In The News

The Future of Alcohol in Tennessee

Attorney Will Cheek has been quoted in a great article about the future of alcohol in Tennessee in the Nashville Scene.  To read the entire article, click here.

Nashville Scene Cover – 6/30/16Nashville Scene Cover – 6/30/16We are hours away from 8 am, July 1, 2016 - the moment when nearly 500 retail stores across the state will be able to legally sell wine.

Climb Nashville Slated to Serve Food and Beer

Climb Nashville, an indoor rock-climbing facility and gym, recently opened its new center on Charlotte Avenue in West Nashville. The 17,000 square-foot facility includes a workout area, yoga center and a café. Owners of the facility worked with Bone McAllester Norton’s Alcoholic Beverage Law attorneys to secure the appropriate beer licensing and hope to start serving food and beer soon.

The Nashville Business Journal featured a slideshow on the new space. Click here to see more.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Meet the Men Behind Nashville’s OZ

Bone McAllester Norton client OZ Nashville was featured in a cover story in last week’s Nashville Business Journal. The contemporary arts center just closed on its inaugural season—dubbed “Brave New Art”—and reporter E.J. Boyer sat down with Cano and Tim Ozgener, the father and son duo who founded OZ, to get a peek into the story behind the revolutionary arts venue.

Cano Ozgener, an Armenian-Turk who immigrated to the United States in the 1960s to study mechanical engineering at Columbia University, fell in love with New York City’s art scene while in college. He moved to Nashville later that decade for a job at DuPont, and after word got out about his hobby making smoking-pipe stems, he founded CAO International, which then led to the humidor and cigar-making business. His son, Tim, had joined him in the business at a young age, and they sold it in 2007 to a European tobacco giant. Art was their next venture.

They wanted to bring an arts venue that reflected where Nashville wants to be—or should be—in the contemporary arts world. Looking at nearly 4,500 attendees in its first five months, OZ’s inaugural season can be counted as a success. Hosting everything from theater and dance to classical music, the blank space at OZ is able to accommodate a variety of performances. Read more about the Ozgeners and what they have planned for their second season here.

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Will Cheek will Moderate Panel Discussion at National Liquor Conference This Week

Bone McAllester Norton attorney and alcohol law “guru” William T. Cheek III will moderate a panel discussion this Wednesday, June 18, 2014, at the National Conference of State Liquor Administrators’ (NCSLA) annual conference. Will, who heads up Bonelaw’s Alcoholic Beverage Law practice group, will be joined by the director of the Arkansas Alcoholic Beverage Control Division, the former chief operating officer of the Virginia Alcoholic Beverage Control Board and the senior manager and attorney of regulatory affairs of The Boston Beer Company in “Cider Regulation 101.” During the past five years, cider sales have dramatically increased, leaving industry members and regulators to sift through statutes to determine how the beverage is classified and controlled.

The panel will discuss highlights of a 50-state survey of state regulators on relevant cider guidelines, identify areas where cider is regulated differently and provide guidance on areas to watch when selling cider in the United States.

The NCSLA was established in 1934 to promote the enactment of the most effective and equitable types of state alcoholic beverage control laws and provide a forum for networking among the regulators and industry. Several hundred liquor professionals will attend the conference, including federal and state regulators; global spirit, wine and beer manufacturers; national alcohol trade groups; and liquor licensing professionals. This year’s conference is taking place at The Westin Riverwalk in San Antonio.

Click here for more.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Rob Pinson will Present in “Shine and Wine” CLE

Bone McAllester Norton attorney Robert D. Pinson has been selected as a panelist to address the latest in alcohol and wine legislation at the Tennessee Bar Association’s 2014 Convention. “Shine and Wine” will address the latest in the wine in grocery stores legislation, as well as an insider’s look at the rules surrounding the craft distilling of moonshine. Joining Rob are Rep. Mike Carter, R-Ooltewah, Sen. Doug Overby, R-Maryville and two attorneys from Gullet Sanford Robinson & Martin PLLC.

The TBA’s convention takes place this Wednesday through Saturday in Gatlinburg. “Shine and Wine” is slated from 2 to 5:15 p.m. on Friday, June 13, at the Park Vista Hotel.

Rob concentrates his practice in the areas of business law, tax law, estate planning, Alcoholic Beverage Law and campaign finance law.

More information on the convention, including how to register, can be found here.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Nashville Craft Distillery to Open in Wedgewood-Houston Neighborhood

Bone McAllester Norton client Bruce Boeko has plans to open a new distillery and tasting room in the Wedgewood-Houston neighborhood of Nashville in late summer or early fall, the Nashville Business Journal reports. He will produce whiskey and brandy, among other spirits, in 3,700 square feet of space being developed at the corner of Hagan and Chestnut streets. Nashville Craft Distillery will join the ranks of Nashville’s growing local craft distillers.

Bonelaw’s Alcoholic Beverage Law group is helping Boeko with his liquor licensing needs.

Click here to read more.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Tennessee Whiskey Debate Turns to Battle Between Giants

Bone McAllester Norton attorney William T. Cheek III was quoted in the Wall Street Journal in what has become a battle between Brown-Forman’s Jack Daniel’s brand and industry giant Diageo. Bonelaw client Popcorn Sutton Distilling LLC is leading a group of craft distillers in efforts to make technical corrections to the state whiskey laws. Although technical, the corrections will be an enormous benefit for the craft distilling industry in Tennessee.

Read the article here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 37 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Legal Designation of “Tennessee Whiskey” is Causing a Debate Between Liquor Giants, The Tennessean Reports

In 2013, Tennessee’s state legislature passed a law designating what can be classified and sold as “Tennessee whiskey,” and in this year’s session, lawmakers are attempting to tweak that law. Under the current law, “Tennessee whiskey” must be made from fermented mash of at least 51 percent corn, aged in new oak barrels, charcoal mellowed and stored in the state, reports The Tennessean. The tweak would require that whiskey be mashed and distilled in Tennessee and would remove the requirement for charcoal filtering, a measure that Bone McAllester Norton Alcoholic Beverage Law client Prichard’s Distillery supports. "If I wanted my whiskey to taste like Jack Daniel's, I'd make it like Jack Daniel's," said Phil Prichard, owner and master distiller of Prichard's Distillery in Kelso, Tenn.

Read the full article here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 37 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Husk Named as One of America’s Best Restaurants

Congratulations to Bone McAllester Norton client Husk Restaurant, named by GQ as one of the 25 best restaurants in America. The magazine compared the Nashville restaurant to its sister eatery in Charleston, saying Husk Nashville is the more impressive. Bonelaw’s Alcoholic Beverage Law group helped open Husk and continues to maintain its liquor licensing needs.

Click here to read more.

 

Bone McAllester Norton PLLC is a full-service law firm with 37 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Whisky Advocate Features George Dickel Distillery in Summer Issue

Congratulations to Bone McAllester Norton client George Dickel distillery, which received a six-page feature in the summer issue of Whisky Advocate, the nation’s leading whiskey magazine. Author Lew Bryson toured the grounds of the distillery in Cascade Hollow, Tennessee, with master distiller John Lunn. George Dickel has found success using a simple rule: Not changing a thing about the way their liquor is made, which involves old school technology, no automation, eyeball measurements and a hands-on approach. Lunn explains that a factory cannot maintain a hand-crafted approach like they take.
 

 

Bone McAllester Norton PLLC is a full-service law firm with 36 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Will Cheek Discusses State ABC’s Crackdown on House-Infused Spirits with Metro Pulse

Bone McAllester Norton attorney Will Cheek spoke with Metro Pulse about new rules from the Tennessee Alcoholic Beverage Commission concerning house-infused spirits. Starting July 1, restaurants and bars can and will be fined if caught blending alcoholic and non-alcoholic beverages together and selling them. This includes margaritas, sangrias and whiskey not mixed for immediate consumption.

“We don’t think the ABC is interpreting the law correctly,” Will said.

Read more about this crackdown here.

 

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.
 

How to Get a Liquor License in Tennessee

By Will Cheek

The most common question we hear is how do you get a liquor license to sell alcoholic beverages in Tennessee? Here is a short summary of how to navigate alcoholic beverage laws and obtain liquor permits for a restaurant or bar.

Tennessee requires two liquor permits to serve alcohol: One is from the state – for wine and spirits. The other is from the city – for beer.  You have to file separate applications for liquor and beer permits, and the process is different for each.

The good news is that there is no limit on the number of restaurant and bar licenses, and you do not need to purchase a license in Tennessee.

The bad news is that both liquor and beer permits generally are not issued until local building codes officials have issued a certificate of occupancy. This puts considerable pressure near the end of the construction process, at a time when the restaurant or bar owner is trying to train staff, finalize menus and manage the completion of construction.

Tennessee Liquor License

The state ABC application process requires basic disclosure from individual or corporate owners and officers, as well as managers. The application requires a lease or other proof or legal right to sell alcohol at the premises, copies of corporate charter, a sales tax certificate and a copy of the TTB registration.

The fee to apply for the state alcoholic beverage permit is $300, and annual liquor license fees range from a few hundred dollars for a wine-only permit to $4,000 for a bar that sells very little food. Cities impose an annual tax that is slightly less than the license fee.

Food service is required for most liquor licenses in Tennessee. The basic bar license requires 15% food sales, as compared to liquor sales. The ABC will inspect before issuing a license and requires at least a minimal kitchen and a food menu.

The ABC staff approves LBD licenses and applications do not come before the full Alcoholic Beverage Commission.

Applicants must obtain a $10,000 bond for full bar service, and the state is very particular about the form of the bond. Do not be surprised if your bond is rejected by Revenue. Revenue also accepts CDs in lieu of the bond.

All servers must be trained and hold ABC-issued server permit cards. The ABC regularly fines restaurants and bars for servers that do not have current server permit cards.

The ABC recently implemented a requirement that all corporate officers and owners, as well as servers, must file a declaration of citizenship. The declaration must be by proof of citizenship or rights to work in the U.S.

The application process takes several weeks, and with the recent move of the Tennessee ABC in Nashville, approvals may take longer.

Tennessee Beer Permit

The beer board process varies depending on the city. Nashville, Johnson City and Memphis have more complicated rules for beer, and obtaining a permit requires attention to detail.

Many cities have a fairly simple process for obtaining a beer permit.

The application fee for a beer permit is $250, and the annual beer permit tax is $100.

Most beer boards have distance requirements from churches, schools, residences and other places. Site selection should definitely examine distance requirements.

Oddly, there is no distance requirement for a Tennessee liquor license. There are restaurants that have a license to sell wine and spirits but cannot sell beer because they are too close to a house, church or school.

Almost every Tennessee Beer Board hears applications at a public meeting, and many require a representative to be present at the meeting. Beer boards generally do not grill applicants at the meeting but may ask questions about sales to minors and intoxicated persons.

The application process for beer takes three weeks for many beer boards and as long as three months for cities like Johnson City. The timing of beer board approval should be carefully considered for new applicants.

 

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters.   Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.
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Carey Watermark Investors Purchases Hutton Hotel

Bone McAllester Norton client Carey Watermark Investors, Inc., a New York-based real estate investment trust (REIT), purchased Nashville’s Hutton Hotel. The sale, at $73.6 million, was announced this morning. Bonelaw’s Alcoholic Beverage Law team provided the liquor licensing for the sale. To read more, click here.   Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Short Mountain Distillery Supports New Rules to Lure Craft Distillers to Rural Areas

Bone McAllester Norton client Billy Kaufman, president and founder Short Mountain Distillery in Cannon County, was included in a May 27 Tennessean article describing the push of the Williamson County planning commission to allow distilleries into rural areas of the county. Kaufman noted that one of his goals is to be an ambassador for the entire county, and he supports the effort to ruralize that business.

To read the full article, click here.

 

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters.   Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

 

Will Cheek Talks About Liquor Laws With the Tennessee Bar Association

When talk turns to liquor laws in Tennessee, everybody has a question.

• Why can’t I Kroger for wine? If 69% of Tennesseans favor wine in grocery store, what's the holdup?

• I can buy tequila but not beer, limes or shot glasses at my liquor store, what's up with that?

• Why was the right for women to vote crucial to prohibition?

• Why would we ban the sale of all alcohol?

 
Attorney Will Cheek of Bone McAllester Norton delivered a one-hour CLE webcast with the answers to these questions and more concerning the labyrinth of liquor laws in Tennessee, a place where liquor has played a pivotal and sometimes controversial role in the state's history and economy.

Read Will's blog to learn more on this topic.