Attorney General Opinions
Relating to County Government
2007 Alcoholic Beverages
- If not certified as a “responsible vendor” a beer permit holder’s permit may be revoked or suspended if an employee sells beer to a minor; however, if the permit holder is certified as a “responsible vendor,” the clerk is properly certified, and the permit holder neither knew nor should have known of the violation, the permit cannot be suspended or revoked for the clerk’s illegal sale of beer to a minor. Both the permit holder and employee may be charged with and convicted of a Class A misdemeanor for the sale of beer to a minor. A second conviction results in a Class E felony for the permit holder. A permit holder whose permit has been revoked and who also has an intoxicating liquor conviction is not eligible to obtain a beer permit within 10 years of the conviction. If the permit has been “automatically and permanently” revoked due to two convictions for selling beer to a minor, the permit holder is permanently barred from reapplying for a permit. A person between the ages of 18 and 21 may be charged with and convicted of a Class A misdemeanor for possessing or transporting beer, and charged with and convicted of a Class C misdemeanor for purchasing or attempting to purchase beer. A minor under the age of 18 accused of any underage alcohol-related offenses cannot be convicted of a criminal offense, but instead would be adjudged delinquent. Only the beer board (not the secretary or attorney) can impose and set dates for suspensions or revocations of beer permits. A permit holder may obtain review of the beer board’s action by writ of certiorari to a Tennessee trial court with jurisdiction. Opinion No. 07-104 (July 12, 2007).
Return to all Attorney General Opinions Relating to Alcoholic Beverages