After a recent opinion by the AG regarding state residency requirements for people to obtain access to licenses to start a business I decided to ask a few questions off of that to the AG.
Dear General Cooper:
Your office recently opined that the residency and corporate asset location requirements in Tennessee law for applicants seeking a license as an alcoholic beverage wholesaler or package retailer violate the Commerce Clause of the United States Constitution because it presumably limits a persons right to earn a living across state lines.
1. A number of local governments require employees of such local governments to live within the jurisdiction of such local governments. When there are no immediate safety factors raising concern because of non residency, are such restrictions limiting where persons must live who seek employment or are employed with a local government constitutionally infirm? If the answer is no, can the general assembly prohibit such residence restrictions by local government?
2. Could residency requirements or incentives that give preferencial treatment to contractors of an area (Be it inside of a city municipality, county or state) be seen as constitutionally infirm ?
3. Could requirements or incentives that give preferencial treatment to one company or contractor over another based solely on the color of the owners or employees skin be found constitutionally infirm?
Thank you for your response to these questions.
Sen. Stacey Campfield