HB0962 - Restaurant Carry

[Guest djack41]

When does the senate vote? I thought that was supposed to be yesterday as well?

The senate adjourned its floor session before the bill was returned to the senate from the house.

Sen. Jackson (my dad ) will make a motion to adopt the conference committee report as the action of the senate, either Monday or Thursday.

Under senate rules, it is a "privileged" motion which means he can make the motion at any time during any floor session.

The "clean" version received 66 votes (2/3 majority) in the house! It should receive much more than a 2/3 majority vote in the senate. Way veto proof!

[Guest Tucker13]

For those who think it does no good to call or write your representative, here is one who says that is exactly what caused him to vote for something that he himself did not agree with.

To all those who did something, in whatever capacity it was, congratulations on being part of the reason this has come to pass. And considering the difficulty of the opposition in years gone by, that is no small thing to get done.

Please make sure you send a message of thanks afterwards.

[Guest johnnyo]

By Erik Schelzig

The Associated Press

Originally published: May 08. 2009 3:01AM

Last modified: May 07. 2009 11:18PM

NASHVILLE — The House voted Thursday to allow Tennessee handgun carry permit holders to bring their weapons into any establishment that serves alcohol.

The chamber voted 66-23 to approve the bill sponsored by Republican Rep. Curry Todd of Collierville, a retired police officer.

Both Maryville Reps. Joe McCord and Bob Ramsey voted for the bill.

The measure abandons earlier efforts to impose an 11 p.m. to 5 a.m. curfew for carrying handguns where alcohol is served and to keep a total ban on establishments that enforce age-restricted entry.

House Democratic Caucus Chairman Mike Turner of Old Hickory told Todd he had been "a little mischievous" for supporting the time limits when the bill earlier passed in the House, but then quickly abandoned them in a negotiation session with the Senate.

"There's nothing mischievous about this," Todd responded. "I was never ever for the curfew."

Todd said he had only agreed to move the version with the time limits so he would have enough votes to move the measure through committees and to a House vote.

In March, Todd strenuously opposed efforts to strip the curfew from the bill and told reporters he wouldn't vote for a bill without the time limits in it.

But the Senate passed the proposal without the restrictions, and the House negotiating panel led by Todd agreed to that version last week. Todd told the chamber Thursday he considered the changes "minor."

Proponents of the curfew said they wanted handgun carry rights to extend to family restaurants that also happen to serve alcohol. The 11 p.m. curfew was meant to differentiate those restaurants from bars, since Tennessee law doesn't make an official distinction between the two.

State restaurant and police chiefs associations oppose allowing guns in bars, though Todd argued that law enforcement groups did not actively voice their concerns to him this year.

The Senate would have to agree with the House version before it can head for Gov. Phil Bredesen's consideration, but it appears likely to pass since the agreement largely reflects the measure originally approved on a 26-7 vote last month.

The Democratic governor has not said whether he would sign it into law.

The bill would take effect June 1. The measure would leave unchanged an existing ban on consuming alcohol while carrying a handgun, and restaurant owners would still be able to ban weapons from being carried in their establishments.

source: House votes to allow guns in bars

[Fallguy]

Sen. Jackson (my dad )

Ah....well that answers that... Thought you may have been Sen Jackson there for a while.

Hope you saw my clarification on an earlier statement I made.....and I appreciate all your father's work.

Edited May 8, 2009 by Fallguy

[Volzfan]

Ah....well that answers that... Thought you may have Sen Jackson there for a while.

.....and I appreciate all your father's work.

That goes for me too!

[Guest db99wj]

The senate adjourned its floor session before the bill was returned to the senate from the house.

Sen. Jackson (my dad ) will make a motion to adopt the conference committee report as the action of the senate, either Monday or Thursday.

Under senate rules, it is a "privileged" motion which means he can make the motion at any time during any floor session.

The "clean" version received 66 votes (2/3 majority) in the house! It should receive much more than a 2/3 majority vote in the senate. Way veto proof!

Ah....well that answers that... Thought you may have been Sen Jackson there for a while.

Hope you saw my clarification on an earlier statement I made.....and I appreciate all your father's work.

That goes for me too!

Yep. I was thinking it!

Yes, thank your father for us.

Anybody have a list of names and email addresses that we should send a word of thank you too? I have sent a few specific folks emails, but would like to make sure I get good list of all that fought for this, that stood up for this.

[Guest pws_smokeyjones]

Ah....well that answers that... Thought you may have been Sen Jackson there for a while.

Hope you saw my clarification on an earlier statement I made.....and I appreciate all your father's work.

I am guilty as well. Sen. Jackson must think I am a nut for emailing him about his comments on TGO. :doh:Oh well, he fought hard for this bill as well so he can think whatever he likes about me. Tell your father thanks for me.

[GLOCKMEISTER]

Well we may never have all the grey areas explained....

In any event I want to thank all the Representatives and Senators that were involved in getting this legislation passed, its been a long time coming. I also want to thank John Harris and the TFA... anyone whos been around the firearms industry for the past 15 years realizes John our true champion when it comes to gun rights. We wouldnt have a HCP law we have right now if it wasnt for his work. I'd also like to thank all the private citizens that took time to contact your legislature... those efforts made a difference.

But remember the fight for our constitutional freedoms never stops.

[waynesan]

Here's a poll to hit.

The Times News has been a pretty friendly paper for gun owners. But right now this poll doesn't look too good.

Kingsport Times-News Online - Kingsport, Tennessee Breaking News and Information

Do you think it's a good idea to allow Tennessee handgun carry permit holders to bring their guns into businesses that serve alcohol?

No. 50%

Yes. 46%

I don't care one way or the other. 5%

Total Votes: 533

[Bigiron]

One of the best ways to thank those who worked so hard to pass these bills is a donation to their re-election campaigns. And for those who worked against us, a donation to the person who runs against them.

[macville]

All the articles I had read so far were very unclear about permit holders carrying in what most people would call "bars". Glad to see it passed.

I noticed that the Knoxville News Sentential article quoted this, "Rep. Frank Niceley, RStrawberry Plains, said 32 other states allow “guns in bars” and allow pistol-packing patrons to drink alcohol.

“They’ve not had any problems. I don’t see any problem here,” said Niceley, noting that Tennessee law will continue to prohibit alcohol consumption while carrying a handgun."

I know that I would have the restraint to only have one beer if I was out (like having a dinner), but I'm not sure about other fools (kinda like the guy here in the greenway the other day...)

Matthew

[tnroadrunner]

djack, thank your dad for me as he is also my state senator.

[GLOCKMEISTER]

This has been well covered TO DEATH... literally in another thread...

http://www.tngunowners.com/forums/political-issues/20611-hb0962-restaurant-carry-41.html

For the sake of the board Im going to give it a bit and see if it takes off hear, which is fine with me if not I'll merge the threads.

[Guest HexHead]

That's how I see it, too.

Looks like "and the serving of such meals shall be the principal business conducted" is a gray area. Reminds me of the previous discussions about % of food sales. There are some restaurants / bars out there that I am not sure if their principle business is serving meals or serving alcohol.

Sounds like "intent" could be a factor. If you go into one of those places, eat, don't drink and leave. It's a restaurant.

It's unlikely the law would be enforced anyway, unless you're acting like an ass.

[Guest db99wj]

This has been well covered TO DEATH... literally in another thread...

http://www.tngunowners.com/forums/political-issues/20611-hb0962-restaurant-carry-41.html

For the sake of the board Im going to give it a bit and see if it takes off hear, which is fine with me if not I'll merge the threads.

Whoa, I just commented on that other thread, my screen flashed, went back to page 1, can't find my post...

anyway, I said merge them and I also added a for the article name and the thread title. I have always hated the "Guns in Bars bill" bs.

[GLOCKMEISTER]

Im experiencing tech difficulties... Im trying to get it fixed...

[Guest HexHead]

Here's a poll to hit.

The Times News has been a pretty friendly paper for gun owners. But right now this poll doesn't look too good.

Kingsport Times-News Online - Kingsport, Tennessee Breaking News and Information

Do you think it's a good idea to allow Tennessee handgun carry permit holders to bring their guns into businesses that serve alcohol?

No. 50%

Yes. 46%

I don't care one way or the other. 5%

Total Votes: 533

You can tell their bias by putting "No" on top.

[GLOCKMEISTER]

Whoa, I just commented on that other thread, my screen flashed, went back to page 1, can't find my post...

anyway, I said merge them and I also added a for the article name and the thread title. I have always hated the "Guns in Bars bill" bs.

I swear I merged these two threads togather... something happened... again sorry I will post the Tn articla and you guys can post about it.

[GLOCKMEISTER]

Tennessee House passes handguns in bars bill | www.tennessean.com | The Tennessean

Tennessee House passes handguns in bars bill

By Erik Schelzig • ASSOCIATED PRESS • May 8, 2009

The House voted Thursday to allow Tennessee handgun carry permit holders to bring their weapons into any establishment that serves alcohol.

The chamber voted 66-23 to approve the bill sponsored by Republican Rep. Curry Todd of Collierville, a retired police officer.

The measure abandons earlier efforts to impose an 11 p.m. to 5 a.m. curfew for carrying handguns where alcohol is served and to keep a total ban on establishments that enforce age-restricted entry.

"This is a brand new bill," Democratic Caucus Chairman Rep. Mike Turner told the bill's sponsor, Curry Todd, who switched to his support to the Senate version.

"In the House, we never talked about guns in bars. We talked about guns in restaurants. We've essentially got a whole new bill. We've never debated on this bill. I think this is a bit mischievous on your part."

Todd said he agreed to support the curfew and age restrictions only as long as the bill was in the House. Once the Senate passed a version without that language, his promise was fulfilled. In March, Todd strenuously opposed efforts to strip the curfew from the bill and told reporters he wouldn't vote for a bill without the time limits in it.

But the Senate passed the proposal without the restrictions, and the House negotiating panel led by Todd agreed to that version last week. Todd told the chamber that he considered the changes "minor."

Proponents of the curfew said they wanted handgun carry rights to extend to family restaurants that also happen to serve alcohol. The 11 p.m. curfew was meant to differentiate those restaurants from bars, since Tennessee law doesn't distinguish between the two.

[JayC]

I stand corrected....

But Beavers ammendment isnt "clean".... I dont care and im happy as a pig in shiet... but

Now they way I understand it they did away with the age restriction but added the difference in restaurants and bars?

So in short you still cant carry in a bar? Right?

The definition in the Senate amendment is from the restaurant liquor license definition.

With exceptions of liquor licenses issued to hotels (and only to the hotels), and the other class (mostly government and non-profit owned location) Tennessee Alcoholic Beverage Commission all other businesses which sell liquor in the state of TN have a restaurant liquor license.

As such they meet all the requirements of the HB0962 as passed with 1 minor exception (the restaurant liquor license only requires meals to be served 4 days a week, not 5) but I suspect the number of establishments impacted by this difference to be very small.

In short, it's legal to carry in any location (once the bill becomes law) with a restaurant liquor license unless it's posted, and it should be safe because the state has verified they meet all the requirements under HB0962 as passed for you.

[Guest HexHead]

The definition in the Senate amendment is from the restaurant liquor license definition.

With exceptions of liquor licenses issued to hotels (and only to the hotels)

Okay, we got restaurants and bars out of the way. Now, what's the deal with hotels?

[JayC]

As I read the definition, two points would seem to prohibit the Paradiso:

I don't think the Paradiso has either kitchen or dining room equipment and the serving of such "meals" isn't the principal business conducted. Just my $.02 (adjusted for inflation), but of course, IANAL.

They have been issued a TN state 'restaurant liquor license'... The state requirements for that license are:

1. A public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served.

2. Without sleeping accommodations.

3. Supplied with adequate and sanitary kitchen and dining room equipment.

4. Seating capacity of at least seventy-five (75) at tables.

5. Employing a sufficient number and kind of employees to prepare, cook and serve suitable food.

6. Serve at least one (1) meal a day at least four (4) days a week.

7. Serving of meals shall be the principal business conducted

Tennessee Alcoholic Beverage Commission

The state has verified that all businesses which have a state restaurant liquor license meet those requirements as part of issuing the license, so therefore the state has themselves verified you can carry in them (with the 1 exception of 4 meals a week vs 5 meals a week but I doubt seriously many businesses will be impacted by that).

[Fallguy]

The definition in the Senate amendment is from the restaurant liquor license definition.

With exceptions of liquor licenses issued to hotels (and only to the hotels), and the other class (mostly government and non-profit owned location) Tennessee Alcoholic Beverage Commission all other businesses which sell liquor in the state of TN have a restaurant liquor license.

As such they meet all the requirements of the HB0962 as passed with 1 minor exception (the restaurant liquor license only requires meals to be served 4 days a week, not 5) but I suspect the number of establishments impacted by this difference to be very small.

In short, it's legal to carry in any location (once the bill becomes law) with a restaurant liquor license unless it's posted, and it should be safe because the state has verified they meet all the requirements under HB0962 as passed for you.

I think that wipes away a little gray........

[GLOCKMEISTER]

sounds like it... cool.

[JayC]

Yeah, no grey area... I know the wording can be concerning, but I just happen to be involved in a family ran business (my wifes side) which includes a bar/pool hall... So I know all about the pesky "Serving of meals shall be the principal business conducted" requirement.

The good news is virtually all free standing buildings serving liquor will be open to carry unless properly posted.