Thursday, September 27, 2012

New Hurdle for Tennessee ABC Liquor Licenses


The Tennessee Alcoholic Beverage Commission recently introduced a new requirement for restaurants applying for liquor licenses. Applicants must submit a business plan that details projected sales of food, alcohol and other income.

Limited service restaurants, the legal euphemism for bars in Tennessee, are accustomed to filing an affidavit specifying the percentage of alcoholic beverage sales compared to food, beer and other sales. Limited service license fees are based on the percentage of food sales and the affidavit essentially sets the amount of the license fee.

Because of a new law, ABC Assistant Director Keith Bell is requiring all restaurant applicants, including restaurants that serve more than 50% food, file business plans before applications can be approved. The rule does not apply to other types of liquor-by-the-dinrk licenses, like hotels and caterers.

Fortunately, Mr. Bell is not looking for a full-blown business plan that would please a business school professor.

Based on our experience, the business plan needs to focus on facts specific to the percentages of food to liquor, beer and other income. Projected income with percentages are key.

Other facts to include are hours of food service (lunch and dinner, as opposed to just late night), number of food prep and service staff, or plans for bartenders preparing food, basic summary of the kitchen, number seats at traditional restaurant tables, how food will be marketed to patrons, and any other facts directly related to food sales.

Confidentiality of projected earnings is an issue that has not resolved. With the exception of social security numbers and other sensitive personal data, anything filed at the ABC becomes a public record.

We suggest folks follow Jimmy Buffet's advice: If life gives you limes, make margaritas.

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