Restaurant carry Vetoed!

[Worriedman]

(back to ABC auditing/collecting fines/pulling licenses)

According to account quoted in this post from KNS

http://www.tngunowners.com/forums/tennessee-politics-legislation/40371-kns-editor-strikes-again.html#post528633

the Buckwild Saloon in Nashville was audited in 2007 and 2009 by ABC.

Sort of doubt it was the ONLY one in the whole state?

- OS

I will check it out by running the ABC monthly meeting records, see what they did as a result, and as they were auditing, were they doing "food audit" or checking some other violation? Were there fines levied, or collected? Notice they were at 1-2.4% of sales of food, when the Law calls for 50% +, maybe they were turned in more than once.

I will try to dig out the real info.

The ABC did so poorly, they have had the rug pulled out from underneath them.

Check out the 2009 Audit of the ABC:

http://www.comptroller1.state.tn.us/repository/SA/pa09009.pdf

Edited May 24, 2010 by Worriedman

[Worriedman]

Notice in the complaint form posted on the web, there is no category for suspected violation of percentage of sales.

http://www.state.tn.us/abc/complaint%20against%20licensee%20form%20AB-0095%20update%20031609.pdf

Would appear that the ABC does not Consider that a reportable offense?

[Mike.357]

Why? We're always here to explain stuff to ya.

J.

reading comp is overrated, just stick with us, we got your back! Until I left Mississippi's education system and went to school in NY, I probably would have made the same mistake...Just glad I moved back to the south after my grammar was corrected and their politics took its toll on me!

you guys are the best

[Worriedman]

Requirement for a Restaurant in Tennessee:

Tennessee Alcoholic Beverage Commission

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. Open at least three (3) days a week with the exception of holidays, vacations, or periods of redecorating.

7. Serving of meals shall be the principal business conducted, each day the restaurant is open.

[Guest HexHead]

I

I would advise TGO to get on board with Ramsey or Haslam and start now to make sure we don't risk putting another Bredesen on Charlotte Avenue.

Are you referring to the Haslem that was a member of Mayor Bloomberg's Mayors Against Illegal Guns group, until it became a political liability and he then joined the NRA?

He's every bit as big a POS as Bredesen.

[Champ198]

Haslam has a new TV ad with a "regular" guy that makes two points, Haslam is 100% pro 2nd amendment among other things. I don't buy it. If he joined up with Bloomberg to begin with, he's got issues.

[VolunteerGuns]

Are you referring to the Haslem that was a member of Mayor Bloomberg's Mayors Against Illegal Guns group, until it became a political liability and he then joined the NRA?

He's every bit as big a POS as Bredesen.

I must agree with Hex about Haslem. I think he'll do/say what he has to get elected, then watch out. He'll break one off in us the first chance he gets. Those types forget how they got where they are as soon as the make it.

IMO

I am awfully partial to Ron.

Just my

Edited May 24, 2010 by adamween

[Oh Shoot]

Are you referring to the Haslem that was a member of Mayor Bloomberg's Mayors Against Illegal Guns group, until it became a political liability and he then joined the NRA?

He's every bit as big a POS as Bredesen.

He's just same ole, right out of the GOP mold of the Now You See Me Now You Don't School of Sidestep.

YouTube - Charles Durning "Dance a Little Sidestep"

- OS

[Guest HexHead]

Or if they ever did allow carry without a permit (not likely, IMO) they may have different restrictions for those that don't have a permit than those that do.

Then talk about confusing firearms laws.......

In AZ, though they passed the new law that you don't need to have a permit to carry, you DO have to have the permit to carry into restaurants that serve alcohol.

[Guest archerdr1]

you guys are the best

we know

[OngoingFreedom]

This morning on Ralph Bristol's show Susan Lynn said the Legislature WILL vote to override the Governor's veto this week. I hope so, it's the only week they have left!

[Fallguy]

In AZ, though they passed the new law that you don't need to have a permit to carry, you DO have to have the permit to carry into restaurants that serve alcohol.

AFAIK no.

I was just saying something weird could happen here with the way the do the HCP and firearms laws.

Think of park carry.... they didn't repeal 39-17-1311 like this bill does 39-17-1305. There is simply an exception for those with a HCP in 39-17-1311. So if they just passed "constitutional carry" in TN those without a permit still couldn't carry in parks. Unless they said you could carry anywhere, but then there are some laws that may still specifically apply to those with a permit.

So if they got to "messing around" who knows what could come of it.

[Fallguy]

Ok that is what I thought. So the person whom I was talking to has been misinformed.

Very misinformed.

I got two e-mails for the NRA-ILA last week that mentioned the veto, one on Wed the other on Sat but neither mentioned anything about last Friday as the day to try and override.

Here is a legislative update e-mail I got from Sen. Beavers yesterday.

......

The legislation, Senate Bill 3012, upholds the U.S. and Tennessee Constitution’s right to bear arms. It also follows 13 years of experience with Tennessee’s handgun carry law that shows an outstanding record of safety among permit holders. Sponsors will likely move to override the governor’s veto next week.

[Guest pws_smokeyjones]

Hmm.. Unless they bring it up during the session and somehow get it in the mix for today, I don't see the bill showing on either the House or Senate calendars for today.

[Guest TNReb]

More responses to my mass email:

Thank you for sending me an email regarding your concerns over Governor Bredesen's recent veto on SB 3012. As a strong supporter of our Second Amendment rights, please know that I will do all that I can in order to ensure we are guaranteed those freedoms which are given to us through the Constitution. As such, the governor's veto is an issue that will be heard in both the House and the Senate before we adjourn for the year. I fully expect the governor's veto to be overridden within the coming days.

Sincerely,

Kent Williams

Speaker of the House of Representatives

State of Tennessee

Thank you for contacting our office. Your input is important to us and we appreciate your comments.

This is indeed an important issue. I will keep this in mind when deciding how to vote on this and please let me know in the future if you have a concern or if I can assist you in any way.

Very Best Regards,

Representative Dale Ford

Tennessee General Assembly

202A War Memorial Building

Nashville, TN 37243

(615) 741-1717

Senator Ketron supports an override of Governor Bredesen's veto of SB3012 as well.

Thanks for taking the time to e-mail and thanks for your support.

Senator Bill Ketron

Sandy Smith

Legislative Assistant to Senator Bill Ketron

13 Legislative Plaza

Nashville, TN 37243-0213

(615) 741-1100 (ext. 44682)

sandra.smith@capitol.tn.gov

From Jim Tracy:

Rest assured I will continue to stand strong for 2nd Amendment rights and will vote to override the Governor's veto.

Jim

And, perhaps most importantly, from the Lt. Gov.:

Thank you for contacting me and you can absolutely count on my support! I am a handgun permit holder myself and I carried the "Handgun Carry Permit" legislation in 1997 that created the permit. My staff and I even helped in the creation of SB 3012.

I have already begun the steps to override the veto and it will start today.

Please don't hesitate to contact me if I can be of further assistance.

Sincerely,

Ron Ramsey

I also received a notice that my email to Douglas Henry was deleted without being read.

Edited May 24, 2010 by TNReb

[Guest TNReb]

Hmm.. Unless they bring it up during the session and somehow get it in the mix for today, I don't see the bill showing on either the House or Senate calendars for today.

I believe that this matter would not show up on the regular calendar, but a motion is made during the "unfinished business" portion of the floor session to override the veto, so that it is placed on notice. Then, if they do not suspend the rules, this has to wait 24 hours for a vote, so it would not go to the House until it was voted on Wednesday in the Senate. I checked and the House is having floor sessions on Wednesday and Thursday this week. In a response to an email I sent out Friday, Speaker Williams emailed me back this morning and said that the issue of the veto will be heard in both the House and the Senate before they adjourn and he expects the veto to be overriden in the next few days.

[Guest Boogieman]

And that's different from the current permits... how?

You're still paying somebody to run the class, make and issue the permits, etc. And I certainly don't see where it makes any difference who you're paying, the government or some private individual.

Sorry, but if you're going to require people to do things before they can carry, you're no better off than we are right now.

J.

Of course the Govt. wouldnt be getting their "cut" and so would probably regulate the classes and raise the price so they get something out of it. Eh, it was a good idea while it lasted......

Thats why I followed with the above. I realized that it would be the same thing, just a different tactic.

[Volzfan]

I also received a notice that my email to Douglas Henry was deleted without being read.

I don't know how to check emails to see if they were read. How do you do that?

Henry is my worthless, senile old Senator and he needs to go. I sent him an email as well as sending one to my Rep. who is Sherry Jones. She is as bad ad Henry is.

I would probably fall out of my seat if I got a response of any kind from either of them.

[Guest TNReb]

This just in from Jackson' Office:

Thank you for your emails. The veto override is not taking place today. It is scheduled to take place on Wednesday, May 26th, or the next legislative day if we do not go into session on Wednesday. Once the Senate votes on the override, it will go to the House.

Thank you for your support.

Sincerely,

Kim

Kim Baldwin

Office of Senator Doug Jackson

P: 615.741.1100 ext. 44266

F: 615.253.0241

kim.baldwin@capitol.tn.gov

[Guest TNReb]

I don't know how to check emails to see if they were read. How do you do that?

Henry is my worthless, senile old Senator and he needs to go. I sent him an email as well as sending one to my Rep. who is Sherry Jones. She is as bad ad Henry is.

I would probably fall out of my seat if I got a response of any kind from either of them.

Man, you do have my sympathies. As far as your question on the emails, I use MS Outlook, and under "options" it has a box to check if you want a "read receipt." If you check that box, Outlook sends you a message when the email is read, or if it is deleted without being read. If you are using Outlook for your email and want to know more, just let me know.

[Fallguy]

E-mailed my Rep and Sen last week, both voted for it on the floor. My Rep responded back in just a few minutes to say he would vote for an override, still not heard from my Sen.

FWIW, the House does have Floor Session scheduled for Wednesday and Thursday, so if the Senate overrides it on Wed, they House can do it ons of those days. AFAIK there is no 24 hour rule in the House like the Senate.

[Volzfan]

E-mailed my Rep and Sen last week, both voted for it on the floor. My Rep responded back in just a few minutes to say he would vote for an override, still not heard from my Sen.

FWIW, the House does have Floor Session scheduled for Wednesday and Thursday, so if the Senate overrides it on Wed, they House can do it ons of those days. AFAIK there is no 24 hour rule in the House like the Senate.

There were a couple of State Reps at the TFA meeting last week here in Nashville and Sen. Jackson asked them if they had the 24 hour rule in the House and they said that they did. They could vote to bypass the rule but it would take a 2/3 majority vote to do that.

[Fallguy]

There were a couple of State Reps at the TFA meeting last week here in Nashville and Sen. Jackson asked them if they had the 24 hour rule in the House and they said that they did. They could vote to bypass the rule but it would take a 2/3 majority vote to do that.

Actually you are right. But from what I can tell the House and Senate both have provisions in the their rules that can wave that (without a vote) when it gets close to the end of the session. From what I can tell, within the last two (2) day of the session in the Senate and the last day of the session in the House.

From House Rules - TN General Assembly

78. VETO. Upon receipt of a veto message and return of a bill or resolution from the Governor, or a receipt of a message from the Senate advising the House that a bill or joint resolution has been passed by the Senate, the Governor's veto to the contrary notwithstanding, the Clerk shall read the message and cause the same to be spread at large upon the Journal. Thereafter, the sponsor of the bill or resolution may, upon twenty-four (24) hours typewritten notice and within three (3) legislative days after the filing of said notice, except the last legislative day of any annual session such notice shall not be required, move the House under the item of Unfinished Business to pass the bill or resolution, notwithstanding the objections of the Executive. If the motion shall prevail by a favorable vote of a majority of the members to which the House is entitled under the Constitution, the bill or joint resolution shall then be transmitted to the Senate unless the same was originally received from the Senate subsequent to its prior approval.

From Senate Rules of Order for the 106th General Assembly, As Amended January 12, 2010

67. NOTICE TO OVERRIDE GOVERNOR'S VETO. Prior to any member seeking to override the Governor's veto on any bill, a written motion to do same on a day certain shall be filed with the Clerk and notice shall be given at least twenty-four (24) hours prior to such motion being called up, with the exception that in the last two (2) days of any annual session, this rule shall not be applicable. A member may invoke this rule only twice on a bill in any session without suspension of the rules.

So perhaps this is the reason for not bringing up today. Wed may very well be within the last two days of the session for the Senate so then the 24 hour rule would be waived without having to suspend the rules and maybe the same in the house on Thursday?

[Guest pws_smokeyjones]

Actually you are right. But from what I can tell the House and Senate both have provisions in the their rules that can wave that (without a vote) when it gets close to the end of the session. From what I can tell, within the last two (2) day of the session in the Senate and the last day of the session in the House.

From House Rules - TN General Assembly

From Senate Rules of Order for the 106th General Assembly, As Amended January 12, 2010

So perhaps this is the reason for not bringing up today. Wed may very well be within the last two days of the session for the Senate so then the 24 hour rule would be waived without having to suspend the rules and maybe the same in the house on Thursday?

Wow, talk about taking it down to the wire.

[RobertNashville]

I have to say that I'm very glad I was wrong about all of this...

In the other thread, I had said and was very sure that we likely would not get a very good bill out of the legislature this year at all and that even if we did, with this being an election year and everyone eager to get out and campaign (and an assumed veto by the governor); the chance of getting the veto set aside seemed very unlikely at best.

At this point, however, it seems that we have a good bill and I am at least fairly optimistic that the veto will be overridden...let's keep the pressure on our reps/senators to do just that.