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1987 Tennessee Attorney General Reports and Opinions 1 (1987)

handle is hein.sag/sagtn0065 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE
Published by Authority of Chapter 276,
Public Acts of 1971
July 1987
ALCOHOL: By-the-drink: A municipality located within a
county which previously authorized sale of liquor
for consumption off the premises in a county wide
referendum may not hold a liquor-by-the-drink
referendum unless voters of that municiality have
previously approved off premises consumption of
liquor in a separate referendum held in that muni-
cipality only. T.C.A. SS 57-4-103, -106; Ch. 456,
1987 Tenn. Pub. Acts.                                  87-123
CHILD SEX ABUSE: Reports: The constitutionality of reports
of child sexual abuse concerning the violation of
confidentiality, grant of immunity from civil or
criminal liability, and the failure to report known
or suspected child abuse as a misdemeanor. U.S.
amend. VI, T.C.A. SS 37-1-601, et seq., -612, -613,
-615, 39-1-202.                                        87-111
COMMERCIAL INSTRUMENTS AND TRANSACTIONS: Retail Installment
Sales Act: Exhibitors who occupy booths and make
sales at weekend flea markets on a continuous basis
for a period of years are making sales at such
locations on a less than permanent basis; inde-
pendent contractors who sell merchandise on con-
cession basis to customers within department stores
are not selling on a less than permanent basis;
exemption provided by Section 7, Chapter 406,
Public Acts of 1985 comports with Article II,
Section 8 of Tennessee Constitution and equal pro-
tection clause of 14th Amendment of U.S.
Constitution; tax imposed by T.C.A. 5 6-6-213
comports with commerce clause of Article I,
Section 8 of U.S. Constitution and due process
clause of 14th Amendment. U.S. Const. art. I, S 8,
U.S. Const. amend. 14; Tenn. Const. art. II, S 8;
T.C.A. 55 67-6-101, et sg., -102, -202, -213; Ch.
406, 1985 Tenn. Pub. Acts.                             87-124

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