Printable "GUNS IN BARS" law???

[Guest Doc44]

I have searched for a curent copy of the new law concerning carrying in restaurants that serve alcohol... maybe it is just me, but can't find the law, just the old sheepie whinning articles. Need a hard copy to show all the people that do not still understand it.

Doc44

[Fallguy]

Here is the law that passed. (Only includes what was amended)

Here is the law as it was.

All the new law does is really add a (3)(A) and a (3)( under ©

[Guest Doc44]

Got'em... thanks

Will preach the truth... with backup.

Doc44

[netmindr]

Maybe this has been thoroughly addressed in another thread that I have simply missed, but seeing the actual verbiage of the new statute reminds me of how ambiguous it is.

"and the serving of such meals shall be the principal business conducted."

Does that specifically rule out "bars" which must serve food to be issued a liquor license where it is quite obvious that that is not their "principal business conducted" and that they may not always serve at least 1 official meal per day 5 days a week?

The media was quite deliberate in calling this bill "Guns in bars", however, that is not the main focus of the law even though it does apply there.

So, the questions to any law abiding carry permit holder are:

Is it legal to carry into a bar or club where live entertainment and alcohol are the primary products?

If a bar that is mainly open during the evenings (not for meals) or a club that is only open on nights when live entertainment is scheduled does not post against carrying, does this new law really make it perfectly legal to enter these businesses armed?

I'd rather not be the gineau pig, but I would really appreciate the opportunity to at least be armed on my way to/from such places, especially at night.

[Worriedman]

Except for Private Clubs, there are no "bars" in TN, if they have a liqueur license or beer permit, they must be a Restaurant, and derive 50%+ of their total revenue from food, or they are subject to fines and closure, that is the law.

[Fallguy]

Except for Private Clubs, there are no "bars" in TN, if they have a liqueur license or beer permit, they must be a Restaurant, and derive 50%+ of their total revenue from food, or they are subject to fines and closure, that is the law.

I don't think that is correct about places with just a beer permit.

I know many places in dry counties that only serve beer and do not have a kitchen, do not have seating capacity for 75, do not have wait staff (other than one bartender) and really don't serve meals just maybe some snacks. Although their may not be a legal definition of what they are in TN law, they are not restaurants by any definition...and therefore carry is still illegal there.

Now you're right about a state issued liquor license...as has been said the only difference between the definitions of a restaurant in the liquor law and the carry law are that in the liquor law they have to be open 4 days a week and in the carry law 5 days a week.

[netmindr]

I'm sure we won't see signs on many restaurants or 'bars' anytime soon that says "We qualify for 'Guns in Bars' because we are open for meals 5 days a week".

So I guess the quick and dirty way to determine which establishments are included are to look at their hours posted outside to make sure they are open at least 5 days a week. Also, it's my understanding that to qualify for a liquor license they must serve food which takes care of the meals. This would neccesarily exclude venues that host 'concerts' and other entertainment that are only open on nights where something is scheduled.

[Worriedman]

From the Alcoholic Beverage Commission Audit 1998:

"State law allows restaurants to sell wine and other alcoholic beverages for consumption on the premises if the licensee has adequate kitchen equipment for serving meals, provides seating for at least 75 people at tables, and serves food as its “principal business.â€"

"The notice contains the commission’s interpretation of Section 57-4-101: The principal

business of an establishment deriving 50 percent or more of its gross revenues from serving meals will be considered a full-service restaurant."

BASIC RESTAURANT REQUIREMENTS (T.C.A. 57-4-102(19)(A))

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

http://www.comptroller1.state.tn.us/repository/SA/pa97092.pdf

These rules and requirements have not been changed by the Legislature since 1998.

Tennessee Alcoholic Beverage Commission

Any establishment that serves beverages with alcohol content over 5% MUST meet these criteria.

I will complete a perusal of "beer" commission requirements, but those are handled by County,or City entities, and are not regulated by the State.

[Guest Phantom6]

Except for Private Clubs, there are no "bars" in TN, if they have a liqueur license or beer permit, they must be a Restaurant, and derive 50%+ of their total revenue from food, or they are subject to fines and closure, that is the law.

Worriedman is correct though the law is not enforced as written. That is the problem.