Commission Has Legal Questions About Local Distillery

Reported by: Bill Mitchell

Edited by: Ashley Henderson
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Updated: 11/21/2012 6:43 pm
The final decision on whether Chattanooga Whiskey can be distilled in Hamilton county is weeks away.
But it will not become a reality unless most of the the County Commission goes along with it . 
Commissioners are taking their time deciding where they stand legally.

Several hundred supporters of Chattanooga Whiskey showed up at the county commission last week to support businessman Joe Ledbetter.

JOE LEDBETTER, CHATTANOOGA WHISKEY  11-15-12  "We just want jobs here...we just want manufacturing, economic development..but we want the tourism fees. We want Chattanooga Whiskey to be made in Chattanooga." 

With strong support from business and groups, Ledbetter urged the county leaders to send a letter to state lawmakers asking for a change in state law that would allow the distillery to operate here.  At present, the whiskey is made in Indiana.

JOE GRAHAM, COUNTY COMMISSIONER  "This is a manufacturing issue...its not a consumption issue. Its already legal to consume Chattanooga Whiskey or many brands of whiskey here in the city of Chattanooga and Hamilton county."  

The letter needs 6 signatures, 2/3rds of the commission before state legislators will accept it.
Larry Henry says there are 5 names already there.
Commissioners meet with local legislators on December 13th.

LARRY HENRY  "I would like to have the letter signed by six signatures..or not..to be able to present to them on the 13th."   

Ledbetter told us by phone that he didn't have anything to add to the discussion.
He says he is waiting patiently to see if he has 6 commissioners on his side.

If the legislature does get the letter, Henry says there may still be legal challenges when it comes back for a local resolution or referendum.

LARRY HENRY, COMMISSION CHAIRMAN  "I have some questions about it myself..about the legality of even being able to sign the letter to give to our delegation ..And I'm sure the AG, the attorney general of the state will review it.
 
Commissioner Tim Boyd told us late Wednesday by phone that he has researched the issue and determined the county does not need to be involved in the issue at all.
He says he is neutral on allowing the distillery, but has determined the only question to be resolved is the one in the legislature. 

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