KNS editor strikes again

[bubbiesdad]

McElroy: Living a lie: Restaurants, bars and guns

I think it's safe to say the NRA speaks for all Tennesseans when it states in its gun safety rules:

"Alcohol … must not be used before or while handling or shooting guns."

So why do NRA-backed legislators want guns in bars?

They don't. They want permitted guns allowed in restaurants, whether they serve alcohol or not.

But because the state is living a lie, the issue has tangled up the General Assembly for two sessions and gone to court in between.

The lie is that there are no bars in Tennessee.

Under state law, liquor-by-the-drink permits can be issued only to restaurants, which are defined as places where "the serving of meals is the principal business conducted."

That doesn't mean the "principal business" has to bring in half a restaurant's revenue, though.

The state Alcoholic Beverage Commission also weighs other factors such as kitchen equipment and seating. Food can be a mere plurality of revenue, as in a restaurant that earns 26 percent from meals, 25 percent from liquor, 25 percent from beer and 24 percent from souvenirs.

A restaurant can even qualify for a liquor license if it makes a "good faith" effort to sell food.

"Establishments can't force their patrons to buy food or to want to eat," ABC Chairman John A. Jones explained to the Chattanooga Times Free Press recently.

Beer, by the way, does not come under state regulation, so, from the ABC's point of view, it is food, too, a concept to which many college students can relate.

This farce was the reason the previous version of the guns-in-bars bill was thrown out. That legislation sought to ban guns from restaurants that were really bars, while liquor laws insisted that all bars were restaurants.

No wonder a judge found the bill unconstitutionally vague.

The new guns-in-bars bill does away with any such vagueness, declaring, simply, that properly permitted guns are allowed in all joints that sell alcohol.

Gov. Phil Bredesen has again vetoed the measure, declaring that "the General Assembly has essentially re-passed last year's legislation in an even more expansive and dangerous form."

"I don't understand why he would even say that," responded Lt. Gov. Ron Ramsey, possibly with a straight face.

Some bystanders have been hurt in the gun fight, such as the Buckwild Saloon in Nashville, which made the mistake of unabashedly being a bar.

In 2007, ABC found that food accounted for just 1.2 percent of its total sales. That was enough of a "principal business" for the saloon to keep operating then. But last year, amidst the guns-and-alcohol furor, ABC did a fresh audit and was shocked - shocked - to discover that Buckwild's food service accounted for just 2.4 percent of sales.

One might argue that doubling food sales showed a good faith effort, but the "restaurant's" license still was suspended for 90 days.

"We are under the microscope of some members of the Tennessee General Assembly," ABC's Jones admitted to the Times Free Press.

A token effort to clarify what's a bar and what's not was introduced this legislative session but now lies dormant in committee.

It's a safe bet it will never pass. Instead, guns soon will be in bars, where no one wants them, and, when the microscope goes away, places like Buckwild will get back to their "primary business."

[Guest crotalus01]

I am suprised. Much less of a hit piece than I thought it was going to be, and a lot of factual information. Outside of a couple of lines I dont think most would consider that an anti-2A piece...

[Guest archerdr1]

the only anti part I saw on there was the last sentence. He made a good argument for us and then twisted it right at the end.

[Punisher84]

Reading it I wasn't sure if he was for or against until the Ramsey comment. It's true though that if they had just left it alone we'd have all been happy with "restaurant" carry, but mess with the bull and you get the horns so now I'll carry anywhere that's not posted if I'm not drinking!

[Worriedman]

I posted this on their site, not sure it will make it to press though.

I find Mr. McElroy's take on the licensing requirements somewhat confusing. It has always been accepted, that 50% of an establishment's gross revenue MUST be derived from the sale of food to obtain, or retain a "restaurant license", (as proffered in the Tindell Amendment to HB 3125) which stated the standard Tennessee requirement:

2)

( For purposes of determining whether an establishment derives less than fifty percent (50%) of its gross annual revenue from the sale of food, such determination shall be made based on the prior calendar year of operation of such establishment. If an establishment has not been in existence or sold food for an entire year, the fifty percent (50%) shall be determined by the initial partial calendar year in which the establishment has been in existence.

The rendition offered by Mr. McElroy is incorrect, but the ABC did help the Restaurants out, by quantifying "beer" as a non-alcoholic beverage.

I suggest that should one be stopped at a DUI checkpoint, with a blood alcohol level above .08, try telling the nice officer that you were simply swilling beer, and that the ABC does not consider that an alcoholic beverage. See how that works out.

Also, the ABC intimates that it does not regulate beer, but it does regulate "server" license, and can fine an individual for selling beer to a minor. It seems the ABC picks and choses what it likes to regulate, and when. In its offical minutes from the July 2009 meeting, it relates fining Ms. Ashley Stafford for selling beer to a minor. How can they fine someone for selling a non-alcoholic beverage to a minor?

http://www.tennessee.gov/abc/July%20Minutes%20091509.pdf

[Guest archerdr1]

yeah, I was wondering that too, so if I am in a restaurant carrying, it must be ok for me to have a beer since it is not recognized as an alcoholic beverage...right! Not condoning that, just an observation.

[leroy]

I posted this on their site, not sure it will make it to press though.

Thanks for posting the note and for a job well done. The KNS and McElroy are no friends to freedom or the Second Amendment. They represent a real "Fifth Column" threat to America and freedom everywhere. The good news is that most folks are finally figuring it out. It will be a great day when this bunch of trash (...and others like them...) starve themselves out.

Keep up the good work.

Kind regards,

Leroy

[oldogy]

This whole guns where alcohol is served is a farce, not only in TN. The state of OH is fighting legislation over the same thing. Just last week I was in a small independent restaurant in OH where I have eaten many times. I was about half way through breakfast when three ladies sat down at the table next to me and ordered a round of champagne in celebration of some event. There I sat, up till then thinking I was legal..........No signage of any kind indicating they sold alcohol.

I asked to see a dinner menue and sure enough, there it was, bottom of the page.

Wine and champagne available.

oldogy

[daddyo]

I have yet to see any anti-gun article that relates to being able to carry a firearm into a place that serves alcohol mention that it has not been a problem in states that have already passed same or similar legislation.