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1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0091 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 September 1989 89-113 ALCOHOL: Beer: By-the-Drink: Licenses: Liquor: Permits: Regulations: State law does not prohibit the practice of brown bagging in municipalities which have approved liquor by the drink by local referendum; a municipality which has approved the sale of liquor by the drink may not enact a city ordinance which prohibits the practice of brown bagging, those businesses which have either a state issued liquor license or both a state issued liquor license and a local beer permit.may not be regulated by such a city ordinance; a municipality may, however, prohibit brown bagging on the premises of businesses which have only a beer permit issued pursuant to T.C.A. S§57-4-104 and -105; ordinance §5-24(6) of the City of Jackson may prohibit brown bagging on the premises of businesses holding only a local beer permit, but is invalid on prohibiting brown bagging on premises of businesses holding a state liquor license and on its exemption of mixing bars. T.C.A. §57-3-106, §§57-4-101, -103, -104, -105, -203, S§57-5-104, -105, §67-4-410; 1909 Tenn. Priv. Acts 407, 1975 Tenn. Pub. Acts 277; Ops. Tenn. Atty. Gen. 83-258 (July 15, 1983), 86-155 'August 26, 1986). 89-116 ATTORNEY GENKRAL AND REPORTER: The indicted State Election Cornissioner is subject to an ouster action pursuant tr, T.C.A. S§8-47-101 etseg. based upon the underlying acts with which he is charged if those acts constitute grounds for ouster under the statute; upon conviction and sentencing to a penitentiary, the individual automatically loses his office pursuant to T.C.A. §8-48-101(6) and S40-20-114. T.C.A. §2-10-103, S§2-11-101 et seg., -104, §§8-47-101 etA-g. -102, -103, -109, -113, -114, -115, -116, -120, -123, -124, -126. §8-48-101, §40-20-114; Ops. Tenn. Atty. Gen. March 2, 1977, u79-073 (March 22, 1979), u82-163 (July 28, 1982).

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