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Resolution to Remove the Municipality from the Application of Mandatory Allowance of the Manufacture of Alcoholic Beverages

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Reviewed Date: May 16, 2017

Original Author: 
Jones, Josh
Date of Material: 
Jul 9, 2013


Subjects:
Alcoholic beverages--Municipal resolutions
Alcoholic beverages--Laws and regulations

Resolution to Remove the Municipality from the Application of Mandatory Allowance of the Manufacture of Alcoholic Beverages

Summary: 
Any city that wishes to ensure that neither a distillery nor high alcohol content beer manufacturer operates within its jurisdiction should take immediate steps to adopt a resolution removing the city from the application of TCA 57-2-103(d). Failure to complete this action prior to the end of the 45-day grace period could result in your city being precluded from exercising its ability to opt out of the law. This 45-day grace period began to toll upon the effective date of the bill, July 1st, making August 15th the final day to remove your city from application.

Knowledgebase-A Resolution to Remove the Municipality from the Application of Mandatory Allowance of the Manufacture of Alcoholic Beverages

RESOLUTION NO. __


A RESOLUTION TO REMOVE THE MUNICIPALITY FROM THE APPLICATION OF MANDATORY ALLOWANCE OF THE MANUFACTURE OF ALCOHOLIC BEVERAGES


WHEREAS, Tennessee Code Annotated, § 57-2-103, makes it lawful to manufacture intoxicating liquors or intoxicating drinks, or both, within the boundaries of certain jurisdictions; and

WHEREAS, Tennessee Code Annotated, § 57-2-103, allows a municipality to adopt a resolution to remove the municipality from the application of such provisions;

WHEREAS, no written notification has been filed with the legislative body of the municipality expressing an intent to pursue all lawful avenues to manufacture intoxicating liquors or intoxicating drinks, or both, within the boundaries of the municipality;

NOW, THEREFORE, BE IT RESOLVED BY THE________ [governing body] OF THE CITY OFTHAT:

SECTION 1. Pursuant to Tennessee Code Annotated, § 57-2-103(d)(3) the [governing body] elects to remove the city/town from the application of Tennessee Code Annotated, § 57-2-103(d). Upon the effective date of this resolution the manufacture of intoxicating liquors or intoxicating drinks, or both, within the boundaries of the City of _________________________ shall not be lawful.

SECTION 2. This Resolution shall take effect on the date of its passage, the public welfare requiring it.




Adopted this __________ day of ________________, 2013.




Attested to:




__________________________ Mayor



__________________________ Recorder

Reference Document(s): 
File Distillery_Opt_Out_Resolution.docx

Attachment(s):
PDF icon Distillery_Opt_Out_Resolution.pdf

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Information written by MTAS staff was based on the law at the time and/or a specific sets of facts. The laws referenced may have changed and/or the technical advice provided 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 posted to this website.