|Legal Opinion: |
Text of Document: June 27, 1990
Enclosed is a copy of Thompson v. City of Harriman, 568 S.W.2d (1978), the case I indicated to you on the telephone stands for the proposition that a municipality can permit beer establishments in annexed areas to continue selling beer without jeopardizing its general prohibition against the sale of beer.
In addition, let me say once again, that I believe that the city would probably be wise to:
- provide by ordinance that the general prohibition against the sale of beer continues except for the sale of beer in the annexed area of the city;
- require the establishment to obtain a municipal beer permit under Tennessee Code Annotated, section 57-5-108(c);
- by ordinance establish a set of regulations governing the beer establishment.
I am enclosing a sample set of beer establishment regulations you may want to look at in connection with the third item. Of course, because the sale of beer is going to be permitted in only one establishment in the annexed area, many of the regulations will not apply. They can be tailored to local need and convenience.
If I can help you further in this or any other matter, please let me know.
Sidney D. Hemsley