SB1127 (HB0962) Restaurant bill approved by Sen. Jud.

[Tim Nunan]

[SomeGuy]

Todd may oppose it, but can we not put pressure on the rest of the House to do the right thing?

Perhaps even go after Todd in his district, with a line such as "Like Obama, Curry Todd favors restrictions on guns, all while paying lip service to supporting our rights."

Who knows which local paper runs in his area? I am willing to write a letter to them and have my name published calling Todd out over this.

[johnharris]

Curry Todd's paper is probably the Commercial Appeal (try using www.communistappeal.com)

The thing that makes me want to approach this cautiously is I don't know, what, if any, agreements are worked out "in the smoke filled room" or whether what I am being told is worked out is accurate.

I would place the calls asking for it to be stripped but not doing any "calling out" - yet

[SomeGuy]

I have told all the State Reps who I think will listen to support the Senate version, and ignore attempts to add to it.

[Seminole]

John Harris wrote: "I would place the calls asking for it to be stripped but not doing any "calling out" - yet."

It never hurts to be polite.

[backwoodsman]

i believe they put the restaurant definition in there so as to preclude bars that serve pizza and hamburgers, we all know that, their principal income does not come from those red barron or whatever pizza's,, even at that, wouldn't 51 percent food income substantiate as principal income, there were no percentages mentioned in actuality, so that much is, good, i'd rather see it passed than put off another year or two, just me,, or are there those wanting the right for bar room carry? not tryin to start nothin just askin guys.

[Seminole]

The problem with including the restaurant definition is that, at least as I see it, it would prohibit carrying at places like theatres and concert halls that serve alcohol. For example, I am frequently at performances at the Orpheum Theatre and the Canon Center in downtown Memphis. Both places serve drinks during intermissions. Since neither is a restaurant by this definition, I couldn't legally carry when I go see Opera Memphis or take my daughter to a Ballet Memphis performance, or take my wife to see an Allison Kraus concert. Neither the Orpheum not the Canon Center are bars, so why should I be prohibited from carrying there? This would be much easier if the legislature would just adopt the 50% rule that several other states have.

[David Lewis]

[quote="Seminole"] This would be much easier if the legislature would just adopt the 50% rule that several other states have.[/quote]

You have a very good point about concert venues.

However, even the 50% rule is too complicated.

It's really very simple: Are you consuming alcohol? If so, then you can't carry. Are you carrying? Then you can't consume alcohol.

Period.

No percentages, no calculating, no grey area (i.e., is this a "bar" or a "restaurant", or something completely different).

David

[JayC]

Well, I'm going to let a little cat out of the bag... Virtually every place that is a free standing building and has a liquor license in the state of TN will meet the requirements of SB1127/HB0962... There currently is no 'bar' liquor license in the state of TN, there are restaurant, hotel, special event, and other...

Since most of us aren't interested in special event... we'll ignore that... Other is a huge group and will be somewhat of a problem... Clubs (non profit only), airlines and airline travel clubs, passenger boat, community theater(non-profit), Convention center, historic (interpretive center, mansion house site, performing arts center), Museum, Passenger train, Premiere type tourist resort (Think Dollywood, maybe Opryland Hotel), Urban park center (government owned), and Zoos...

A large chunk of the 'others' can operate in a way as to violate SB1127/HB0962 but largely these are fairly restrictive types of licenses to get.

You have the 'hotel' license... Which according to law must meet the following requirements... ( http://www.state.tn.us/abc/hotelrequire.html )

1. In which fifty (50) or more rooms are used for the sleeping of guests
3. Having one (1) or more public dining rooms with adequate and sanitary kitchen
4. Seating capacity of at least seventy-five (75) at tables.
5. Where meals are regularly served to guests

Seems like most hotels maybe a slight issue, but keep in mind this is only for the hotels which run bars themselves, most places that have a 'named' restaurant on site it will be a seperate business and therefore have a separate 'restaurant' liquor license.

Finally we come to the big one restaurant liquor license, which is virtually every place people go to eat/drink on a regular basis.. This is going to include places that we commonly refer to as bars. Here are the requirements of the license... ( http://www.state.tn.us/abc/lbdrequire.html )

1. A public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served.
3. Supplied with adequate and sanitary kitchen and dining room equipment.
4. Seating capacity of at least seventy-five (75) at tables.
5. Employing a sufficient number and kind of employees to prepare, cook and serve suitable food.
6. Serve at least one (1) meal a day at least four (4) days a week.
7. Serving of meals shall be the principal business conducted

So IANAL but it sure seems to me that the state of TN has verified that any business with a restaurant liquor license meets the requirements of SB1127/HB0962 as currently written... Obviously there is still the question of whether the business cards at the door, or is properly posted... but otherwise if a business has a 'restaurant liquor license' the state of TN has verified that it meets virtually all the requirements of SB1127/HB0962 for us, I'm sure John can probably give us a better legal break down.

So to answer Seminoles question... I think the 'restaurant' definition is a lot less of a problem than many not familiar with liquor licenses would at first glance believe. I agree that most of these requirements should be lifted from our right to carry all together, HCP holders aren't the problem here, we just want the ability to protect ourselves. But as soon as this law goes into effect, most places now off limits will become legal to carry in, and the state as verified most of the fuzzy details for us in the process of issuing the liquor license.