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Freshman Senator Faulk turns attention to alcohol legislation

Published June 24th, 2009 | 1 Comments

Third in a series

Tennessee state Sen. Mike Faulk — who knows a lot about the business of alcohol — is calling for a “major overhaul” of the state’s alcohol sales and regulation laws.

“We’re still operating on a post-Prohibition set of laws that don’t mirror reality in terms of the marketplace or in terms of consumption or regulation,” said Faulk, R-Church Hill. “I understand and agree with those who sell distilled spirits when they say ‘We have built our business model based upon the regulations that have been in place for 70 years.’ And there has to be some sort of mechanism to allow those folks to change their business model if they are going to be expected to compete with big box grocery stores and everybody else on the sale of wine.

“That’s a long way around saying I believe practically everything is going to be on the table in trying to re-craft our alcohol sales and regulation laws.”

Part of that overhaul began this year when lawmakers passed legislation to allow out-of-state wineries to be licensed and transport wine to Tennesseans across state lines. There was also consideration of a bill to allow wine sales in grocery stores.

Currently, the Tennessee Alcoholic Beverage Commission regulates licensing and alcoholic beverage distribution affecting suppliers and manufacturers, wholesalers and retailers.

Faulk, a freshman lawmaker and attorney whose practice includes suing DUI offenders, put his experience to use this year in crafting legislation affecting how alcohol is sold.

One bill he passed will prohibit retailers from selling alcohol to people who are “visibly intoxicated” rather than “drunk.”

“The reason for doing that is under the (state) Alcoholic Beverage Commission, they have in their rules and regulations a standard definition for visibly intoxicated,” Faulk explained. “So it will make consistency across the board in both criminal and civil cases regarding the sale of alcohol to someone who is intoxicated.”

He also co-sponsored bills requiring law enforcement officers to get blood tests of suspected DUI offenders when an injury or death has occurred; authorizing criminal background checks on people applying for beer licenses; and prohibiting a homeowner to knowingly allow someone under 21 years old to consume alcohol on their premises.

“That’s designed specifically to get at these prom parties where a parent says ‘Yeah, you can have (alcoholic beverages) at my house or I’ll turn my head knowing you and all your friends are going to have a party here,’ ” Faulk said of the under-21 legislation.

He noted an Allstate insurance company study showed Tennessee ranked sixth in the nation for teen driving fatality rates.

Faulk also introduced, but did not advance, legislation to create a “repeat DUI offender” registry for people with two or more DUI convictions and a measure to require wine sales to be regulated locally instead of by the Alcoholic Beverage Commission.

Aside from alcohol legislation, Faulk passed a bill to distribute sales tax revenue generated by the Hale Springs Inn toward the debt used to help finance its renovation.

“It made sense to (state Rep.) Mike Harrison and me that since the state was already so heavily invested in Hale Springs Inn through the transportation grants that helped fund that renovation coupled with the fact they are opening an inn in the worst economic times, if the state deferred the state’s portion of the sales tax revenue and that applied toward the extra money the town of Rogersville had to buy to finish the job, it might give them enough operating capital to get through 24 to 36 months and weather the economy,” Faulk said.

Faulk also passed a resolution urging the state’s Democratic and Republican political parties to put together a calendar of appearances for their respective gubernatorial candidates in each county between the primary and general elections.

“So many folks in smaller counties — like Hancock for instance — they rarely if ever see a gubernatorial candidate, and it would create the big political event for the year in counties like that if the two standard bearers for each of the parties came to town to visit and have a discussion or debate. ... In the day of television ruling political campaigns, it would be a healthy change,” Faulk said.

Faulk’s 4th Senatorial District includes Hawkins, Hancock, Claiborne, Grainger, Jefferson and Union counties.

For more information go to www.capitol.tn.gov.

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That's crazy. People in this state need more booze not less as they are WAAAAAAAY too uptight.

Jeremiah Jones | 6/25/2009 - 1:55 AM - ( Comment

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