Alcohol Served at Legislative Receptions: Third Party Responsibility?

Currently, legislative receptions constitute one of the twelve exceptions to the lobbyist gift ban under Tennessee's Ethics law enacted in 2006.

Receptions for legislators are held nearly every week with multiple receptions often occurring in one night.

With the new ethics laws in place, organizations that have legislative receptions must send a copy of the invitation to the Tennessee Ethics Commission at least 7 days prior to the event. Within 30 days of the event, organizations are required to report how much money was spent. According to the Tennessee Ethics Commission’s website, $255,354.56 has been spent this year on 46 legislative receptions with 15 receptions yet to be reported.

On February 7, 2007, State Senator Jerry Cooper (D - Morrison) wrecked on his way home after attending multiple legislative receptions seriously injuring himself in a single car crash.

According to the Tennessean, arrest records showed that Cooper's blood-alcohol level was 0.18 percent. Tennessee's drunken-driving laws define intoxication as 0.08 percent.

Representative Brian Kelsey (R-Germantown) has proposed an amendment to House Bill 1776 to prohibit legislative receptions. The amendment and HB 1776 are scheduled to be presented tonight on the House floor. Currently, legislative receptions constitute one of the twelve exceptions to the lobbyist gift ban. HB 1776 is an ethics bill prohibiting the ethics commission from imposing certain civil penalties on administrative and legislative employees.

“We enacted a series of ethics laws last year to crack down on legislator’s being wined and dined, and these receptions are the last remnants of the good ol’ boy network that we are trying to abolish,” said Rep. Kelsey in a press release issued today.

Whether the host of such a reception might be liable for injuries to innocent third parties under Tennessee's Dram Shop Law, Tenn. Code Ann. sec. 57-10-101 et seq. depends on whether the alcohol so served was sold or merely provided. The mere furnishing of alcohol to another does not lead to third party responsibility. Biscan v. Brown, 160 S. W. 3d 462 (Tenn. 2005).