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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0097 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 1990 90-31 ALCOHOL: Alcoholic Beverage Commission: Regulations: A solid foodstuff product manufactured with distilled alcohol is not an alcoholic beverage or a beverage as those terms are defined in T.C.A. 557-3-101(a)(1); however, certain liquid foodstuff products might fall within these definitions; a foodstuff product manufactured with distilled alcohol and distributed within the State of Tennessee is not subject to the rules and regulations of the Alcoholic Beverage Commission by operation of T.C.A. S57-3-103(b), unless it is also an alcoholic beverage or a beverage as defined in T.C.A. S57-3-101(a)(1); a business or organization which has been issued a license to manufacture intoxicating liquors by the Department of Revenue pursuant to Chapter 2 of Title 57 of the Tennessee Code Annotated is not necessarily a manufacturer as that term is defined in T.C.A. S57-3-101(a)(10). T.C.A. SS57-2-101 etnsg., -105, SS57-3-101 et ag., -103, S57-4-101 at Ae., S57-5-101 asg., Op. Tenn. Atty. Gen. (November 15, 1982). 90-33 BAWlING: Financial Institutions, Dept. of: The Department of Financial Institutions must make a factual determination on a case-by-case basis in accordance with the statute and any applicable regulations on whether a real estate agent or broker licensed in Tennessee is a mortgage loan broker under the definition contained in the Tennessee Residential Lending, Brokeraje, and Servicing Act of 1988; even if such a person were determined to be a mortgage loan broker, the Department of Financial Institutions must make a factual determination on a case-by-case basis in accordance with the statute and any applicable regulations on whether the person is actively and principally engaged in the business of negotiating loans secured by real property, in order

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