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Can a person who has been convicted of a 1st offense DUI (misd not felony) get an ABC license to work in a restaurant

Johnson City, TN |

Charged with 1st offense DUI, simple assault all were misdemeanors infractions, served 10 days in jail for the simple assault and got time served for the DUI because he was in jail for two days before he was bailed out. actual sentence was 11mos 29 days suspended except for 48 hours which was served, 11mos 29 days probation, dui classes, trash pickup. He has a job in a restaurant that sells alcohol and has to get his ABC license and they are telling him now that he cannot because of the DUI?

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Attorney answers 1


I reviewed the licensing requirements from the TABC. Here are the convictions that could dsiqualify him from getting a license. it does not appear that DUI or assault are offenses that disqualify one from getting a license. If he were convicted of selling drugs or violated laws regarding selling alcoholic beverages it would.
4. Certain criminal convictions will prevent an individual from being eligible for a server permit for a specified period of time. Specifically:

a. An individual may not have a felony conviction within the previous four (4) years,

b. an individual may not have a conviction for any crime related to the sale of alcoholic beverages, beer, schedules 1 and 2 controlled substances or any sex related crime, or embezzlement within the previous eight (8) years.

c. an individual may not have had an employee or server permit or similar permit issued in a foreign jurisdiction revoked by any issuing authority within the previous five (5) years.

d. an individual may not have had any ownership interest in any wholesale, retail liquor-by-the-drink or beer license or permit revoked by the using authority within the previous eight (8) years.

to confirm this information I suggest calling the TABC at 615-741-1602/

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

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