is offered as an alternative, a permit holder must pay the penalty within seven days; otherwise, the suspension or revocation will go into effect.

Local Taco had a previous violation on February 27, 2018. The Beer Board issued a penalty of a seven-day suspension and required Local Taco to post signs alerting its customers of the suspension. As an alternative, Local Taco was given the option to pay a $2,000 penalty. Local Taco chose a seven (7) day suspension and posted signs.

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.

Finally, when the sale of beer for on-premises consumption results in a suspension or revocation by a local beer board, state law requires that notification of the beer board's action be sent by certified mail to the Tennessee Alcoholic Beverage Commission (ABC). The ABC may then take further action against the permit holder.

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

Staff recommendation

N/A

Attachments
Hearing Format
Summons & Incident Report
Penalty Guidelines
Beer Violations History
2019 Questionnaire
2018 Questionnaire
Supplement from Local Taco