The Tennessee Attorney General has issued an opinion on municipal sales of alcohol, and it’s a stiff one.
By Sreejithk2000 (Own work) [Public domain], via Wikimedia Commons
Murfreesboro and Memphis are among the other municipalities who may need to revise their current operations in light of the opinion, according to reports by the Leaf-Chronicle.
To be clear, the party’s not entirely over; alcohol service at city facilities and events may continue, but only through private vendors who have obtained their own proper licensure. It does not, apparently, go without saying that said “private vendor” cannot be a city employee. That’s where Clarksville will have to course-correct, for the opinion makes it plain: “A City employee cannot do that which the City itself is prohibited from doing.”
The Attorney General’s (last) call may come as a disappointment to some cities, but it’s likely not altogether a surprise. The Municipal Technical Advisory Service (MTAS) has over the years maintained a legal opinion on the topic of whether cities can hold beer permits, and it has always been—pretty resoundingly—“No.” See this 2005 Memorandum for the detailed rationale.
