This is Post 8 in my review of the legislation of interest to tort lawyers that was passed by the General Assembly in 2009. Want to see more? Look at the Legislation 2009 category.
This legislation is of interest to those who bring or defend dram shop cases. The new act modifies TCA Section 57-3-406 and TCA Section 57-5-301. Here is a summary of the bill:
Present law prohibits an alcoholic beverage retailer from selling any alcoholic beverages to any person who is drunk and from selling alcoholic beverages to any person accompanied by a person who is drunk. This bill revises this provision to refer to persons who are "visibly intoxicated" instead of persons who are "drunk."
Present law prohibits a person who holds a permit to sell beer from making or permitting to be made any sales to minors. This bill additionally prohibits such permittees from selling beer to persons who are visibly intoxicated.
Click on the link to read Public Acts, 2009 Public Chapter 206.