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1987 Tennessee Attorney General Reports and Opinions 1 (1987)

handle is hein.sag/sagtn0068 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 October 1987 ALCOHOL: Beer: Licenses: Regulation.: As Cheatham County Commission has adopted a rule prohibiting sale of packaged beer within fifteen hundred feet of school or church, they cannot issue license to new owner of establishment previously licensed to sell beer within the fifteen hundred-foot limit. T.C.A. S 57-5-105. 87-167 CHURCHLS: As Cheatham County Commission has adopted a rule prohibiting sale of packaged beer within fifteen hundred feet of schocl or church, they cannot issue license to new owner of establishment previously licensed to sell beer within the fifteen hundred- foot limit. T.C.A. S 57-5-105. 87-167 CLERKS OF COURT: Criminal: Refusal to take breathalyzer test constitutes crime on which normally assessed fees and taxes should be assessed with the excep- tion that criminal injuries compensation fund and handling fees are the same as for any mif demeanor; Clerk must provide notice of trial to defendant and copy of judgement to Department of Saf-cy and suspension provided for may be served consecutively or concurrently with suspension for underlying offense conviction. T.C.A. 55 8-21-401, -901, 40-24-107, 50-10-406, 55-10-306, -406; Ch. 318, 1987 Tenn. Pub. Acts. 87-166 CONSTITUTIONAL LAW, TENNESSEE: The statutory scheme regarding District Attorneys for Fourteenth and Thirty-First Judicial Districts is currently constitutional, but would not be in 1990 when the District Attorney must reside in the district he serves; Tennessee Constitution requires judges to be elected by voters of entire judicial district. Tenn. Const. Art. VI, S 4-5; T.C.A. S 16-2-506. 87-163 CONSTITUTIONAL LAW, TENNESSEE: Separation of Powers: Ch. 39, 1987 Tenn. Pub. Acts prohibits restrospective modification of child support orders to amounts already due upon filing of petition and is not an unconstitutional encroachment by the legislature upon power of judiciary. Tenn. Const. Art. II S 1-2; 42 U.S.C. S 666; T.C.A. S 36-5-101; Ch. 39, 1987 Tenn. Pub. Acts. 87-162

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