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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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I received an ordinance summons for not having a beer permit

Customer Question

I received an ordinance summons for not having a beer permit and beer permit card for my business. Violation: Code 4-66 as stated on the affidavit. My bartender did as well. Violation: Codes 4-7(b) and 4-75. The police did a decoy sting.What is the process after this encounter and how can become totally legit through a lawyer? There is little info on how and I would like to just pay an attorney to get me legitimate.
Submitted: 9 days ago.
Category: Business Law
Expert:  Damien Bosco replied 9 days ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 days ago.

Are you asking how to apply for a liquor license for your establishment?

Customer: replied 8 days ago.
I am asking what happens after receiving an ordinance summons and then yes how does one obtain beer permit and liquor license through a lawyer to make sure it is right or right steps according to the laws.
Expert:  Damien Bosco replied 8 days ago.

What county is this? Does the ordinance require a hearing or for you to pay a fine?

Customer: replied 7 days ago.
Ordinance says I must appear. This is shelby county but the ordinance and court is City of Memphis
Expert:  Damien Bosco replied 7 days ago.

Not sure if you saw this for Shelby County:

Licensing Process
All businesses located in Shelby County outside of any municipality, that are engaged in the sale, distribution, manufacture, and/or storage of beer are required to obtain a permit from the Shelby County clerk. The fee for the permit is $250. All employees who serve, sell, or handle beer in these establishments must also register with the Shelby County clerk. Here is the link:

http://www.shelbycountytn.gov/index.aspx?NID=560

Also, the Beer Board consists of five (5) members and has the exclusive power and authority to issue, suspend and revoke beer permits, and impose monetary penalties for establishments located within the unincorporated areas, subject to review by the courts. So, you may end up getting a penalty.

All alleged permit violators at the hearing have the right to plead "not guilty" to any or all of the charges, to have the assistance of counsel, to cross-examine witnesses testifying against him and to testify and present witnesses and evidence on his behalf.

You might what to discuss this issue with local counsel regarding the hearing. Or request a continuance if it looks like you need an attorney. It looks like the penalty could be up to $2,500.00.

We can discuss more if you want to do so.

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