THE MCDANIEL LAW FIRM
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alcohol sales to a minor
​Memphis Germantown Bartlett Cordova Millington Shelby County Tennessee

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Most people we see charged with Selling Beer/Alcohol to Minors are arrested in a sting operation.

How a sting operation often works:
  1. An underage decoy (who looks much older than their actual age) is sent to purchase alcohol/beer at a convenience store/liquor store OR is sent into a restaurant/bar and orders an alcoholic beverage. These decoys are often accompanied by an older undercover officer which adds to the assumption that they are also of legal age.
  2. Many times, the employee does ask for an ID, which the decoy presents confidently, so that the employee often assumes they must be of legal age. As a result, the person often fails to closely examine the birth date and will then sell alcohol to the underage minor.  Many convenience store clerks get confused about the years as they must check ages for both tobacco and alcohol and may confuse the two.​

Tennessee Law: 
  • The legal drinking age in Tennessee is 21. 
  • You must be 21 years or older to legally purchase or consume any alcoholic beverage in the state.
  • It is unlawful for any person engaged in the sale, manufacture or distribution of beer to make or permit to be made any sale to minors. T.C.A. § 57-5-301(a)(1).

Possible penalties, if convicted:
The first offense of selling beer to a minor is a Class A misdemeanor. T.C.A. § 57-5-301(a)(2). 
If convicted, it can carry the following penalties:

  • Up to 11 months and 29 days in jail on a first offense (misdemeanor cases). 
  • Fines and court costs
  • Community Service work 
  • Prohibited from selling alcohol for 10 years.
  • Possible permanent conviction on your record
    ​
A second offense of selling beer to a minor is a Class E felony which is punishable by 1-6 years of confinement.  If convicted, the penalties are far greater including loss of civil rights and the ABC permit of such person may be automatically and permanently revoked, regardless of any other penalty imposed.

The McDaniel Law Firm has over 37 years of experience and the legal skills to effectively fight any criminal charges you may face. We will work hard to resolve these charges and will work aggressively work to clear you of all charges. Call today: 901-527-6518

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901-527-6518
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243 Exchange Avenue, Memphis, TN, 38105
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  • Home
  • About Us
    • Reasons to Choose Mark McDaniel
    • Client Reviews
    • Peer Endorsements
  • Practice Areas
  • News
    • Notable Cases & Decisions
    • In the News
  • Contact Us