For Information Purposes Only
Today, Friday, June 27, 2014, Commissioner and staff members of the Tennessee Alcoholic Beverage Commission meet with sponsors and members of the Tennessee General Assembly, their staff and representatives of Tennessee’s retail liquor stores and Tennessee’s food stores in order to discern the legislative intent of PC 554, 2014, the WIGS legislation. After considerable discussion, it was determined and concluded that:
- TCA 57-3-404(e)(2) and TCA 57-3-404(e)(4), as amended in Section 10 of PC 554, 2014, effective July 1, 2014, authorizes an off-premises retailer, licensed pursuant to TCA 57-3-204, (retailer), to begin selling at retail, on Tuesday, July 1, 2014, beer and other malt beverages as well as merchandise and supplies related to special events or parties (as enumerated but not limited to the items noted in the amended TCA 57-3-404(e)(4)), without a requirement of the retailer granting permission to food stores located within 500 feet of the retailer to sell wine.
- Please note that the amended TCA 57-3-404(e)(2) and TCA 57-3-404(e)(4) granting authorizations as noted above in number 1, DO NOT remove prohibitions in any lease an off-premises retailer, licensed pursuant to TCA 57-3-204, may have with their landlord. Generally, restrictive covenants between contracting tenants and landlords are valid and a breach of such restrictive covenant may prompt a civil action by the offended party.
It was further determined that before any off-premises retailer, licensed pursuant to TCA 57-3-204, (retailer), may begin deliveries of alcoholic beverages that such retailers must comply with the requirements regarding transportation of alcoholic beverages within the State of Tennessee as enumerated at TCA 57-3-401 et seq.