V.F.W. Post 1970 v. Alcoholic Beverage Commission

OPINION

TODD, Presiding Judge, Middle Section.

The plaintiff, V.F.W. Post No. 1970, has appealed from the judgment of the Chancellor affirming the decision of the State Alcoholic Beverage Commission suspending the liquor license of plaintiff for 15 days for failure to file liquor-by-the-drink reports and pay taxes thereon for the months of April, May, June and July, 1982.

Appellant first insists that the order of the ABC is invalid because it is not based upon the recommendation of the Commissioner as mandated by statute.

TCA § 57-4-304(e)(l) provides:

When any licensee shall fail to make any…