Alcoholic Beverage and State Liquor Authority Essay

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Pages: 3
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Chapter 18
State Laws Relating to
Alcoholic Beverage

How a hotel applies for licenses to sell alcoholic beverages Local County Alcoholic Beverage Control Board
The State Liquor Authority
Licensees must usually file a bond in a amount fixed by the State Liquor Authority

The State Liquor Authority issues three types of licenses Beer License
Liquor License, which includes the sales of wine and beer
Wine License, which may or may not include the sale of beer

General Restrictions on Licensees
Removel
Corporate Change
The Employment of Minors
Illegal Sales
The alcoholic beverage control law may also prohibit sales to the following: •

Any visibly intoxicated person

•

Any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages

•

Other designated persond

State Dram Shop Acts
State Dram Shop Acts generally create a statutory, as distinguished from commom law, cause of action in favor of any person who shall be injured in person, property, means of support or otherwise by any intoxicated person, or by reason of the intoxication of any person against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication.

The following elements of the statutory cause of action An unlawful sale
Of liquor or other alcoholic beverages
To an intoxicated person
Which causes injury to another party

Hotel's liabilty under state Dram Shop Acts
The owner may be directly liable to the injured or deceased party or parties for various damages.
The establishments serving liquor should obtain insurance to cover these potentially devastating amouts of recoverable damages.
Food and beverage service staff should regularly be reminded of their responsibilities under the state's
Alcohol Beverage Control Laws ad related Dram Shop
Act.
Establishments should develop service policies regarding when or when not to serve patrons or guests in order to comply with such Dram Shop Laws.

Common Law Liability for Serving Alcoholic
Beverages to Intoxicated Persons
Hours and Premises of
Sale
Books and Records
Important Warning

Seller Liable
Sale of alcoholic beverages
To an intoxicated person
Who causes injury to a third party

Tennessee Alcohol and Drinking Laws
General Regulation
•

The legal drinking age in TN is
21.
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