September 12, 2006
Dear City Manager:
I thought I could quickly locate a petition for either package liquor sales or liquor- by-the-drink sales, but I have been unable to do so. Rather than take more time, let me suggest that the form of the petition is generally found in the statutes governing alcoholic beverage sales and elections, as indicated below. I have included a copy of those statutes.
The general form of the petition for either package liquor or liquor-by-the drink is found at Tennessee Code Annotated, § 57-3-106(c). The form of the question for package liquor sales is found in the same form of the petition. However, the form of the question for liquor-by the drink is found in Tennessee Code Annotated, § 57-4-104.
In my view, the best form for the signatures and addresses that are required on the petition is found in Tennessee Code Annotated, § 2-5-151, which actually covers petitions for recall, referendum or initiative. If the originators of the petition follow that statute, I do not think they would have any trouble with the election commission. However, the originators of the petition should clear the petition with the election commission first.
Sidney D. Hemsley
Senior Law Consultant