Prohibiting the Sale of Beer Through Drive-Up Windows
TN Attorney General Opinions
Date: 2010-11-19
Opinion Number: 10-113
In this opinion, the Attorney General distinguishes between Class A counties and Class B counties, cities, and towns. Class A counties have the authority to create beer boards and issue beer permits, but do not have the statutory authority to deny beer permits based solely on the sale of beer through drive-up windows, drive-through service, or curb service. Class B counties also have the authority to create beer boards and issue permits, but they have also been granted broad discretion to regulate, restrict, or prohibit beer sales.
Based on these classifications, the Attorney General concludes that while a Class B county (or municipality) would be able to deny permits to applicants who want to sell beer through drive-up windows, this type of restriction could not be imposed by a Class A county's local beer board rule or decision.
The full opinion is available at:
http://www.tba2.org/tba_files/AG/2010/ag_10_113.pdf
