Background Checks

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The beer board may wish to request background checks on applicants for a beer permit. Under T.C.A. § 57-5-103(e), a city or county is authorized to seek criminal history background or fingerprint checks on applicants for beer permits. These criminal background checks may include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The Tennessee bureau of investigation is authorized to assess fees for the searches in accordance with the fee schedule established by the bureaus. Also, criminal history information (intrastate) may be obtained from the Tennessee Bureau of Investigation for a fee of $29.00 per name submitted, under T.C.A. § 38-6-120. Because no statutory authorization exists for requiring the applicant to pay these fees, the beer board cannot recover the fee from the applicant. Attorney General Opinion 97-077 (5/21/97).