Knowledgebase-Beer Establishments in Annexed Areas


Information Product

Title:Beer Establishments in Annexed Areas
Summary:MTAS was asked whether a municipality can permit beer establishments in annexed
areas to continue selling beer without jeopardizing its general prohibition against the
sale of beer.
Original Author:Hemsley, Sid
Co-Author:
Product Create Date:07/11/2002
Last Reviewed on::03/22/2010
Subject:Alcoholic beverages; Alcoholic beverages--Laws and regulations; Annexation--Laws and regulations; Beer; Beer--Laws and regulations; Beer--Licenses and permits; Businesses--Laws and regulations
Type:Legal Opinion
Legal Opinion:

Reference Documents:

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.

Yours truly,


Sidney D. Hemsley
Legal Consultant

sdh/

Please remember that these legal opinions were written based on the facts of a given city at a certain time. The laws referenced in any opinion may have changed or may not be applicable to your city or circumstances.

Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.