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In tennessee is allowable for an ABC server to consume

Customer Question
In tennessee is allowable...

In tennessee is allowable for an ABC server to consume alcohol behind the bar if out of sight

Lawyer's Assistant: Has the server talked to a TN lawyer about this?

No I can't find that info online either

Lawyer's Assistant: What steps has the server taken so far?

Just online search

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all

Submitted: 8 months ago.Category: Legal
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Answered in 6 minutes by:
12/20/2017
Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,584
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

The answer is that there is no law prohibiting drinking alcohol on the job (in private or in front of customers), however, it is still a bad idea. The person that holds the server permit must keep a clear head, to avoid jeopardizing TN laws, such as:

  1. Serving two or more drinks or containers of alcoholic beverages to a consumer at one time.
  2. Selling, offer to sell, or delivering to any person or group of persons any drinks that are priced less than the price regularly charged for that drink in that size, except at private functions not open to the public; or
  3. Increasing the volume of alcohol contained in any such drink without increasing proportionately the price regularly charged for such drink.
  4. Offering or delivering any free alcoholic beverage or wine to any person or group of
    persons.
  5. Offering or delivering unlimited drinks of wine or alcoholic beverages for a fixed price if the actual cost of all ingredients, including the alcohol and all applicable taxes, of the drinks actually served to a customer exceeds the fixed price charged.
  6. Awarding any wine or alcoholic beverages as a prize or free drink or encouraging or conducting any game or contest which involves drinking or uses wine or alcohol as a prize or free drink.

Etc.

So while it is done (and actually more often than TN would like), doing this will often lead to problems. So while it is not disallowed, it is nonetheless considered bad practice.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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