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1988 Tennessee Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagtn0073 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 MARCH 1988 88-68 ADVERTISING: Senate Bill 1471, does not violate the lennessee Constitution by authorizing an extension of the State's credit to a private entity, as the express purpose of the legislation is to benefit the general traveling public. Tenn. Const. Art II, §31. 88-48 ALCOHOL, By-the-Drink: Liquor: Local Options: It is not constitutionally permissible to expressly exempt the city of East Ridge from the provisions of T.C.A. S§57-4-101, at zq, to allow a local option election on whether or not to permit liquor by the drink only within a restricted area rather than within the entire municipality. Tenn. Const. Art XI, S8; T.C.A. SS57-4-101, at aq, -103, -106. 88-49 ALCOHOL. Beer: Permits: Detrimental reliance is a possible ground for exemption from the 1500-foot rule; however, under the present circumstances such an exemption by the Cheatham County Beer Board would not be valid. T.C.A. S57-5-105. 88-57 ALCOHOL: Alcoholic Beverage Commission: Beer: By-the-Drink: Liquor: Permits: Regulations: A hotel which has a beer license can provide complimentary beer to its registered guests in their rooms subject to local restriction; however, a hotel which does not have a license to sell liquor either by retail package sales or by the drink cannot provide complimentary liquor to its registered guests in their rooms. T.C.A. 5557-2-101, at aag, 57-3-101, et. seQ, -201, -203, -204, 57-4-101, at zag, 57-5-101, et aeg, -104, -108, -201, -301. 88-67 ALCOHOL: House Bill 1663 is unconstitutional as it appears to violate the Fourth Amendment to the United States Constitution. T.C.A. S§49-6-2404, -2405, -4201, at gaq. 88-58 ARCHITECTS: Professional liability insurance is not required by law for architects providing services on State projects, but is a contract requirement of the State Building Commission. The State's exposure to liability for design defects would not appear to be any different using a prototypical design than a design resulting from the more conventional process. T.C.A. 562-2-306.

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