Tenn. Code Ann. § 57-5-503 — TN Code / Title 57 / Chapter 5 / Section 57-5-503
Prohibitions
Status: in_force

The following are prohibited under this part: (1) A wholesaler shall not: (A) Transfer the wholesaler's business without giving the supplier written notice of the proposed transfer of the business as required by this part; or (B) Transfer the wholesaler's business without receiving the supplier's written approval for the proposed transfer, where required by an agreement and consistent with this part; (2) A supplier shall not: (A) Coerce, or attempt to coerce, any wholesaler to do any illegal act or to violate any law or regulation either by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and the wholesaler, or by any other means; (B) Coerce, or attempt to coerce, any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler or, if ordered, has been cancelled by the wholesaler in accordance with reasonable cancellation procedures of the supplier. A supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other wholesalers in Tennessee and adjoining states having an agreement with the supplier; (C) Withhold delivery of beer ordered by a wholesaler or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith; (D) Require a wholesaler to purchase one (1) or more brands of beer or other products in order for the wholesaler to purchase another brand or brands of beer for any reason. If a wholesaler has agreed to distribute a brand or brands before March 1, 1990, that wholesaler shall continue to distribute the brand or brands in conformance with this part; (E) Require a wholesaler to assent to any condition, stipulation or provision unreasonably limiting the wholesaler's right to sell a brand or brands of beer or other products of any other supplier; (F) Require a wholesaler to submit audited financial information, including, but not limited to, profit and loss statements, balance sheets, financial records or specific information regarding competitive brands, as a condition of renewal or continuation of an agreement; (G) Require a wholesaler by any means to participate directly in or contribute to any local or national advertising fund or purchase any merchandising material controlled either directly or indirectly by the supplier; (H) Require a wholesaler to terminate the designation of an individual as a manager or successor manager without just cause. A supplier has just cause to require termination of the designation of an individual as a manager or successor manager only if the person designated by the wholesaler fails to meet reasonable standards and qualifications. In any action challenging such termination, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications; (I) Take any retaliatory action against a wholesaler who files a complaint with any regulatory body or in any court of law regarding an alleged violation by the supplier of federal, state or local law or of any administrative rule; or (J) Threaten to cancel or withhold credit, or to reduce the time period normally given the wholesaler to make payment on a delivery from the supplier as a means of compelling the wholesaler to meet certain standards of performance in any area of business not directly related to credit. Acts 1990, ch. 618, § 3.
The following are prohibited under this part:
(1) A wholesaler shall not: (A) Transfer the wholesaler's business without giving the supplier written notice of the proposed transfer of the business as required by this part; or (B) Transfer the wholesaler's business without receiving the supplier's written approval for the proposed transfer, where required by an agreement and consistent with this part;
(A) Transfer the wholesaler's business without giving the supplier written notice of the proposed transfer of the business as required by this part; or
(B) Transfer the wholesaler's business without receiving the supplier's written approval for the proposed transfer, where required by an agreement and consistent with this part;
(2) A supplier shall not: (A) Coerce, or attempt to coerce, any wholesaler to do any illegal act or to violate any law or regulation either by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and the wholesaler, or by any other means; (B) Coerce, or attempt to coerce, any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler or, if ordered, has been cancelled by the wholesaler in accordance with reasonable cancellation procedures of the supplier. A supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other wholesalers in Tennessee and adjoining states having an agreement with the supplier; (C) Withhold delivery of beer ordered by a wholesaler or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith; (D) Require a wholesaler to purchase one (1) or more brands of beer or other products in order for the wholesaler to purchase another brand or brands of beer for any reason. If a wholesaler has agreed to distribute a brand or brands before March 1, 1990, that wholesaler shall continue to distribute the brand or brands in conformance with this part; (E) Require a wholesaler to assent to any condition, stipulation or provision unreasonably limiting the wholesaler's right to sell a brand or brands of beer or other products of any other supplier; (F) Require a wholesaler to submit audited financial information, including, but not limited to, profit and loss statements, balance sheets, financial records or specific information regarding competitive brands, as a condition of renewal or continuation of an agreement; (G) Require a wholesaler by any means to participate directly in or contribute to any local or national advertising fund or purchase any merchandising material controlled either directly or indirectly by the supplier; (H) Require a wholesaler to terminate the designation of an individual as a manager or successor manager without just cause. A supplier has just cause to require termination of the designation of an individual as a manager or successor manager only if the person designated by the wholesaler fails to meet reasonable standards and qualifications. In any action challenging such termination, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications; (I) Take any retaliatory action against a wholesaler who files a complaint with any regulatory body or in any court of law regarding an alleged violation by the supplier of federal, state or local law or of any administrative rule; or (J) Threaten to cancel or withhold credit, or to reduce the time period normally given the wholesaler to make payment on a delivery from the supplier as a means of compelling the wholesaler to meet certain standards of performance in any area of business not directly related to credit.
(A) Coerce, or attempt to coerce, any wholesaler to do any illegal act or to violate any law or regulation either by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and the wholesaler, or by any other means;
(B) Coerce, or attempt to coerce, any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler or, if ordered, has been cancelled by the wholesaler in accordance with reasonable cancellation procedures of the supplier. A supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other wholesalers in Tennessee and adjoining states having an agreement with the supplier;
(C) Withhold delivery of beer ordered by a wholesaler or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith;
(D) Require a wholesaler to purchase one (1) or more brands of beer or other products in order for the wholesaler to purchase another brand or brands of beer for any reason. If a wholesaler has agreed to distribute a brand or brands before March 1, 1990, that wholesaler shall continue to distribute the brand or brands in conformance with this part;
(E) Require a wholesaler to assent to any condition, stipulation or provision unreasonably limiting the wholesaler's right to sell a brand or brands of beer or other products of any other supplier;
(F) Require a wholesaler to submit audited financial information, including, but not limited to, profit and loss statements, balance sheets, financial records or specific information regarding competitive brands, as a condition of renewal or continuation of an agreement;
(G) Require a wholesaler by any means to participate directly in or contribute to any local or national advertising fund or purchase any merchandising material controlled either directly or indirectly by the supplier;
(H) Require a wholesaler to terminate the designation of an individual as a manager or successor manager without just cause. A supplier has just cause to require termination of the designation of an individual as a manager or successor manager only if the person designated by the wholesaler fails to meet reasonable standards and qualifications. In any action challenging such termination, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications;
(I) Take any retaliatory action against a wholesaler who files a complaint with any regulatory body or in any court of law regarding an alleged violation by the supplier of federal, state or local law or of any administrative rule; or
(J) Threaten to cancel or withhold credit, or to reduce the time period normally given the wholesaler to make payment on a delivery from the supplier as a means of compelling the wholesaler to meet certain standards of performance in any area of business not directly related to credit.
Acts 1990, ch. 618, § 3.
Tenn. Code Ann. § 57-3-909 — TN Code / Title 57 / Chapter 3 / Section 57-3-909
Exceptions from application of part
Status: in_force

This part shall not apply to sales at retail made where wines are: (1) Sold upon the complete final liquidation of a business; (2) Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court; (3) Closeouts; or (4) Such other occasional discounts as defined by the commission, not to exceed the cost to the retailer. Amended by 2022 Tenn. Acts, ch. 859, s 1, eff. 1/1/2023. Added by 2014 Tenn. Acts, ch. 554, s 30, eff. 7/1/2016.
This part shall not apply to sales at retail made where wines are:
(1) Sold upon the complete final liquidation of a business;
(2) Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court;
(3) Closeouts; or
(4) Such other occasional discounts as defined by the commission, not to exceed the cost to the retailer.
Amended by 2022 Tenn. Acts, ch. 859, s 1, eff. 1/1/2023.
Added by 2014 Tenn. Acts, ch. 554, s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-5-304 — TN Code / Title 57 / Chapter 5 / Section 57-5-304
Outdoor advertisement at retail beer establishments
Status: in_force

(a) No outdoor sign, advertisement or display that advertises beer may be erected or maintained on the property on which a retail beer establishment is located other than one (1) sign, advertisement or display which makes reference to the fact that the establishment sells beer but does not use brand names, pictures, numbers, prices or diagrams relating to beer. (b) This section shall not apply to any sign, advertisement or display erected or maintained by or at the request of a temporary beer permittee or to any sports arena, stadium or entertainment complex. Acts 1988, ch. 487, § 1; 1996, ch. 641, § 6.
(a) No outdoor sign, advertisement or display that advertises beer may be erected or maintained on the property on which a retail beer establishment is located other than one (1) sign, advertisement or display which makes reference to the fact that the establishment sells beer but does not use brand names, pictures, numbers, prices or diagrams relating to beer.
(b) This section shall not apply to any sign, advertisement or display erected or maintained by or at the request of a temporary beer permittee or to any sports arena, stadium or entertainment complex.
Acts 1988, ch. 487, § 1; 1996, ch. 641, § 6.
Tenn. Code Ann. § 57-3-205 — TN Code / Title 57 / Chapter 3 / Section 57-3-205
Location of retail license restricted
Status: in_force

(a) No license entitling the holder thereof to sell or deal in alcoholic spirituous beverages at retail shall be granted with respect to premises not situated within either a municipality as defined in § 57-3-101 or within a civil district of a county, which district shall have a population of thirty thousand (30,000) persons or more, according to the federal census for the year 1950 or any subsequent census, but which civil district shall not have lying either wholly or partially within its boundaries a municipality as defined in § 57-3-101 . (b) This section shall not be construed to apply to any civil district of any county of this state which county has a population of not more than one hundred seventy-eight thousand five hundred (178,500) nor less than one hundred seventy-eight thousand four hundred (178,400), according to the federal census of 1940 or any subsequent federal census. Acts 1939, ch. 49, § 5; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); Acts 1951, ch. 52, § 2; T.C.A. (orig. ed.), § 57-118.
(a) No license entitling the holder thereof to sell or deal in alcoholic spirituous beverages at retail shall be granted with respect to premises not situated within either a municipality as defined in § 57-3-101 or within a civil district of a county, which district shall have a population of thirty thousand (30,000) persons or more, according to the federal census for the year 1950 or any subsequent census, but which civil district shall not have lying either wholly or partially within its boundaries a municipality as defined in § 57-3-101 .
(b) This section shall not be construed to apply to any civil district of any county of this state which county has a population of not more than one hundred seventy-eight thousand five hundred (178,500) nor less than one hundred seventy-eight thousand four hundred (178,400), according to the federal census of 1940 or any subsequent federal census.
Acts 1939, ch. 49, § 5; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); Acts 1951, ch. 52, § 2; T.C.A. (orig. ed.), § 57-118.
Tenn. Code Ann. § 57-5-411 — TN Code / Title 57 / Chapter 5 / Section 57-5-411
Disposition of seized property - Application of proceeds - Taxes paid before delivery of property
Status: in_force

(a) In the event the ruling of the commissioner is favorable to the claimant, the commissioner shall deliver to the claimant the property so seized. If the ruling is adverse to the claimant, or if a hearing is not applied for in writing within the ten (10) days following notice, and the commissioner determines the products to be salable, the commissioner is authorized to order sale of the property in the manner as herein provided, applying the proceeds from the sale first to the costs incurred in the seizure and sale of such articles and the balance, if any, to the state general fund, to be apportioned as tax under § 57-5-205 . In the case of any contraband property seized by any law enforcement officer of any incorporated municipality or of any county and turned over by them to the department for confiscation, there shall be paid to the municipality or to the county served by such officer fifty percent (50%) of the net proceeds thereof. Any such beer, other beverages or vehicles so seized and ordered sold by the commissioner shall be sold at public sale by the department of general services, and the procedure to be followed shall be the same as now authorized by law under § 67-4-1021 . It shall be incumbent upon the commissioner to notify a Tennessee distributor handling the same brand(s) of beer and/or other such beverages as that seized of such seizure and impending sale. All confiscated beer, suitable for sale at retail, shall first be offered for sale to the Tennessee wholesaler located nearest the site of the seizure engaged in handling the particular brand of beer involved at the same per case price (state beer barrelage tax included) that the wholesaler would be required to pay for such beer at the brewery. All confiscated beer "suitable for sale at retail" not purchased within ten (10) days by the Tennessee wholesaler, after being notified that such beer had been confiscated and was being offered for sale to such wholesaler, then shall be sold at public sale by the department of general services. (b) The seventeen percent (17%) wholesale beer tax as authorized in § 57-6-103 shall be added to the public sale price and the funds derived shall be remitted to the city in which the public sale is held. "Suitable for sale at retail" is determined by the commissioner. (c) The commissioner, before delivering any seized property to the successful bidder, shall require any tax due thereon to be paid to the department of revenue. Any seized beer or other beverages not sold within ninety (90) days following hearing, or declared to be unsalable by the commissioner, shall be destroyed by the commissioner in a manner which the commissioner may prescribe. Impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; Acts 1969, ch. 299, § 3; 1972, ch. 448, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1973, ch. 68, § 8; T.C.A., § 57-234.
(a) In the event the ruling of the commissioner is favorable to the claimant, the commissioner shall deliver to the claimant the property so seized. If the ruling is adverse to the claimant, or if a hearing is not applied for in writing within the ten (10) days following notice, and the commissioner determines the products to be salable, the commissioner is authorized to order sale of the property in the manner as herein provided, applying the proceeds from the sale first to the costs incurred in the seizure and sale of such articles and the balance, if any, to the state general fund, to be apportioned as tax under § 57-5-205 . In the case of any contraband property seized by any law enforcement officer of any incorporated municipality or of any county and turned over by them to the department for confiscation, there shall be paid to the municipality or to the county served by such officer fifty percent (50%) of the net proceeds thereof. Any such beer, other beverages or vehicles so seized and ordered sold by the commissioner shall be sold at public sale by the department of general services, and the procedure to be followed shall be the same as now authorized by law under § 67-4-1021 . It shall be incumbent upon the commissioner to notify a Tennessee distributor handling the same brand(s) of beer and/or other such beverages as that seized of such seizure and impending sale. All confiscated beer, suitable for sale at retail, shall first be offered for sale to the Tennessee wholesaler located nearest the site of the seizure engaged in handling the particular brand of beer involved at the same per case price (state beer barrelage tax included) that the wholesaler would be required to pay for such beer at the brewery. All confiscated beer "suitable for sale at retail" not purchased within ten (10) days by the Tennessee wholesaler, after being notified that such beer had been confiscated and was being offered for sale to such wholesaler, then shall be sold at public sale by the department of general services.
(b) The seventeen percent (17%) wholesale beer tax as authorized in § 57-6-103 shall be added to the public sale price and the funds derived shall be remitted to the city in which the public sale is held. "Suitable for sale at retail" is determined by the commissioner.
(c) The commissioner, before delivering any seized property to the successful bidder, shall require any tax due thereon to be paid to the department of revenue. Any seized beer or other beverages not sold within ninety (90) days following hearing, or declared to be unsalable by the commissioner, shall be destroyed by the commissioner in a manner which the commissioner may prescribe.
Impl. am. Acts 1959, ch. 9, § 5; impl. am. Acts 1961, ch. 97, § 5; Acts 1969, ch. 299, § 3; 1972, ch. 448, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1973, ch. 68, § 8; T.C.A., § 57-234.
Tenn. Code Ann. § 57-9-111 — TN Code / Title 57 / Chapter 9 / Section 57-9-111
Claimants of liquor - Petition
Status: in_force

All persons claiming any interest in intoxicating liquors seized in accordance with this part shall do so by petition, which petition shall be filed in the circuit or criminal court of the county in which such liquors were seized, within ten (10) days after the filing of the statement showing the seizure thereof required in § 57-9-104 ; provided, however, that persons for whom advertisement is made by notice as herein required may file such petition within the time set out in such notice. It shall be the duty of the sheriff to ascertain what notices have been posted by the clerk in accordance with this part and make return thereof to the court as hereinbefore provided. Acts 1919, ch. 50, § 8; Shan. Supp., § 6798a19b8; Code 1932, § 11231; T.C.A. (orig. ed.), § 57-612.
All persons claiming any interest in intoxicating liquors seized in accordance with this part shall do so by petition, which petition shall be filed in the circuit or criminal court of the county in which such liquors were seized, within ten (10) days after the filing of the statement showing the seizure thereof required in § 57-9-104 ; provided, however, that persons for whom advertisement is made by notice as herein required may file such petition within the time set out in such notice. It shall be the duty of the sheriff to ascertain what notices have been posted by the clerk in accordance with this part and make return thereof to the court as hereinbefore provided.
Acts 1919, ch. 50, § 8; Shan. Supp., § 6798a19b8; Code 1932, § 11231; T.C.A. (orig. ed.), § 57-612.
Tenn. Code Ann. § 57-3-1006 — TN Code / Title 57 / Chapter 3 / Section 57-3-1006
Parties injured by violations - Right to maintain action - Injunction - Damages
Status: in_force

(a) (1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation. (2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit. (3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff. (b) In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a). Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
(a) (1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation. (2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit. (3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
(1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.
(2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit.
(3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
(b) In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a).
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
Tenn. Code Ann. § 57-5-502 — TN Code / Title 57 / Chapter 5 / Section 57-5-502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Agreement" means any agreement between a wholesaler and a supplier, oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer with an alcoholic content of five percent (5%) by weight or less sold by a supplier; (2) "Ancillary business" means: (A) A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing or marketing of the supplier's products; or (B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, which recycles empty beverage containers; (3) "Designated member" means: (A) The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest in a wholesaler; (B) Any person who inherits an ownership interest in a wholesaler; (C) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an interest in a wholesaler; or (D) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an interest in a wholesaler; (4) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under § 47-2-103(1)(b) ; (5) "Person" means any individual, partnership, corporation, association, syndicate, or any other combination of individuals; (6) "Reasonable standards and qualifications" means those criteria established and consistently applied by a supplier to wholesalers in Tennessee and adjoining states who: (A) Have entered into, continued or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business; or (B) Have changed managers or successor managers during a period of twenty-four (24) months prior to the proposed change in manager or successor manager of the wholesaler's business; (7) "Retaliatory action" includes, but is not limited to, the refusal to continue an agreement or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith; (8) "Substantial stockholder" or "substantial partner" means a stockholder of or partner in the wholesaler who owns an interest of ten percent (10%) or more of the partnership or of the capital stock of a corporate wholesaler; (9) "Supplier" means a manufacturer or importer of beer; (10) "Transfer of wholesaler's business" or "transfer of the wholesaler's business" means the voluntary sale, assignment or other transfer of all or control of the business, or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler; and (11) "Wholesaler" means a person or entity that sells beer to retailers, but does not include any manufacturer authorized to sell directly to retailers pursuant to § 57-5-101 . Amended by 2015 Tenn. Acts, ch. 19,s 4, eff. 3/27/2015. Amended by 2014 Tenn. Acts, ch. 861,Secs.s18, s19 eff. 5/1/2014. Acts 1990, ch. 618, § 2.
As used in this part, unless the context otherwise requires:
(1) "Agreement" means any agreement between a wholesaler and a supplier, oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer with an alcoholic content of five percent (5%) by weight or less sold by a supplier;
(2) "Ancillary business" means: (A) A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing or marketing of the supplier's products; or (B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, which recycles empty beverage containers;
(A) A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing or marketing of the supplier's products; or
(B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, which recycles empty beverage containers;
(3) "Designated member" means: (A) The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest in a wholesaler; (B) Any person who inherits an ownership interest in a wholesaler; (C) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an interest in a wholesaler; or (D) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an interest in a wholesaler;
(A) The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest in a wholesaler;
(B) Any person who inherits an ownership interest in a wholesaler;
(C) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an interest in a wholesaler; or
(D) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an interest in a wholesaler;
(4) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under § 47-2-103(1)(b) ;
(5) "Person" means any individual, partnership, corporation, association, syndicate, or any other combination of individuals;
(6) "Reasonable standards and qualifications" means those criteria established and consistently applied by a supplier to wholesalers in Tennessee and adjoining states who: (A) Have entered into, continued or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business; or (B) Have changed managers or successor managers during a period of twenty-four (24) months prior to the proposed change in manager or successor manager of the wholesaler's business;
(A) Have entered into, continued or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business; or
(B) Have changed managers or successor managers during a period of twenty-four (24) months prior to the proposed change in manager or successor manager of the wholesaler's business;
(7) "Retaliatory action" includes, but is not limited to, the refusal to continue an agreement or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith;
(8) "Substantial stockholder" or "substantial partner" means a stockholder of or partner in the wholesaler who owns an interest of ten percent (10%) or more of the partnership or of the capital stock of a corporate wholesaler;
(9) "Supplier" means a manufacturer or importer of beer;
(10) "Transfer of wholesaler's business" or "transfer of the wholesaler's business" means the voluntary sale, assignment or other transfer of all or control of the business, or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler; and
(11) "Wholesaler" means a person or entity that sells beer to retailers, but does not include any manufacturer authorized to sell directly to retailers pursuant to § 57-5-101 .
Amended by 2015 Tenn. Acts, ch. 19,s 4, eff. 3/27/2015.
Amended by 2014 Tenn. Acts, ch. 861,Secs.s18, s19 eff. 5/1/2014.
Acts 1990, ch. 618, § 2.
Tenn. Code Ann. § 57-3-815 — TN Code / Title 57 / Chapter 3 / Section 57-3-815
Wholesaler, manufacturer, winery, or nonresident seller's permit holder prohibited from providing certain services to licensee - Delivery of wine - Merchandising assistance
Status: in_force

(a) No wholesaler licensed under § 57-3-203 and no manufacturer, winery, nonresident seller's permit holder or any employee, agent, representative or salesperson employed by or representing any such wholesaler, manufacturer, winery or nonresident seller's permit holder shall provide any services to or for the benefit of a retail food store wine licensee including, but not limited to, services involving shelving, dressing, displaying, or setting inventory owned or purchased by the retail food store licensee. A wholesaler may deliver wine to the premises of a retail food store wine licensee any time at which the wholesaler and the retail food store wine licensee's manager mutually agree in accordance with the ordinary and customary practices of the two industries, regardless of whether the retail food store wine licensee is open to the public, and may deliver wine to a location upon the licensed premises as directed by the retail food store wine licensee. (b) Notwithstanding subsection (a), a wholesaler, including the wholesaler's agents, servants, or employees, may provide merchandising assistance to a retail food store wine licensee pursuant to this subsection (b). Wholesalers may build and stock wholesaler displays of wine on the premises of a retail food store wine licensee. Wholesaler displays must not be part of the retail food store's regular shelving. Wholesalers may replenish wholesaler displays for a maximum period of one (1) month after the initial display has been installed. Wholesalers shall not price the wholesaler displays and shall not provide any other services or things of value to the retail food store wine licensee. Amended by 2017 Tenn. Acts, ch. 443,Secs.s1, s2 eff. 5/25/2017. Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
(a) No wholesaler licensed under § 57-3-203 and no manufacturer, winery, nonresident seller's permit holder or any employee, agent, representative or salesperson employed by or representing any such wholesaler, manufacturer, winery or nonresident seller's permit holder shall provide any services to or for the benefit of a retail food store wine licensee including, but not limited to, services involving shelving, dressing, displaying, or setting inventory owned or purchased by the retail food store licensee. A wholesaler may deliver wine to the premises of a retail food store wine licensee any time at which the wholesaler and the retail food store wine licensee's manager mutually agree in accordance with the ordinary and customary practices of the two industries, regardless of whether the retail food store wine licensee is open to the public, and may deliver wine to a location upon the licensed premises as directed by the retail food store wine licensee.
(b) Notwithstanding subsection (a), a wholesaler, including the wholesaler's agents, servants, or employees, may provide merchandising assistance to a retail food store wine licensee pursuant to this subsection (b). Wholesalers may build and stock wholesaler displays of wine on the premises of a retail food store wine licensee. Wholesaler displays must not be part of the retail food store's regular shelving. Wholesalers may replenish wholesaler displays for a maximum period of one (1) month after the initial display has been installed. Wholesalers shall not price the wholesaler displays and shall not provide any other services or things of value to the retail food store wine licensee.
Amended by 2017 Tenn. Acts, ch. 443,Secs.s1, s2 eff. 5/25/2017.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-5-106 — TN Code / Title 57 / Chapter 5 / Section 57-5-106
Licensing powers of cities, towns, and Class B counties
Status: in_force

(a) All incorporated cities, towns and Class B counties in this state are authorized to pass proper ordinances governing the issuance and revocation or suspension of licenses for the storage, sale, manufacture and/or distribution of beer within the corporate limits of the cities and towns and within the general services districts of Class B counties outside the limits of any smaller cities as defined in § 7-1-101 and to provide a board of persons before whom such application shall be made, but the power of such cities, towns and Class B counties to issue licenses shall in no event be greater than the power herein granted to counties, but cities, towns and Class B counties may impose additional restrictions, fixing zones and territories and provide hours of opening and closing and such other rules and regulations as will promote public health, morals and safety as they may by ordinance provide. The ordinance power granted to a municipality by this subsection (a) does not permit a municipality to establish residency requirements for its applicants. The ordinance power granted to a municipality by this section does not permit a municipality to impose training or certification restrictions or requirements on employees of a permittee if those employees possess a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title. (b) Cities, towns and Class B counties may authorize the sale of beer in the rooms of regularly conducted hotels and motels and in regularly incorporated clubs and lodges. (c) (1) Notwithstanding subsection (a), any county that is the owner of property used as a park that is within the corporate boundaries of a municipality within that county has the exclusive authority to issue, revoke, and suspend licenses for the storage, sale, manufacture, and distribution of beer within the boundaries of the park consistent with the county rules governing the issuance, revocation, and suspension of licenses for other locations in the county, except there is no restriction of distance from residences or churches, schools, or other public gathering places. (2) This subsection (c) applies only in counties with a population of not less than one hundred seventy-two thousand three hundred (172,300) nor more than one hundred seventy-two thousand four hundred (172,400), according to the 2010 federal census or any subsequent federal census. Amended by 2018 Tenn. Acts, ch. 944,s 1, eff. 5/15/2018. Acts 1933, ch. 69, § 10; C. Supp. 1950, § 1191.14; Acts 1965, ch. 321, § 3; T.C.A. (orig. ed), § 57-208; Acts 1981, ch. 377, § 1; 1983, ch. 386, § 6; 1993, ch. 297, § 7; 1993, ch. 451, § 3; T.C.A., § 57-5-108 ; Acts 1995, ch. 396, § 8.
(a) All incorporated cities, towns and Class B counties in this state are authorized to pass proper ordinances governing the issuance and revocation or suspension of licenses for the storage, sale, manufacture and/or distribution of beer within the corporate limits of the cities and towns and within the general services districts of Class B counties outside the limits of any smaller cities as defined in § 7-1-101 and to provide a board of persons before whom such application shall be made, but the power of such cities, towns and Class B counties to issue licenses shall in no event be greater than the power herein granted to counties, but cities, towns and Class B counties may impose additional restrictions, fixing zones and territories and provide hours of opening and closing and such other rules and regulations as will promote public health, morals and safety as they may by ordinance provide. The ordinance power granted to a municipality by this subsection (a) does not permit a municipality to establish residency requirements for its applicants. The ordinance power granted to a municipality by this section does not permit a municipality to impose training or certification restrictions or requirements on employees of a permittee if those employees possess a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title.
(b) Cities, towns and Class B counties may authorize the sale of beer in the rooms of regularly conducted hotels and motels and in regularly incorporated clubs and lodges.
(c) (1) Notwithstanding subsection (a), any county that is the owner of property used as a park that is within the corporate boundaries of a municipality within that county has the exclusive authority to issue, revoke, and suspend licenses for the storage, sale, manufacture, and distribution of beer within the boundaries of the park consistent with the county rules governing the issuance, revocation, and suspension of licenses for other locations in the county, except there is no restriction of distance from residences or churches, schools, or other public gathering places. (2) This subsection (c) applies only in counties with a population of not less than one hundred seventy-two thousand three hundred (172,300) nor more than one hundred seventy-two thousand four hundred (172,400), according to the 2010 federal census or any subsequent federal census.
(1) Notwithstanding subsection (a), any county that is the owner of property used as a park that is within the corporate boundaries of a municipality within that county has the exclusive authority to issue, revoke, and suspend licenses for the storage, sale, manufacture, and distribution of beer within the boundaries of the park consistent with the county rules governing the issuance, revocation, and suspension of licenses for other locations in the county, except there is no restriction of distance from residences or churches, schools, or other public gathering places.
(2) This subsection (c) applies only in counties with a population of not less than one hundred seventy-two thousand three hundred (172,300) nor more than one hundred seventy-two thousand four hundred (172,400), according to the 2010 federal census or any subsequent federal census.
Amended by 2018 Tenn. Acts, ch. 944,s 1, eff. 5/15/2018.
Acts 1933, ch. 69, § 10; C. Supp. 1950, § 1191.14; Acts 1965, ch. 321, § 3; T.C.A. (orig. ed), § 57-208; Acts 1981, ch. 377, § 1; 1983, ch. 386, § 6; 1993, ch. 297, § 7; 1993, ch. 451, § 3; T.C.A., § 57-5-108 ; Acts 1995, ch. 396, § 8.
Tenn. Code Ann. § 57-1-210 — TN Code / Title 57 / Chapter 1 / Section 57-1-210
Commission - Authority to investigate and/or arrest
Status: in_force

In addition to the other duties imposed under this chapter, the commission is authorized to investigate and/or to arrest, without warrant or process of any kind, any person whom the arresting officer has probable cause to believe is committing or attempting to commit a felony in violation of title 39, chapter 17, part 4, if the felony is committed on premises licensed by the commission, on any premises under investigation by the commission in conjunction with its other duties and responsibilities, and/or any other premises selling alcoholic beverages as defined in § 57-3-101 , whether licensed or unlicensed. Acts 1991, ch. 166, § 1.
In addition to the other duties imposed under this chapter, the commission is authorized to investigate and/or to arrest, without warrant or process of any kind, any person whom the arresting officer has probable cause to believe is committing or attempting to commit a felony in violation of title 39, chapter 17, part 4, if the felony is committed on premises licensed by the commission, on any premises under investigation by the commission in conjunction with its other duties and responsibilities, and/or any other premises selling alcoholic beverages as defined in § 57-3-101 , whether licensed or unlicensed.
Acts 1991, ch. 166, § 1.
Tenn. Code Ann. § 57-3-904 — TN Code / Title 57 / Chapter 3 / Section 57-3-904
Assisting or aiding violation of part - Penalty
Status: in_force

Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor. Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-9-102 — TN Code / Title 57 / Chapter 9 / Section 57-9-102
Arrest of persons implicated in manufacture
Status: in_force

It shall be the duty of such officer to make arrests of any and all persons implicated, aiding or abetting in the manufacture of intoxicating liquors, and take them before the proper officials and have them tried upon such charge. Acts 1919, ch. 20, § 3; Shan. Supp., § 6798a19b20; Code 1932, § 11241; T.C.A. (orig. ed.), § 57-603.
It shall be the duty of such officer to make arrests of any and all persons implicated, aiding or abetting in the manufacture of intoxicating liquors, and take them before the proper officials and have them tried upon such charge.
Acts 1919, ch. 20, § 3; Shan. Supp., § 6798a19b20; Code 1932, § 11241; T.C.A. (orig. ed.), § 57-603.
Tenn. Code Ann. § 57-2-107 — TN Code / Title 57 / Chapter 2 / Section 57-2-107
Hours of sale for licensed manufacturer to sell at retail
Status: in_force

The hours of sale for a manufacturer licensed to sell products at retail under § 57-3-204(e) shall be the same as for a manufacturer licensed to sell products at retail under § 57-3-202 . Added by 2013 Tenn. Acts, ch. 341,s 3, eff. 7/1/2013.
The hours of sale for a manufacturer licensed to sell products at retail under § 57-3-204(e) shall be the same as for a manufacturer licensed to sell products at retail under § 57-3-202 .
Added by 2013 Tenn. Acts, ch. 341,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 57-3-813 — TN Code / Title 57 / Chapter 3 / Section 57-3-813
Prohibition against credit sales to licensee by wholesaler
Status: in_force

No wholesaler shall sell any product to a retail food store wine licensee on credit and payment for all sales to such licensee by a wholesaler shall be effected upon delivery of the product. In order to facilitate the implementation of this section, all payments to wholesalers by such licensees shall be made by electronic funds transfer, credit card, debit card, or such other method as approved by the commission that will facilitate full payment at or near the time of delivery. Amended by 2014 Tenn. Acts, ch. 1015,s 7, eff. 4/16/2014. Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
No wholesaler shall sell any product to a retail food store wine licensee on credit and payment for all sales to such licensee by a wholesaler shall be effected upon delivery of the product. In order to facilitate the implementation of this section, all payments to wholesalers by such licensees shall be made by electronic funds transfer, credit card, debit card, or such other method as approved by the commission that will facilitate full payment at or near the time of delivery.
Amended by 2014 Tenn. Acts, ch. 1015,s 7, eff. 4/16/2014.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-6-107 — TN Code / Title 57 / Chapter 6 / Section 57-6-107
Wholesaler's bond - Collection of delinquent taxes - Penalties
Status: in_force

(a) Every wholesaler shall furnish an indemnity or personal bond, satisfactory to the department and payable to the department, as agent of the counties and municipalities involved, in an amount equivalent to the amount of gross tax payable under this part, based on the wholesaler's highest month's sales in the preceding twelve (12) months or on an estimate of sales in the case of a wholesaler just commencing business. In no event shall a bond in excess of ten thousand dollars ($10,000) be required. (b) Should any wholesaler fail or refuse to remit the tax on or before the twentieth of the month when due, the department or any county or municipality concerned may institute legal action for collection of such delinquent taxes by any method now authorized by law for the collection of delinquent privileges taxes, or by suit. (c) In addition to the hereinabove authorized powers and penalties, the suspension and revocation powers conferred in § 57-5-108 upon county legislative bodies and other governmental bodies referred to therein are likewise conferred herein upon the commissioner, as they may relate to persons to whom certificates of registration are issued by the commissioner under § 57-5-102 . Such suspension and revocation powers may be invoked for the failure of such person to file any report required by this part, or for the filing of a false or fraudulent report, or for the failure to pay tax due by any such licensee with the intent to defraud under this part and rules and regulations promulgated pursuant thereto and for no other reasons. The remedy provided by § 57-5-108 shall, likewise, be the only method of reviewing orders of the commissioner revoking or suspending such certificates of registration as authorized herein. (d) In lieu of a corporate surety on the bond required by subsection (a), the commissioner may allow the wholesaler to secure such bond by depositing collateral in the form of a certificate of deposit as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner. Interest on any deposited certificate of deposit shall be payable to the wholesaler who has deposited it as collateral, or to such person as the wholesaler or the certificate may direct. (e) (1) If a wholesaler has been in continuous operation for three (3) consecutive years and during the preceding six (6) months has paid all taxes payable under this part on or before the twentieth of the month when due, then the wholesaler shall not be required to furnish any indemnity or personal bond required by this section. (2) Any wholesaler exempted from the bonding requirement of this section who fails to pay any tax payable under this part on or before the twentieth of the month when due, shall, upon such failure, be required to furnish an indemnity or personal bond as provided in this section. Acts 1953, ch. 76, § 9 (Williams, § 1051.26); Acts 1973, ch. 6, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-309; Acts 1980, ch. 885, § 7; 1987, ch. 160, § 1; 1988, ch. 519, § 2; 1988, ch. 526, § 16; 1992, ch. 607, § 2; 1996, ch. 641, § 7.
(a) Every wholesaler shall furnish an indemnity or personal bond, satisfactory to the department and payable to the department, as agent of the counties and municipalities involved, in an amount equivalent to the amount of gross tax payable under this part, based on the wholesaler's highest month's sales in the preceding twelve (12) months or on an estimate of sales in the case of a wholesaler just commencing business. In no event shall a bond in excess of ten thousand dollars ($10,000) be required.
(b) Should any wholesaler fail or refuse to remit the tax on or before the twentieth of the month when due, the department or any county or municipality concerned may institute legal action for collection of such delinquent taxes by any method now authorized by law for the collection of delinquent privileges taxes, or by suit.
(c) In addition to the hereinabove authorized powers and penalties, the suspension and revocation powers conferred in § 57-5-108 upon county legislative bodies and other governmental bodies referred to therein are likewise conferred herein upon the commissioner, as they may relate to persons to whom certificates of registration are issued by the commissioner under § 57-5-102 . Such suspension and revocation powers may be invoked for the failure of such person to file any report required by this part, or for the filing of a false or fraudulent report, or for the failure to pay tax due by any such licensee with the intent to defraud under this part and rules and regulations promulgated pursuant thereto and for no other reasons. The remedy provided by § 57-5-108 shall, likewise, be the only method of reviewing orders of the commissioner revoking or suspending such certificates of registration as authorized herein.
(d) In lieu of a corporate surety on the bond required by subsection (a), the commissioner may allow the wholesaler to secure such bond by depositing collateral in the form of a certificate of deposit as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner. Interest on any deposited certificate of deposit shall be payable to the wholesaler who has deposited it as collateral, or to such person as the wholesaler or the certificate may direct.
(e) (1) If a wholesaler has been in continuous operation for three (3) consecutive years and during the preceding six (6) months has paid all taxes payable under this part on or before the twentieth of the month when due, then the wholesaler shall not be required to furnish any indemnity or personal bond required by this section. (2) Any wholesaler exempted from the bonding requirement of this section who fails to pay any tax payable under this part on or before the twentieth of the month when due, shall, upon such failure, be required to furnish an indemnity or personal bond as provided in this section.
(1) If a wholesaler has been in continuous operation for three (3) consecutive years and during the preceding six (6) months has paid all taxes payable under this part on or before the twentieth of the month when due, then the wholesaler shall not be required to furnish any indemnity or personal bond required by this section.
(2) Any wholesaler exempted from the bonding requirement of this section who fails to pay any tax payable under this part on or before the twentieth of the month when due, shall, upon such failure, be required to furnish an indemnity or personal bond as provided in this section.
Acts 1953, ch. 76, § 9 (Williams, § 1051.26); Acts 1973, ch. 6, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-309; Acts 1980, ch. 885, § 7; 1987, ch. 160, § 1; 1988, ch. 519, § 2; 1988, ch. 526, § 16; 1992, ch. 607, § 2; 1996, ch. 641, § 7.
Tenn. Code Ann. § 57-3-208 — TN Code / Title 57 / Chapter 3 / Section 57-3-208
Certificate required - Contents - Exceptions
Status: in_force

(a) As a condition precedent to the issuance of a license under § 57-3-204 , every applicant for a license under that section shall submit with the application to the commission a certificate signed by the county mayor or chair of the county commission in which the licensed premises are to be located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council, or legislative body of the municipality, by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality. (b) (1) The certificate must state: (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; (B) That the applicant or applicants have secured a location for the business which complies with all restrictions of any local law, ordinance, or resolution, duly adopted by the local jurisdiction, as to the location of the business; (C) That the applicant or applicants have complied with any local law, ordinance or resolution duly adopted by the local authorities regulating the number of retail licenses to be issued within the jurisdiction; (D) The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal. (2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A). (c) Municipalities and counties are hereby authorized to limit the location of retail liquor stores and the number of licenses issued within their jurisdictions. No local law, ordinance or resolution may limit the location and number of licenses authorized under § 57-3-204 , so as to unreasonably restrict the availability of alcoholic beverages for the residents of such municipalities and counties. A local jurisdiction may impose reasonable residency requirements on any applicant. However, if a local jurisdiction does impose such residency requirements, such local jurisdiction shall not be authorized to impose any residency requirement on any applicant who has been continuously licensed pursuant to § 57-3-204 for seven (7) consecutive years. (d) An applicant may seek review of the denial of a certificate by instituting an action in the chancery court having jurisdiction over the municipality or county within sixty (60) days of the denial. (e) A failure on the part of the issuing authority to grant or deny the certificate within sixty (60) days of the written application for such shall be deemed a granting of the certificate. (f) The requirement imposed by this section to submit a certificate shall not be applicable to any applicant if: (1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or (2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsections (c) and (d). Amended by 2019 Tenn. Acts, ch. 136, s 4, eff. 8/1/2019. Amended by 2018 Tenn. Acts, ch. 783, s 12, eff. 4/20/2018. Amended by 2018 Tenn. Acts, ch. 783, s 14, eff. 4/20/2018. Amended by 2017 Tenn. Acts, ch. 357, s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 269, s 2, eff. 4/24/2015. Acts 1939, ch. 49, § 9a, as added by Acts 1949, ch. 284, § 5; C. Supp. 1950, § 6648.14a (Williams, § 6648.12a); Acts 1951, ch. 52, § 2; impl. am. Acts 1963, ch. 257, § 24; Acts 1976, ch. 438, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 57-121; Acts 1980, ch. 894, § 1; 1981, ch. 84, §§ 1, 2; 1993, ch. 451, §§ 1, 2; 2003, ch. 90, § 2; 2015, ch. 269, § 2; 2017, ch. 357, § 1; 2018, ch. 783, § 12; 2019, ch. 136, § 4.
(a) As a condition precedent to the issuance of a license under § 57-3-204 , every applicant for a license under that section shall submit with the application to the commission a certificate signed by the county mayor or chair of the county commission in which the licensed premises are to be located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council, or legislative body of the municipality, by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality.
(b) (1) The certificate must state: (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; (B) That the applicant or applicants have secured a location for the business which complies with all restrictions of any local law, ordinance, or resolution, duly adopted by the local jurisdiction, as to the location of the business; (C) That the applicant or applicants have complied with any local law, ordinance or resolution duly adopted by the local authorities regulating the number of retail licenses to be issued within the jurisdiction; (D) The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal. (2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A).
(1) The certificate must state: (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; (B) That the applicant or applicants have secured a location for the business which complies with all restrictions of any local law, ordinance, or resolution, duly adopted by the local jurisdiction, as to the location of the business; (C) That the applicant or applicants have complied with any local law, ordinance or resolution duly adopted by the local authorities regulating the number of retail licenses to be issued within the jurisdiction; (D) The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal.
(A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application;
(B) That the applicant or applicants have secured a location for the business which complies with all restrictions of any local law, ordinance, or resolution, duly adopted by the local jurisdiction, as to the location of the business;
(C) That the applicant or applicants have complied with any local law, ordinance or resolution duly adopted by the local authorities regulating the number of retail licenses to be issued within the jurisdiction;
(D) The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal.
(2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A).
(c) Municipalities and counties are hereby authorized to limit the location of retail liquor stores and the number of licenses issued within their jurisdictions. No local law, ordinance or resolution may limit the location and number of licenses authorized under § 57-3-204 , so as to unreasonably restrict the availability of alcoholic beverages for the residents of such municipalities and counties. A local jurisdiction may impose reasonable residency requirements on any applicant. However, if a local jurisdiction does impose such residency requirements, such local jurisdiction shall not be authorized to impose any residency requirement on any applicant who has been continuously licensed pursuant to § 57-3-204 for seven (7) consecutive years.
(d) An applicant may seek review of the denial of a certificate by instituting an action in the chancery court having jurisdiction over the municipality or county within sixty (60) days of the denial.
(e) A failure on the part of the issuing authority to grant or deny the certificate within sixty (60) days of the written application for such shall be deemed a granting of the certificate.
(f) The requirement imposed by this section to submit a certificate shall not be applicable to any applicant if: (1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or (2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsections (c) and (d).
(1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or
(2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsections (c) and (d).
Amended by 2019 Tenn. Acts, ch. 136, s 4, eff. 8/1/2019.
Amended by 2018 Tenn. Acts, ch. 783, s 12, eff. 4/20/2018.
Amended by 2018 Tenn. Acts, ch. 783, s 14, eff. 4/20/2018.
Amended by 2017 Tenn. Acts, ch. 357, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 269, s 2, eff. 4/24/2015.
Acts 1939, ch. 49, § 9a, as added by Acts 1949, ch. 284, § 5; C. Supp. 1950, § 6648.14a (Williams, § 6648.12a); Acts 1951, ch. 52, § 2; impl. am. Acts 1963, ch. 257, § 24; Acts 1976, ch. 438, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 57-121; Acts 1980, ch. 894, § 1; 1981, ch. 84, §§ 1, 2; 1993, ch. 451, §§ 1, 2; 2003, ch. 90, § 2; 2015, ch. 269, § 2; 2017, ch. 357, § 1; 2018, ch. 783, § 12; 2019, ch. 136, § 4.
Tenn. Code Ann. § 57-5-109 — TN Code / Title 57 / Chapter 5 / Section 57-5-109
Proximity to schools, residences, churches, places of public gatherings
Status: in_force

(a) A city or county shall not suspend, revoke or deny a permit to a business engaged in selling, distributing or manufacturing beer on the basis of the proximity of the business to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location. This section shall not apply if beer is not sold, distributed or manufactured at that location during any continuous six-month period. (b) For the purposes of this section, "on that same location" means within the boundaries of the parcel or tract of the real property on which the business was located. This section applies whether or not a business moves the building on the location and whether or not the business was a conforming or nonconforming use at the time of the move. (c) If a business applies for a beer permit within the continuous six-month period referenced in this section, and if the city or county denies the business a permit and if the business appeals that denial, a new six-month continuous sale period shall begin to run on the date when the appeal of that denial is final. Acts 1993, ch. 297, § 9; 1997, ch. 560, § 1; 2002, ch. 744, § 1; 2004, ch. 598, § 2.
(a) A city or county shall not suspend, revoke or deny a permit to a business engaged in selling, distributing or manufacturing beer on the basis of the proximity of the business to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location. This section shall not apply if beer is not sold, distributed or manufactured at that location during any continuous six-month period.
(b) For the purposes of this section, "on that same location" means within the boundaries of the parcel or tract of the real property on which the business was located. This section applies whether or not a business moves the building on the location and whether or not the business was a conforming or nonconforming use at the time of the move.
(c) If a business applies for a beer permit within the continuous six-month period referenced in this section, and if the city or county denies the business a permit and if the business appeals that denial, a new six-month continuous sale period shall begin to run on the date when the appeal of that denial is final.
Acts 1993, ch. 297, § 9; 1997, ch. 560, § 1; 2002, ch. 744, § 1; 2004, ch. 598, § 2.
Tenn. Code Ann. § 57-3-1103 — TN Code / Title 57 / Chapter 3 / Section 57-3-1103
Promulgation of rules by board
Status: in_force

The board may promulgate rules for the purpose of carrying out this part. Added by 2019 Tenn. Acts, ch. 444,s 3, eff. 7/1/2019.
The board may promulgate rules for the purpose of carrying out this part.
Added by 2019 Tenn. Acts, ch. 444,s 3, eff. 7/1/2019.
Tenn. Code Ann. § 57-3-224 — TN Code / Title 57 / Chapter 3 / Section 57-3-224
Delivery service license
Status: in_force

(a) (1) There is created a delivery service license to be issued by the commission to any delivery service that delivers or facilitates delivery of prepared food from restaurants or items from a retail store to customers as part of the delivery service's business and seeks to deliver sealed packages of alcoholic beverages or beer or both sold by any retailer licensed under this chapter, or an off-premises retail permittee licensed under § 57-5-103 as part of such delivery service. If a delivery service licensed under this section is delivering alcoholic beverages or beer purchased from a retailer in accordance with this subsection (a), the delivery service shall not deliver the alcoholic beverages or beer to a customer who resides or is located at the time of the delivery: (A) More than fifty (50) miles from the licensed premises of the retailer at which the alcoholic beverages or beer were purchased; or (B) In any county other than the county in which such retailer is located or a county contiguous to such county. (2) A delivery service includes, for purposes of this title, a technology services company that provides software or an application for connecting customers, retailers, or restaurants to a delivery driver. A delivery service does not include, and no license is required under this title to operate, a technology services company that does not employ or contract with delivery drivers but rather provides software or an application that connects retail licensees with consumers for the delivery of alcoholic beverages or beer from the retailer pursuant to § 57-3-406(j) or a company that ships wine pursuant to § 57-3-217 . This section does not apply to a "motor carrier" or "freight forwarder" as those terms are defined in 49 U.S.C. § 13102 , or to an "air carrier" as that term is defined in 49 U.S.C. § 40102 . (3) A delivery service licensee may charge a fee based on a percentage of the sales of the alcoholic beverages or beer being delivered. The delivery service licensee shall not charge a fee that exceeds ten percent (10%) of the price of each alcoholic beverage or beer sold. The delivery service licensee is not responsible for remitting applicable taxes on alcoholic beverages or beer delivered by the licensee. The charging of such a fee must not be construed as the delivery service reselling alcoholic beverages or having a direct or indirect interest in a retailer. (b) (1) Any person, partnership, limited liability company, or corporation desiring to deliver sealed packages of alcoholic beverages or beer sold by a retailer licensed under § 57-3-204 or an off-premise retail permittee licensed under § 57-5-103 as part of such delivery service shall make application to the commission for a delivery service license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission shall, subject to the restrictions of this section, issue such license. (2) (A) Any person applying for a delivery service license shall be twenty-one (21) years of age or older and must not have been convicted of a felony as described in § 57-3-210(c) . (B) The commission may issue a delivery service license to any person, partnership, limited liability company, or corporation that is registered to do business in this state regardless of the residence of the ownership of such entity. (c) Each applicant for a delivery service license shall pay to the commission a one-time, nonrefundable fee in the amount of three hundred dollars ($300) when the application is submitted for review. A delivery service license shall not be issued by the commission until the applicant pays the annual license fee of one hundred fifty dollars ($150). (d) Each delivery service licensee shall conduct, or have a third party conduct, a local and national criminal background check on any potential employee or independent contractor that seeks to be licensed pursuant to § 57-3-225 . Such background check shall include a multistate criminal records locator or other similar commercial nationwide database with validation. (e) It is the duty of each delivery service licensee to ensure that each employee or independent contractor, delivering alcoholic beverages or beer pursuant to § 57-3-406(k) for the licensee, is licensed pursuant to § 57-3-225 . (f) A delivery service may use either employees or independent contractors as part of such delivery service. Any person delivering products for a delivery service shall comply with the provisions contained in § 57-3-225 related to delivery drivers in order to deliver alcoholic beverages or beer or both as provided in this section. Amended by 2021 Tenn. Acts, ch. 185, s 1, eff. 4/20/2021. Amended by 2018 Tenn. Acts, ch. 765, s 2, s 3, s 4 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 765, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 1068, s 3, eff. 5/20/2016. Amended by 2016 Tenn. Acts, ch. 1045, s 2, s 3 eff. 4/28/2016. Added by 2015 Tenn. Acts, ch. 285, s 2, eff. 4/28/2015.
(a) (1) There is created a delivery service license to be issued by the commission to any delivery service that delivers or facilitates delivery of prepared food from restaurants or items from a retail store to customers as part of the delivery service's business and seeks to deliver sealed packages of alcoholic beverages or beer or both sold by any retailer licensed under this chapter, or an off-premises retail permittee licensed under § 57-5-103 as part of such delivery service. If a delivery service licensed under this section is delivering alcoholic beverages or beer purchased from a retailer in accordance with this subsection (a), the delivery service shall not deliver the alcoholic beverages or beer to a customer who resides or is located at the time of the delivery: (A) More than fifty (50) miles from the licensed premises of the retailer at which the alcoholic beverages or beer were purchased; or (B) In any county other than the county in which such retailer is located or a county contiguous to such county. (2) A delivery service includes, for purposes of this title, a technology services company that provides software or an application for connecting customers, retailers, or restaurants to a delivery driver. A delivery service does not include, and no license is required under this title to operate, a technology services company that does not employ or contract with delivery drivers but rather provides software or an application that connects retail licensees with consumers for the delivery of alcoholic beverages or beer from the retailer pursuant to § 57-3-406(j) or a company that ships wine pursuant to § 57-3-217 . This section does not apply to a "motor carrier" or "freight forwarder" as those terms are defined in 49 U.S.C. § 13102 , or to an "air carrier" as that term is defined in 49 U.S.C. § 40102 . (3) A delivery service licensee may charge a fee based on a percentage of the sales of the alcoholic beverages or beer being delivered. The delivery service licensee shall not charge a fee that exceeds ten percent (10%) of the price of each alcoholic beverage or beer sold. The delivery service licensee is not responsible for remitting applicable taxes on alcoholic beverages or beer delivered by the licensee. The charging of such a fee must not be construed as the delivery service reselling alcoholic beverages or having a direct or indirect interest in a retailer.
(1) There is created a delivery service license to be issued by the commission to any delivery service that delivers or facilitates delivery of prepared food from restaurants or items from a retail store to customers as part of the delivery service's business and seeks to deliver sealed packages of alcoholic beverages or beer or both sold by any retailer licensed under this chapter, or an off-premises retail permittee licensed under § 57-5-103 as part of such delivery service. If a delivery service licensed under this section is delivering alcoholic beverages or beer purchased from a retailer in accordance with this subsection (a), the delivery service shall not deliver the alcoholic beverages or beer to a customer who resides or is located at the time of the delivery: (A) More than fifty (50) miles from the licensed premises of the retailer at which the alcoholic beverages or beer were purchased; or (B) In any county other than the county in which such retailer is located or a county contiguous to such county.
(A) More than fifty (50) miles from the licensed premises of the retailer at which the alcoholic beverages or beer were purchased; or
(B) In any county other than the county in which such retailer is located or a county contiguous to such county.
(2) A delivery service includes, for purposes of this title, a technology services company that provides software or an application for connecting customers, retailers, or restaurants to a delivery driver. A delivery service does not include, and no license is required under this title to operate, a technology services company that does not employ or contract with delivery drivers but rather provides software or an application that connects retail licensees with consumers for the delivery of alcoholic beverages or beer from the retailer pursuant to § 57-3-406(j) or a company that ships wine pursuant to § 57-3-217 . This section does not apply to a "motor carrier" or "freight forwarder" as those terms are defined in 49 U.S.C. § 13102 , or to an "air carrier" as that term is defined in 49 U.S.C. § 40102 .
(3) A delivery service licensee may charge a fee based on a percentage of the sales of the alcoholic beverages or beer being delivered. The delivery service licensee shall not charge a fee that exceeds ten percent (10%) of the price of each alcoholic beverage or beer sold. The delivery service licensee is not responsible for remitting applicable taxes on alcoholic beverages or beer delivered by the licensee. The charging of such a fee must not be construed as the delivery service reselling alcoholic beverages or having a direct or indirect interest in a retailer.
(b) (1) Any person, partnership, limited liability company, or corporation desiring to deliver sealed packages of alcoholic beverages or beer sold by a retailer licensed under § 57-3-204 or an off-premise retail permittee licensed under § 57-5-103 as part of such delivery service shall make application to the commission for a delivery service license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission shall, subject to the restrictions of this section, issue such license. (2) (A) Any person applying for a delivery service license shall be twenty-one (21) years of age or older and must not have been convicted of a felony as described in § 57-3-210(c) . (B) The commission may issue a delivery service license to any person, partnership, limited liability company, or corporation that is registered to do business in this state regardless of the residence of the ownership of such entity.
(1) Any person, partnership, limited liability company, or corporation desiring to deliver sealed packages of alcoholic beverages or beer sold by a retailer licensed under § 57-3-204 or an off-premise retail permittee licensed under § 57-5-103 as part of such delivery service shall make application to the commission for a delivery service license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission shall, subject to the restrictions of this section, issue such license.
(2) (A) Any person applying for a delivery service license shall be twenty-one (21) years of age or older and must not have been convicted of a felony as described in § 57-3-210(c) . (B) The commission may issue a delivery service license to any person, partnership, limited liability company, or corporation that is registered to do business in this state regardless of the residence of the ownership of such entity.
(A) Any person applying for a delivery service license shall be twenty-one (21) years of age or older and must not have been convicted of a felony as described in § 57-3-210(c) .
(B) The commission may issue a delivery service license to any person, partnership, limited liability company, or corporation that is registered to do business in this state regardless of the residence of the ownership of such entity.
(c) Each applicant for a delivery service license shall pay to the commission a one-time, nonrefundable fee in the amount of three hundred dollars ($300) when the application is submitted for review. A delivery service license shall not be issued by the commission until the applicant pays the annual license fee of one hundred fifty dollars ($150).
(d) Each delivery service licensee shall conduct, or have a third party conduct, a local and national criminal background check on any potential employee or independent contractor that seeks to be licensed pursuant to § 57-3-225 . Such background check shall include a multistate criminal records locator or other similar commercial nationwide database with validation.
(e) It is the duty of each delivery service licensee to ensure that each employee or independent contractor, delivering alcoholic beverages or beer pursuant to § 57-3-406(k) for the licensee, is licensed pursuant to § 57-3-225 .
(f) A delivery service may use either employees or independent contractors as part of such delivery service. Any person delivering products for a delivery service shall comply with the provisions contained in § 57-3-225 related to delivery drivers in order to deliver alcoholic beverages or beer or both as provided in this section.
Amended by 2021 Tenn. Acts, ch. 185, s 1, eff. 4/20/2021.
Amended by 2018 Tenn. Acts, ch. 765, s 2, s 3, s 4 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 765, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 1068, s 3, eff. 5/20/2016.
Amended by 2016 Tenn. Acts, ch. 1045, s 2, s 3 eff. 4/28/2016.
Added by 2015 Tenn. Acts, ch. 285, s 2, eff. 4/28/2015.
Tenn. Code Ann. § 57-3-503 — TN Code / Title 57 / Chapter 3 / Section 57-3-503
Monthly report and payment - Reimbursement of wholesalers - Penalty - Audits
Status: in_force

(a) Each wholesaler making sales to retailers located within a municipality imposing an inspection fee shall furnish the municipality a report monthly, which report shall contain a list of the alcoholic beverages sold to each retailer located within the municipality, the wholesale price of the alcoholic beverages sold to each retailer, the amount of tax due, and such other information as may be required by the municipality. The monthly report shall be furnished the municipality imposing the tax not later than the twentieth of the month following which the sales were made. The inspection fees collected by the wholesaler from the retailer or retailers located within each municipality shall be paid to the municipality at the time the monthly report is made. Wholesalers collecting and remitting the above inspection fee to municipalities shall be entitled to reimbursement for this collection service, a sum equal to five percent (5%) of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report to the municipality. (b) Failure to collect or timely report and/or pay the inspection fee collected shall result in a penalty of ten percent (10%) of the fee due the municipality which shall be payable to the municipality imposing the inspection fee. (c) Municipalities to whom inspection fees are paid shall have authority to audit the records of wholesalers reporting to them in order to determine the accuracy of such reports. Acts 1968, ch. 538, §§ 4, 5, 7; T.C.A., § 57-167.
(a) Each wholesaler making sales to retailers located within a municipality imposing an inspection fee shall furnish the municipality a report monthly, which report shall contain a list of the alcoholic beverages sold to each retailer located within the municipality, the wholesale price of the alcoholic beverages sold to each retailer, the amount of tax due, and such other information as may be required by the municipality. The monthly report shall be furnished the municipality imposing the tax not later than the twentieth of the month following which the sales were made. The inspection fees collected by the wholesaler from the retailer or retailers located within each municipality shall be paid to the municipality at the time the monthly report is made. Wholesalers collecting and remitting the above inspection fee to municipalities shall be entitled to reimbursement for this collection service, a sum equal to five percent (5%) of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report to the municipality.
(b) Failure to collect or timely report and/or pay the inspection fee collected shall result in a penalty of ten percent (10%) of the fee due the municipality which shall be payable to the municipality imposing the inspection fee.
(c) Municipalities to whom inspection fees are paid shall have authority to audit the records of wholesalers reporting to them in order to determine the accuracy of such reports.
Acts 1968, ch. 538, §§ 4, 5, 7; T.C.A., § 57-167.
Tenn. Code Ann. § 57-3-906 — TN Code / Title 57 / Chapter 3 / Section 57-3-906
Equitable action to enjoin violation - Recovery of damages and costs - Action for damages alone permitted
Status: in_force

(a) (1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation. (2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit. (3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff. (b) In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a). Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
(a) (1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation. (2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit. (3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
(1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.
(2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit.
(3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
(b) In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a).
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-5-206 — TN Code / Title 57 / Chapter 5 / Section 57-5-206
Records - Reports to commissioner of revenue - Rules and regulations
Status: in_force

(a) Every person, firm, corporation, joint-stock company, syndicate or association in this state engaged in the storage, sale, distribution by sale or gift and/or manufacture in this state of such beer and/or other beverage shall keep invoices and all other memoranda fully descriptive thereof, and shall permit the commissioner or the commissioner's authorized agents, representatives or employees to inspect, at any time during the business hours of the day, all such articles, containers, packages, invoices, books, papers and memoranda as may be deemed necessary in the opinion of the commissioner, or the commissioner's authorized agent, representative or employee, in ascertaining whether or not the state privilege tax levied under §§ 57-5-201 - 57-5-203 has been paid or in determining the amount of such tax as may be due. (b) The original bill of sale or invoice or a digital copy thereof shall be kept by the wholesaler for at least two (2) years and the duplicate bill of sale or invoice shall be retained by the retailer for at least two (2) years, subject to inspection by the department or the county, municipal or metropolitan government involved. (c) The commissioner shall have the power to require any person engaged in the storage, sale, distribution by sale or gift, and/or manufacture, in this state, of such beer and/or any other such beverages, as described above, to furnish any reports, statements or information, under oath, which may be deemed, in the opinion of the commissioner, necessary for the purpose of enforcing a compliance herewith. (d) The commissioner is authorized and has the duty to make rules and regulations necessary, in the commissioner's opinion, to effectuate the purposes and carry out the provisions hereof, which rules and regulations shall have the force and effect of law if not in conflict with express statutory provision. Acts 1933, ch. 69, § 8; C. Supp. 1950, § 1191.8; impl. am. Acts 1959, ch. 9, § 14; Acts 1971, ch. 21, § 1; T.C.A. (orig. ed.), § 57-218; Acts 1986, ch. 525, § 1; 2012, ch. 657, § 10.
(a) Every person, firm, corporation, joint-stock company, syndicate or association in this state engaged in the storage, sale, distribution by sale or gift and/or manufacture in this state of such beer and/or other beverage shall keep invoices and all other memoranda fully descriptive thereof, and shall permit the commissioner or the commissioner's authorized agents, representatives or employees to inspect, at any time during the business hours of the day, all such articles, containers, packages, invoices, books, papers and memoranda as may be deemed necessary in the opinion of the commissioner, or the commissioner's authorized agent, representative or employee, in ascertaining whether or not the state privilege tax levied under §§ 57-5-201 - 57-5-203 has been paid or in determining the amount of such tax as may be due.
(b) The original bill of sale or invoice or a digital copy thereof shall be kept by the wholesaler for at least two (2) years and the duplicate bill of sale or invoice shall be retained by the retailer for at least two (2) years, subject to inspection by the department or the county, municipal or metropolitan government involved.
(c) The commissioner shall have the power to require any person engaged in the storage, sale, distribution by sale or gift, and/or manufacture, in this state, of such beer and/or any other such beverages, as described above, to furnish any reports, statements or information, under oath, which may be deemed, in the opinion of the commissioner, necessary for the purpose of enforcing a compliance herewith.
(d) The commissioner is authorized and has the duty to make rules and regulations necessary, in the commissioner's opinion, to effectuate the purposes and carry out the provisions hereof, which rules and regulations shall have the force and effect of law if not in conflict with express statutory provision.
Acts 1933, ch. 69, § 8; C. Supp. 1950, § 1191.8; impl. am. Acts 1959, ch. 9, § 14; Acts 1971, ch. 21, § 1; T.C.A. (orig. ed.), § 57-218; Acts 1986, ch. 525, § 1; 2012, ch. 657, § 10.
Tenn. Code Ann. § 57-3-804 — TN Code / Title 57 / Chapter 3 / Section 57-3-804
Application fee and annual license fee
Status: in_force

Each applicant for a retail food store wine license shall pay to the commission a one-time, nonrefundable fee in the amount of four hundred dollars ($400) when the application is submitted for review. A retail food store wine license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of one thousand two hundred fifty dollars ($1,250). Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Each applicant for a retail food store wine license shall pay to the commission a one-time, nonrefundable fee in the amount of four hundred dollars ($400) when the application is submitted for review. A retail food store wine license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of one thousand two hundred fifty dollars ($1,250).
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-4-302 — TN Code / Title 57 / Chapter 4 / Section 57-4-302
Collection of taxes
Status: in_force

The commissioner of revenue is charged with the responsibility of collecting all taxes set out herein due to the state, and in addition to the requirements set out herein, is authorized to promulgate such rules and regulations as will further implement the full collection of all taxes herein imposed: (1) Tax Collected from Consumers. The tax hereby imposed shall be collected by the retailer from the consumer insofar as it can be done; (2) Tax to Be Separately Displayed from List Price. The commissioner may by regulation provide that the amount collected by the retailer from the consumer in reimbursement of the tax be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sale check, or other proof of sale; (3) (A) Bond of Licensee. (i) Every licensee permitted to do business in this state shall, as a condition precedent to the granting of a license, in addition to all other requirements set out herein, post with the commissioner an indemnity bond with good and solvent corporate surety, approved by the commissioner, in an amount equal to four (4) times the average monthly tax liability as determined by the commissioner or in the amount of one thousand dollars ($1,000), whichever is greater, conditioned upon the proper payment of all taxes for which the sale licensee may become liable. If a restaurant is licensed by the commission under § 57-4-101(i) , the bond amount imposed shall be one-fifth (1/5) the amount specified in this subdivision (3)(A). The forfeiture or cancellation of the bond, for any reason whatsoever, shall automatically revoke the license granted herein. The bond provided for herein shall run for such time as may be determined by the commissioner; (ii) In addition to the requirements under subdivision (3)(A)(i), each holder of a license authorizing the consumption of alcoholic beverages on the premises issued under this chapter shall post with the department of revenue a bond of not less than ten thousand dollars ($10,000) for purposes of ensuring proper payment of taxes in accordance with rules promulgated under this subdivision (3)(A)(ii). Such bond may be in the form of a corporate surety bond, a cash deposit, a bond secured by a certificate of deposit, or other form as authorized by the department by rule. The department shall promulgate rules for purposes of carrying out this subdivision (3)(A)(ii) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (B) Certificate of Deposit. In lieu of a corporate surety on the bond required by subdivision (3)(A), the commissioner may allow the licensee to secure such bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner. Interest on any deposited certificate of deposit shall be payable to the licensee who has deposited it as collateral, or to such person as the licensee or the certificate may direct; (4) Time of Payment. The tax levied hereunder in § 57-4-301(c) shall be due and payable monthly, on the first day of each month, and for the purpose of ascertaining the amount of tax payable under this chapter, it is the duty of all licensees on or before the fifteenth day of each month to transmit to the commissioner, upon forms prescribed, prepared and furnished by the commissioner, returns showing the gross sales, as the case may be, arising from all sales taxable under this chapter during the preceding calendar month; (5) Tax Transmitted with Return. At the time of transmitting the return required hereunder to the commissioner, the licensee shall remit to the commissioner therewith the amount of tax due under the applicable provisions of this chapter, and failure to so remit such tax shall cause the tax to become delinquent; and (6) Form of Payment. All taxes, interest and penalties imposed under § 57-4-301(c) shall be paid to the commissioner at Nashville in the form of remittance required by the commissioner. Amended by 2024 Tenn. Acts, ch. 1069,s 1, eff. 7/1/2024. Acts 1967, ch. 211, § 3; 1973, ch. 68, § 1; 1976, ch. 441, § 1; T.C.A., § 57-158; Acts 1989, ch. 558, § 1; 1992, ch. 982, § 2.
The commissioner of revenue is charged with the responsibility of collecting all taxes set out herein due to the state, and in addition to the requirements set out herein, is authorized to promulgate such rules and regulations as will further implement the full collection of all taxes herein imposed:
(1) Tax Collected from Consumers. The tax hereby imposed shall be collected by the retailer from the consumer insofar as it can be done;
(2) Tax to Be Separately Displayed from List Price. The commissioner may by regulation provide that the amount collected by the retailer from the consumer in reimbursement of the tax be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sale check, or other proof of sale;
(3) (A) Bond of Licensee. (i) Every licensee permitted to do business in this state shall, as a condition precedent to the granting of a license, in addition to all other requirements set out herein, post with the commissioner an indemnity bond with good and solvent corporate surety, approved by the commissioner, in an amount equal to four (4) times the average monthly tax liability as determined by the commissioner or in the amount of one thousand dollars ($1,000), whichever is greater, conditioned upon the proper payment of all taxes for which the sale licensee may become liable. If a restaurant is licensed by the commission under § 57-4-101(i) , the bond amount imposed shall be one-fifth (1/5) the amount specified in this subdivision (3)(A). The forfeiture or cancellation of the bond, for any reason whatsoever, shall automatically revoke the license granted herein. The bond provided for herein shall run for such time as may be determined by the commissioner; (ii) In addition to the requirements under subdivision (3)(A)(i), each holder of a license authorizing the consumption of alcoholic beverages on the premises issued under this chapter shall post with the department of revenue a bond of not less than ten thousand dollars ($10,000) for purposes of ensuring proper payment of taxes in accordance with rules promulgated under this subdivision (3)(A)(ii). Such bond may be in the form of a corporate surety bond, a cash deposit, a bond secured by a certificate of deposit, or other form as authorized by the department by rule. The department shall promulgate rules for purposes of carrying out this subdivision (3)(A)(ii) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (B) Certificate of Deposit. In lieu of a corporate surety on the bond required by subdivision (3)(A), the commissioner may allow the licensee to secure such bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner. Interest on any deposited certificate of deposit shall be payable to the licensee who has deposited it as collateral, or to such person as the licensee or the certificate may direct;
(A) Bond of Licensee. (i) Every licensee permitted to do business in this state shall, as a condition precedent to the granting of a license, in addition to all other requirements set out herein, post with the commissioner an indemnity bond with good and solvent corporate surety, approved by the commissioner, in an amount equal to four (4) times the average monthly tax liability as determined by the commissioner or in the amount of one thousand dollars ($1,000), whichever is greater, conditioned upon the proper payment of all taxes for which the sale licensee may become liable. If a restaurant is licensed by the commission under § 57-4-101(i) , the bond amount imposed shall be one-fifth (1/5) the amount specified in this subdivision (3)(A). The forfeiture or cancellation of the bond, for any reason whatsoever, shall automatically revoke the license granted herein. The bond provided for herein shall run for such time as may be determined by the commissioner; (ii) In addition to the requirements under subdivision (3)(A)(i), each holder of a license authorizing the consumption of alcoholic beverages on the premises issued under this chapter shall post with the department of revenue a bond of not less than ten thousand dollars ($10,000) for purposes of ensuring proper payment of taxes in accordance with rules promulgated under this subdivision (3)(A)(ii). Such bond may be in the form of a corporate surety bond, a cash deposit, a bond secured by a certificate of deposit, or other form as authorized by the department by rule. The department shall promulgate rules for purposes of carrying out this subdivision (3)(A)(ii) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(i) Every licensee permitted to do business in this state shall, as a condition precedent to the granting of a license, in addition to all other requirements set out herein, post with the commissioner an indemnity bond with good and solvent corporate surety, approved by the commissioner, in an amount equal to four (4) times the average monthly tax liability as determined by the commissioner or in the amount of one thousand dollars ($1,000), whichever is greater, conditioned upon the proper payment of all taxes for which the sale licensee may become liable. If a restaurant is licensed by the commission under § 57-4-101(i) , the bond amount imposed shall be one-fifth (1/5) the amount specified in this subdivision (3)(A). The forfeiture or cancellation of the bond, for any reason whatsoever, shall automatically revoke the license granted herein. The bond provided for herein shall run for such time as may be determined by the commissioner;
(ii) In addition to the requirements under subdivision (3)(A)(i), each holder of a license authorizing the consumption of alcoholic beverages on the premises issued under this chapter shall post with the department of revenue a bond of not less than ten thousand dollars ($10,000) for purposes of ensuring proper payment of taxes in accordance with rules promulgated under this subdivision (3)(A)(ii). Such bond may be in the form of a corporate surety bond, a cash deposit, a bond secured by a certificate of deposit, or other form as authorized by the department by rule. The department shall promulgate rules for purposes of carrying out this subdivision (3)(A)(ii) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(B) Certificate of Deposit. In lieu of a corporate surety on the bond required by subdivision (3)(A), the commissioner may allow the licensee to secure such bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner. Interest on any deposited certificate of deposit shall be payable to the licensee who has deposited it as collateral, or to such person as the licensee or the certificate may direct;
(4) Time of Payment. The tax levied hereunder in § 57-4-301(c) shall be due and payable monthly, on the first day of each month, and for the purpose of ascertaining the amount of tax payable under this chapter, it is the duty of all licensees on or before the fifteenth day of each month to transmit to the commissioner, upon forms prescribed, prepared and furnished by the commissioner, returns showing the gross sales, as the case may be, arising from all sales taxable under this chapter during the preceding calendar month;
(5) Tax Transmitted with Return. At the time of transmitting the return required hereunder to the commissioner, the licensee shall remit to the commissioner therewith the amount of tax due under the applicable provisions of this chapter, and failure to so remit such tax shall cause the tax to become delinquent; and
(6) Form of Payment. All taxes, interest and penalties imposed under § 57-4-301(c) shall be paid to the commissioner at Nashville in the form of remittance required by the commissioner.
Amended by 2024 Tenn. Acts, ch. 1069,s 1, eff. 7/1/2024.
Acts 1967, ch. 211, § 3; 1973, ch. 68, § 1; 1976, ch. 441, § 1; T.C.A., § 57-158; Acts 1989, ch. 558, § 1; 1992, ch. 982, § 2.
Tenn. Code Ann. § 57-4-111 — TN Code / Title 57 / Chapter 4 / Section 57-4-111
Sale or transfer of alcoholic beverage inventory
Status: in_force

Notwithstanding any other law to the contrary, a retailer licensed pursuant to § 57-4-101 that is selling the licensed establishment to a new licensee of the same license type or that is closing the licensed establishment may sell or transfer its alcoholic beverages to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if: (1) The selling or closing licensee submits written notice to the commission and the department of revenue at least ten (10) days in advance of the sale or transfer to dispose of the licensee's remaining inventory. The commission shall determine the form of such notice and the method by which the notice must be provided. The notice must identify the licensee who is purchasing or receiving the inventory, the proposed date of the sale or transfer, and the quantity, types, and brands of alcoholic beverages to be sold or transferred; (2) All invoices and debts related to alcoholic beverages being sold or transferred pursuant to this section are paid in full prior to the alcoholic beverages being sold or transferred; and (3) The purchaser or transferee is licensed by the commission under § 57-4-101 prior to the sale or transfer being finalized. Added by 2021 Tenn. Acts, ch. 76, s 3, eff. 3/29/2021.
Notwithstanding any other law to the contrary, a retailer licensed pursuant to § 57-4-101 that is selling the licensed establishment to a new licensee of the same license type or that is closing the licensed establishment may sell or transfer its alcoholic beverages to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if:
(1) The selling or closing licensee submits written notice to the commission and the department of revenue at least ten (10) days in advance of the sale or transfer to dispose of the licensee's remaining inventory. The commission shall determine the form of such notice and the method by which the notice must be provided. The notice must identify the licensee who is purchasing or receiving the inventory, the proposed date of the sale or transfer, and the quantity, types, and brands of alcoholic beverages to be sold or transferred;
(2) All invoices and debts related to alcoholic beverages being sold or transferred pursuant to this section are paid in full prior to the alcoholic beverages being sold or transferred; and
(3) The purchaser or transferee is licensed by the commission under § 57-4-101 prior to the sale or transfer being finalized.
Added by 2021 Tenn. Acts, ch. 76, s 3, eff. 3/29/2021.
Tenn. Code Ann. § 57-3-817 — TN Code / Title 57 / Chapter 3 / Section 57-3-817
Wine tastings prohibited on premises - Licensee permitted to hold license to sell alcoholic beverages for consumption on premises - Requirements
Status: in_force

(a) No retail food store shall conduct tastings of wine on the premises of the retail food store. (b) A retail food store that has a license pursuant to this part may also hold a license to sell alcoholic beverages for consumption on premises pursuant to chapter 4 of this title. Amended by 2016 Tenn. Acts, ch. 830,s 1, eff. 4/21/2016. Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
(a) No retail food store shall conduct tastings of wine on the premises of the retail food store.
(b) A retail food store that has a license pursuant to this part may also hold a license to sell alcoholic beverages for consumption on premises pursuant to chapter 4 of this title.
Amended by 2016 Tenn. Acts, ch. 830,s 1, eff. 4/21/2016.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-3-908 — TN Code / Title 57 / Chapter 3 / Section 57-3-908
Commission to enforce part - Civil penalties - Petition for hearing
Status: in_force

(a) The commission shall administer and enforce this part. (b) (1) For an initial violation or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000); (2) For any second violation or noncompliance with any provision of this part by any retailer who has previously been found in violation pursuant to subdivision (b)(1), a penalty shall be imposed not to exceed two thousand five hundred dollars ($2,500); and (3) For any subsequent violation or violations or noncompliance with any provision of this part, by any retailer who has previously been found in violation pursuant to subdivision (b)(2), a penalty shall be imposed not to exceed five thousand dollars ($5,000). (c) Any retailer who is assessed a civil penalty pursuant to this section, and who continues to engage in the unauthorized sale, distribution or handling of wine in this state, either directly or through any agent or third party acting on behalf of such retailer, shall be charged with an additional violation of this part. (d) Any retailer who is adversely affected by a decision of the commission may petition the commission for a hearing which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (e) In enforcing this part, the commission shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner. Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
(a) The commission shall administer and enforce this part.
(b) (1) For an initial violation or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000); (2) For any second violation or noncompliance with any provision of this part by any retailer who has previously been found in violation pursuant to subdivision (b)(1), a penalty shall be imposed not to exceed two thousand five hundred dollars ($2,500); and (3) For any subsequent violation or violations or noncompliance with any provision of this part, by any retailer who has previously been found in violation pursuant to subdivision (b)(2), a penalty shall be imposed not to exceed five thousand dollars ($5,000).
(1) For an initial violation or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000);
(2) For any second violation or noncompliance with any provision of this part by any retailer who has previously been found in violation pursuant to subdivision (b)(1), a penalty shall be imposed not to exceed two thousand five hundred dollars ($2,500); and
(3) For any subsequent violation or violations or noncompliance with any provision of this part, by any retailer who has previously been found in violation pursuant to subdivision (b)(2), a penalty shall be imposed not to exceed five thousand dollars ($5,000).
(c) Any retailer who is assessed a civil penalty pursuant to this section, and who continues to engage in the unauthorized sale, distribution or handling of wine in this state, either directly or through any agent or third party acting on behalf of such retailer, shall be charged with an additional violation of this part.
(d) Any retailer who is adversely affected by a decision of the commission may petition the commission for a hearing which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(e) In enforcing this part, the commission shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-6-116 — TN Code / Title 57 / Chapter 6 / Section 57-6-116
Expenses of enforcement of law limited
Status: in_force

For the purpose of carrying out this part, the commissioner of revenue is authorized to transfer from any funds allocated for the operation of the department, the sum of five thousand dollars ($5,000), which sum shall be repaid out of funds received under this part. In no event shall the department be called upon to render greater services or expend funds in excess of the amount received by the department as provided herein. Acts 1953, ch. 76, § 17 (Williams, § 1051.34); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 57-317.
For the purpose of carrying out this part, the commissioner of revenue is authorized to transfer from any funds allocated for the operation of the department, the sum of five thousand dollars ($5,000), which sum shall be repaid out of funds received under this part. In no event shall the department be called upon to render greater services or expend funds in excess of the amount received by the department as provided herein.
Acts 1953, ch. 76, § 17 (Williams, § 1051.34); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 57-317.
Tenn. Code Ann. § 57-9-110 — TN Code / Title 57 / Chapter 9 / Section 57-9-110
Notice when name of owner unknown
Status: in_force

If the name of the person transporting, receiving or possessing intoxicating liquors which have been seized in accordance with this part be unknown to the sheriff or other officer seizing the same, then, in that event, the sheriff or other officer taking possession of the same shall so certify in the statement required to be filed by § 57-9-104 , and the clerk of such circuit or criminal court shall give notice to whom it may concern by notice posted at the courthouse door of the county within which such liquors were seized, setting forth in substance that such liquors have been seized in accordance with this part, and notifying all persons claiming same to do so within thirty (30) days from the date of the posting of such notice, and that if they fail to do so, they will forfeit all right in and to the same and that condemnation and forfeiture thereof will be in the nature of proceedings in rem. Acts 1919, ch. 50, § 6; Shan. Supp., § 6798a19b6; Code 1932, § 11229; T.C.A. (orig. ed.), § 57-611.
If the name of the person transporting, receiving or possessing intoxicating liquors which have been seized in accordance with this part be unknown to the sheriff or other officer seizing the same, then, in that event, the sheriff or other officer taking possession of the same shall so certify in the statement required to be filed by § 57-9-104 , and the clerk of such circuit or criminal court shall give notice to whom it may concern by notice posted at the courthouse door of the county within which such liquors were seized, setting forth in substance that such liquors have been seized in accordance with this part, and notifying all persons claiming same to do so within thirty (30) days from the date of the posting of such notice, and that if they fail to do so, they will forfeit all right in and to the same and that condemnation and forfeiture thereof will be in the nature of proceedings in rem.
Acts 1919, ch. 50, § 6; Shan. Supp., § 6798a19b6; Code 1932, § 11229; T.C.A. (orig. ed.), § 57-611.
Tenn. Code Ann. § 57-5-409 — TN Code / Title 57 / Chapter 5 / Section 57-5-409
Contraband - What constitutes - Confiscation
Status: in_force

(a) Any beer as defined in § 57-5-101(b) sold or offered for sale by, or in possession of, a retailer purchased from any person, firm or corporation, except a Tennessee wholesaler or distributor licensed in this state, is declared to be contraband and shall be subject to confiscation by the commissioner or any duly authorized representative, highway patrol officer, sheriff or other peace officer. (b) Any beer or other beverages described in § 57-5-101 imported into this state, in transit within this state, or in possession of a person or firm within this state not in accordance with any of the requirements of § 57-5-104 (except permit requirements on wholesalers in counties or cities in which they do not have an established location or place of business), § 57-5-201 , § 57-5-206 , § 57-5-207 , § 57-5-401 , § 57-5-402 , §§ 57-5-404 - 57-5-406, § 57-5-408 or § 57-5-414 and the rules and regulations promulgated under them are declared to be contraband, and it, along with any vehicle in which it is being transported which is not a common carrier, may be seized, either with or without a warrant, by the commissioner or any duly authorized representative, highway patrolman, sheriff, or other peace officer. Any beer or other beverages or vehicles so seized shall be delivered promptly to the department for disposition. (c) Any beer so seized may, in the discretion of the commissioner, be deposited with a duly licensed Tennessee wholesaler or distributor, located nearest to the site of the seizure, engaged in handling the particular brand of beer involved. Such deposit shall be evidenced by a receipt issued to the commissioner by such wholesaler or distributor, stating the quantity and brand name of such beer so deposited. The receipt may subsequently be exchanged with the wholesaler or distributor issuing it for salable beer of the same quantity and brand name by any person or persons who may be entitled thereto or to the proceeds of the sale thereof in accordance with this chapter. Such receipts shall be admissible as evidence in any administrative hearing or any civil or criminal court hearing or trial. (d) If, incidental to a confiscation of contraband as defined herein, there is discovered any intoxicating liquor deemed to be held or transported illegally within the purview of § 57-3-411 , § 57-9-201 or § 57-9-202 , the confiscating officer is hereby empowered and required to seize such liquor, notwithstanding the fact that such officer may not otherwise be empowered to take such action under such section. Any intoxicating liquor seized pursuant hereto shall be delivered promptly, as provided by § 57-3-411 , § 57-9-201 or § 57-9-202 , whichever is appropriate, to the alcoholic beverage commission for sale or disposition as contraband in accordance with chapters 2-4, or 6 of this title, whichever is appropriate. Amended by 2014 Tenn. Acts, ch. 861, s 12, eff. 5/1/2014. Acts 1969, ch. 299, § 3; 1970, ch. 388, § 1; 1973, ch. 68, § 3; 1974, ch. 478, § 3; T.C.A., § 57-232.
(a) Any beer as defined in § 57-5-101(b) sold or offered for sale by, or in possession of, a retailer purchased from any person, firm or corporation, except a Tennessee wholesaler or distributor licensed in this state, is declared to be contraband and shall be subject to confiscation by the commissioner or any duly authorized representative, highway patrol officer, sheriff or other peace officer.
(b) Any beer or other beverages described in § 57-5-101 imported into this state, in transit within this state, or in possession of a person or firm within this state not in accordance with any of the requirements of § 57-5-104 (except permit requirements on wholesalers in counties or cities in which they do not have an established location or place of business), § 57-5-201 , § 57-5-206 , § 57-5-207 , § 57-5-401 , § 57-5-402 , §§ 57-5-404 - 57-5-406, § 57-5-408 or § 57-5-414 and the rules and regulations promulgated under them are declared to be contraband, and it, along with any vehicle in which it is being transported which is not a common carrier, may be seized, either with or without a warrant, by the commissioner or any duly authorized representative, highway patrolman, sheriff, or other peace officer. Any beer or other beverages or vehicles so seized shall be delivered promptly to the department for disposition.
(c) Any beer so seized may, in the discretion of the commissioner, be deposited with a duly licensed Tennessee wholesaler or distributor, located nearest to the site of the seizure, engaged in handling the particular brand of beer involved. Such deposit shall be evidenced by a receipt issued to the commissioner by such wholesaler or distributor, stating the quantity and brand name of such beer so deposited. The receipt may subsequently be exchanged with the wholesaler or distributor issuing it for salable beer of the same quantity and brand name by any person or persons who may be entitled thereto or to the proceeds of the sale thereof in accordance with this chapter. Such receipts shall be admissible as evidence in any administrative hearing or any civil or criminal court hearing or trial.
(d) If, incidental to a confiscation of contraband as defined herein, there is discovered any intoxicating liquor deemed to be held or transported illegally within the purview of § 57-3-411 , § 57-9-201 or § 57-9-202 , the confiscating officer is hereby empowered and required to seize such liquor, notwithstanding the fact that such officer may not otherwise be empowered to take such action under such section. Any intoxicating liquor seized pursuant hereto shall be delivered promptly, as provided by § 57-3-411 , § 57-9-201 or § 57-9-202 , whichever is appropriate, to the alcoholic beverage commission for sale or disposition as contraband in accordance with chapters 2-4, or 6 of this title, whichever is appropriate.
Amended by 2014 Tenn. Acts, ch. 861, s 12, eff. 5/1/2014.
Acts 1969, ch. 299, § 3; 1970, ch. 388, § 1; 1973, ch. 68, § 3; 1974, ch. 478, § 3; T.C.A., § 57-232.
Tenn. Code Ann. § 57-4-115 — TN Code / Title 57 / Chapter 4 / Section 57-4-115
Notification of event at which licensed caterer has contracted to provide and sell alcoholic beverages - Delivery of alcoholic beverages
Status: in_force

(a) (1) A licensed caterer shall provide notice to the commission at least two (2) calendar days before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages on a form developed by the commission. The notification must be transmitted electronically, and the commission shall confirm receipt of the notification. (2) This subsection (a) becomes effective on July 1, 2023. (b) A wholesaler may deliver alcoholic beverages directly to the site where a licensed caterer is catering an event if: (1) The licensed caterer notifies the commission of the delivery address prior to the event; and (2) A licensed caterer is at the delivery site to receive the delivery at the time of delivery. Added by 2022 Tenn. Acts, ch. 1013,s 1, eff. 7/1/2022.
(a) (1) A licensed caterer shall provide notice to the commission at least two (2) calendar days before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages on a form developed by the commission. The notification must be transmitted electronically, and the commission shall confirm receipt of the notification. (2) This subsection (a) becomes effective on July 1, 2023.
(1) A licensed caterer shall provide notice to the commission at least two (2) calendar days before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages on a form developed by the commission. The notification must be transmitted electronically, and the commission shall confirm receipt of the notification.
(2) This subsection (a) becomes effective on July 1, 2023.
(b) A wholesaler may deliver alcoholic beverages directly to the site where a licensed caterer is catering an event if: (1) The licensed caterer notifies the commission of the delivery address prior to the event; and (2) A licensed caterer is at the delivery site to receive the delivery at the time of delivery.
(1) The licensed caterer notifies the commission of the delivery address prior to the event; and
(2) A licensed caterer is at the delivery site to receive the delivery at the time of delivery.
Added by 2022 Tenn. Acts, ch. 1013,s 1, eff. 7/1/2022.
Tenn. Code Ann. § 57-5-608 — TN Code / Title 57 / Chapter 5 / Section 57-5-608
Suspension or revocation of certification
Status: in_force

(a) A permit under this part may not be suspended or revoked by a beer board based on a clerk's illegal sale of beer to a minor person who is not of lawful drinking age, if the clerk is properly certified and has attended annual meetings since the original certification, or is within sixty-one (61) days of the date of hire at the time of the violation. (b) Notwithstanding subsection (a), the commission shall revoke the certification of a vendor certified as a responsible vendor, if the vendor had knowledge of the violation or should have known about the violation, or participated in or committed the violation. If the commission revokes a vendor's certification under this section, the vendor shall be penalized for the violation by the beer board as if the vendor were not certified as a responsible vendor. (c) Notwithstanding subsection (a) or any other law, the commission shall revoke the vendor's status as a certified responsible vendor, if the vendor has two (2) violations within a twelve-month period. The revocation shall be for a period of three (3) years. Acts 2006, ch. 864, § 9.
(a) A permit under this part may not be suspended or revoked by a beer board based on a clerk's illegal sale of beer to a minor person who is not of lawful drinking age, if the clerk is properly certified and has attended annual meetings since the original certification, or is within sixty-one (61) days of the date of hire at the time of the violation.
(b) Notwithstanding subsection (a), the commission shall revoke the certification of a vendor certified as a responsible vendor, if the vendor had knowledge of the violation or should have known about the violation, or participated in or committed the violation. If the commission revokes a vendor's certification under this section, the vendor shall be penalized for the violation by the beer board as if the vendor were not certified as a responsible vendor.
(c) Notwithstanding subsection (a) or any other law, the commission shall revoke the vendor's status as a certified responsible vendor, if the vendor has two (2) violations within a twelve-month period. The revocation shall be for a period of three (3) years.
Acts 2006, ch. 864, § 9.
Tenn. Code Ann. § 57-3-1001 — TN Code / Title 57 / Chapter 3 / Section 57-3-1001
Short title
Status: in_force

This part shall be known and may be cited as the "Intoxicating Liquor Sales Law." Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
This part shall be known and may be cited as the "Intoxicating Liquor Sales Law."
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
Tenn. Code Ann. § 57-6-202 — TN Code / Title 57 / Chapter 6 / Section 57-6-202
Audits and investigations - Penalty for noncompliance
Status: in_force

(a) The commissioner shall cause to be made a complete audit of each wholesaler at such time as may be deemed advisable for the collection of the taxes levied in this title. (b) The commissioner is authorized to examine the books, papers and records of any wholesaler or retailer, subject to this part, for the purpose of enforcing the collection of the tax herein levied. Any refusal to permit the examination of such books, papers and records shall constitute sufficient reason for the revocation or suspension of any license or permit issued pursuant to this part or a refusal to issue the same. Acts 1959, ch. 278, § 1; 1970, ch. 361, § 3; 1975, ch. 31, § 1; T.C.A., § 57-707; Acts 1983, ch. 476, § 1; 1988, ch. 958, § 2.
(a) The commissioner shall cause to be made a complete audit of each wholesaler at such time as may be deemed advisable for the collection of the taxes levied in this title.
(b) The commissioner is authorized to examine the books, papers and records of any wholesaler or retailer, subject to this part, for the purpose of enforcing the collection of the tax herein levied. Any refusal to permit the examination of such books, papers and records shall constitute sufficient reason for the revocation or suspension of any license or permit issued pursuant to this part or a refusal to issue the same.
Acts 1959, ch. 278, § 1; 1970, ch. 361, § 3; 1975, ch. 31, § 1; T.C.A., § 57-707; Acts 1983, ch. 476, § 1; 1988, ch. 958, § 2.
Tenn. Code Ann. § 57-4-106 — TN Code / Title 57 / Chapter 4 / Section 57-4-106
Authority to serve or sell high alcohol content beer if authorized to serve or sell wine
Status: in_force

If a premises is authorized pursuant to this chapter to serve or sell wine only, the premises shall also be authorized to serve or sell high alcohol content beer, as defined in § 57-3-101 . Amended by 2019 Tenn. Acts, ch. 435,s 3, eff. 5/22/2019. Amended by 2014 Tenn. Acts, ch. 861,s 8, eff. 5/1/2014. Acts 2006, ch. 733, § 7.
If a premises is authorized pursuant to this chapter to serve or sell wine only, the premises shall also be authorized to serve or sell high alcohol content beer, as defined in § 57-3-101 .
Amended by 2019 Tenn. Acts, ch. 435,s 3, eff. 5/22/2019.
Amended by 2014 Tenn. Acts, ch. 861,s 8, eff. 5/1/2014.
Acts 2006, ch. 733, § 7.
Tenn. Code Ann. § 57-5-201 — TN Code / Title 57 / Chapter 5 / Section 57-5-201
[Certain provisions subject to contingent repeal. See (a)
Status: in_force

(a) (1) Every person, firm, corporation, joint-stock company, syndicate or association in this state storing, selling, distributing, or manufacturing such beer or other beverages as are described in this chapter shall pay a special privilege tax, in addition to all other taxes, in an amount equal to four dollars and twenty-nine cents ($4.29) per barrel of thirty-one liquid gallons (31 gals.) stored, sold, distributed by gift or sale or manufactured in this state; provided, that the rate shall be reduced by fifty cents (50¢) on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first. The tax upon barrels containing more or less than thirty-one gallons (31 gals.) shall be at a proportionate rate. Beer or other such beverage manufactured in Tennessee and thereafter exported for sale, distribution or gift, or dispensed gratuitously and consumed on the premises, shall not be included in the measure of the tax liability hereby provided for. The commissioner of revenue is authorized to promulgate rules and regulations for the purpose of securing the exemption hereby given and for the purpose of preventing such exemption from being claimed in the case of beer sold, distributed or given away in Tennessee. The burden shall be on the manufacturer claiming exemption to establish to the satisfaction of the collection officers that the beverage manufactured in Tennessee is exempt under this subsection (a). (2) Notwithstanding this section or another law to the contrary, any revenue generated from the increase in tax rates from three dollars and forty cents ($3.40) to three dollars and ninety cents ($3.90) must be allocated to the highway fund for the purpose of funding programs for the prevention and collection of litter and trash and matters related to the programs, including special grants for programs described in § 54-1-407 . No later than March 31 of each year, the department of transportation shall transmit to the governor, and the speakers of the house of representatives and senate a report listing the programs receiving funds generated by this subsection (a), the amount of funds received by each program, and the purpose for which the funds were spent. This subdivision (a)(2) shall be repealed on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first. (b) The tax levied in subsection (a) shall be a state tax and no county, municipality or taxing district shall have power to levy any like tax. This tax shall not apply to beverages previously used as a measure of tax under the provisions hereof. (c) No retail dealer of beer, as defined in § 57-5-101(b) , shall purchase beer from anyone other than a licensed wholesaler located in this state, and all such purchases shall be delivered by the wholesaler to the retailer's licensed premises only or directly to the retailer at the wholesaler's licensed premises. No wholesale distributor of beer shall purchase beer from anyone other than a licensed manufacturer, importer, or other wholesaler holding a permit issued pursuant to § 57-5-101 , and all such purchases shall be delivered only at a warehouse facility owned or operated by the wholesaler and located within this state. Anyone importing or causing to be imported any beer, as defined in § 57-5-101(b) , shall be liable as other wholesale distributors or dealers hereunder. (d) Anything to the contrary notwithstanding, a retail dealer of beer as defined in § 57-5-101(b) may purchase such beverages directly from a manufacturer located in Tennessee, licensed hereunder, if the sale of such beverages by the manufacturer directly to retailers is authorized by law pursuant to § 57-5-101 . Any such self-distribution or sale by a manufacturer of its beer directly to a retail dealer of beer constitutes a wholesale sale for purposes of taxation. Amended by 2022 Tenn. Acts, ch. 903, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 432, s 3, eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 158, Secs.s 1, s 2 eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 704, s 2, eff. 6/1/2016. Amended by 2016 Tenn. Acts, ch. 704, s 1, eff. 6/1/2016. Amended by 2015 Tenn. Acts, ch. 19, s 3, eff. 3/27/2015. Amended by 2014 Tenn. Acts, ch. 861, Secs.s 9, s 10 eff. 5/1/2014. Acts 1933, ch. 69, § 2; 1937, ch. 88, § 1; 1945, ch. 69, § 1; 1947, ch. 109, § 1; C. Supp. 1950, § 1191.2; impl. am. Acts 1959, ch. 9, § 14; Acts 1969, ch. 212, § 1; 1973, ch. 6, § 1; T.C.A. (orig. ed.), § 57-213; Acts 1981, ch. 307, §§ 1, 4; 1984, ch. 769, § 2; 1987, ch. 33, § 1; 1991, ch. 30, § 1; 1994, ch. 864, §§ 1, 2; 1995, ch. 2, § 1; 1999, ch. 81, §§ 1, 2; 2002, ch. 856, § 1b; 2005, ch. 86, § 1; 2010 , ch. 616, § 1. Amended by 2015 Tenn. Acts, ch. 19, s 3, eff. 3/27/2015. Amended by 2014 Tenn. Acts, ch. 861, s 9, s 10 eff. 5/1/2014. Acts 1933, ch. 69, § 2; 1937, ch. 88, § 1; 1945, ch. 69, § 1; 1947, ch. 109, § 1; C. Supp. 1950, § 1191.2; impl. am. Acts 1959, ch. 9, § 14; Acts 1969, ch. 212, § 1; 1973, ch. 6, § 1; T.C.A. (orig. ed.), § 57-213; Acts 1981, ch. 307, §§ 1, 4; 1984, ch. 769, § 2; 1987, ch. 33, § 1; 1991, ch. 30, § 1; 1994, ch. 864, §§ 1, 2; 1995, ch. 2, § 1; 1999, ch. 81, §§ 1, 2; 2002, ch. 856, § 1b; 2005, ch. 86, § 1; 2010 , ch. 616, § 1.
(a) (1) Every person, firm, corporation, joint-stock company, syndicate or association in this state storing, selling, distributing, or manufacturing such beer or other beverages as are described in this chapter shall pay a special privilege tax, in addition to all other taxes, in an amount equal to four dollars and twenty-nine cents ($4.29) per barrel of thirty-one liquid gallons (31 gals.) stored, sold, distributed by gift or sale or manufactured in this state; provided, that the rate shall be reduced by fifty cents (50¢) on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first. The tax upon barrels containing more or less than thirty-one gallons (31 gals.) shall be at a proportionate rate. Beer or other such beverage manufactured in Tennessee and thereafter exported for sale, distribution or gift, or dispensed gratuitously and consumed on the premises, shall not be included in the measure of the tax liability hereby provided for. The commissioner of revenue is authorized to promulgate rules and regulations for the purpose of securing the exemption hereby given and for the purpose of preventing such exemption from being claimed in the case of beer sold, distributed or given away in Tennessee. The burden shall be on the manufacturer claiming exemption to establish to the satisfaction of the collection officers that the beverage manufactured in Tennessee is exempt under this subsection (a). (2) Notwithstanding this section or another law to the contrary, any revenue generated from the increase in tax rates from three dollars and forty cents ($3.40) to three dollars and ninety cents ($3.90) must be allocated to the highway fund for the purpose of funding programs for the prevention and collection of litter and trash and matters related to the programs, including special grants for programs described in § 54-1-407 . No later than March 31 of each year, the department of transportation shall transmit to the governor, and the speakers of the house of representatives and senate a report listing the programs receiving funds generated by this subsection (a), the amount of funds received by each program, and the purpose for which the funds were spent. This subdivision (a)(2) shall be repealed on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first.
(1) Every person, firm, corporation, joint-stock company, syndicate or association in this state storing, selling, distributing, or manufacturing such beer or other beverages as are described in this chapter shall pay a special privilege tax, in addition to all other taxes, in an amount equal to four dollars and twenty-nine cents ($4.29) per barrel of thirty-one liquid gallons (31 gals.) stored, sold, distributed by gift or sale or manufactured in this state; provided, that the rate shall be reduced by fifty cents (50¢) on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first. The tax upon barrels containing more or less than thirty-one gallons (31 gals.) shall be at a proportionate rate. Beer or other such beverage manufactured in Tennessee and thereafter exported for sale, distribution or gift, or dispensed gratuitously and consumed on the premises, shall not be included in the measure of the tax liability hereby provided for. The commissioner of revenue is authorized to promulgate rules and regulations for the purpose of securing the exemption hereby given and for the purpose of preventing such exemption from being claimed in the case of beer sold, distributed or given away in Tennessee. The burden shall be on the manufacturer claiming exemption to establish to the satisfaction of the collection officers that the beverage manufactured in Tennessee is exempt under this subsection (a).
(2) Notwithstanding this section or another law to the contrary, any revenue generated from the increase in tax rates from three dollars and forty cents ($3.40) to three dollars and ninety cents ($3.90) must be allocated to the highway fund for the purpose of funding programs for the prevention and collection of litter and trash and matters related to the programs, including special grants for programs described in § 54-1-407 . No later than March 31 of each year, the department of transportation shall transmit to the governor, and the speakers of the house of representatives and senate a report listing the programs receiving funds generated by this subsection (a), the amount of funds received by each program, and the purpose for which the funds were spent. This subdivision (a)(2) shall be repealed on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first.
(b) The tax levied in subsection (a) shall be a state tax and no county, municipality or taxing district shall have power to levy any like tax. This tax shall not apply to beverages previously used as a measure of tax under the provisions hereof.
(c) No retail dealer of beer, as defined in § 57-5-101(b) , shall purchase beer from anyone other than a licensed wholesaler located in this state, and all such purchases shall be delivered by the wholesaler to the retailer's licensed premises only or directly to the retailer at the wholesaler's licensed premises. No wholesale distributor of beer shall purchase beer from anyone other than a licensed manufacturer, importer, or other wholesaler holding a permit issued pursuant to § 57-5-101 , and all such purchases shall be delivered only at a warehouse facility owned or operated by the wholesaler and located within this state. Anyone importing or causing to be imported any beer, as defined in § 57-5-101(b) , shall be liable as other wholesale distributors or dealers hereunder.
(d) Anything to the contrary notwithstanding, a retail dealer of beer as defined in § 57-5-101(b) may purchase such beverages directly from a manufacturer located in Tennessee, licensed hereunder, if the sale of such beverages by the manufacturer directly to retailers is authorized by law pursuant to § 57-5-101 . Any such self-distribution or sale by a manufacturer of its beer directly to a retail dealer of beer constitutes a wholesale sale for purposes of taxation.
Amended by 2022 Tenn. Acts, ch. 903, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 432, s 3, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 158, Secs.s 1, s 2 eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 704, s 2, eff. 6/1/2016.
Amended by 2016 Tenn. Acts, ch. 704, s 1, eff. 6/1/2016.
Amended by 2015 Tenn. Acts, ch. 19, s 3, eff. 3/27/2015.
Amended by 2014 Tenn. Acts, ch. 861, Secs.s 9, s 10 eff. 5/1/2014.
Acts 1933, ch. 69, § 2; 1937, ch. 88, § 1; 1945, ch. 69, § 1; 1947, ch. 109, § 1; C. Supp. 1950, § 1191.2; impl. am. Acts 1959, ch. 9, § 14; Acts 1969, ch. 212, § 1; 1973, ch. 6, § 1; T.C.A. (orig. ed.), § 57-213; Acts 1981, ch. 307, §§ 1, 4; 1984, ch. 769, § 2; 1987, ch. 33, § 1; 1991, ch. 30, § 1; 1994, ch. 864, §§ 1, 2; 1995, ch. 2, § 1; 1999, ch. 81, §§ 1, 2; 2002, ch. 856, § 1b; 2005, ch. 86, § 1; 2010 , ch. 616, § 1.
Amended by 2015 Tenn. Acts, ch. 19, s 3, eff. 3/27/2015.
Amended by 2014 Tenn. Acts, ch. 861, s 9, s 10 eff. 5/1/2014.
Acts 1933, ch. 69, § 2; 1937, ch. 88, § 1; 1945, ch. 69, § 1; 1947, ch. 109, § 1; C. Supp. 1950, § 1191.2; impl. am. Acts 1959, ch. 9, § 14; Acts 1969, ch. 212, § 1; 1973, ch. 6, § 1; T.C.A. (orig. ed.), § 57-213; Acts 1981, ch. 307, §§ 1, 4; 1984, ch. 769, § 2; 1987, ch. 33, § 1; 1991, ch. 30, § 1; 1994, ch. 864, §§ 1, 2; 1995, ch. 2, § 1; 1999, ch. 81, §§ 1, 2; 2002, ch. 856, § 1b; 2005, ch. 86, § 1; 2010 , ch. 616, § 1.
Tenn. Code Ann. § 57-5-204 — TN Code / Title 57 / Chapter 5 / Section 57-5-204
Default in payment of state privilege taxes - Cancellation of certificate
Status: in_force

If any such person shall at any time make default in the payment of the state privilege taxes levied under provisions hereof, the commissioner shall send by registered mail, with return receipt requested, written notice and demand for payment of such delinquent tax, showing the amount thereof due and unpaid, to the surety or sureties on the bond, at the address shown thereon or to the last known address, and if the delinquent tax and all interest and penalties legally due thereon shall not be paid within ten (10) days after the mailing of such notice, the commissioner shall cancel the certificate described under § 57-5-102 and proceed against the delinquent under §§ 29-3-112 and 29-3-113 and the commissioner is authorized and empowered, and it shall be the commissioner's duty, to issue a distress warrant for the collection of all delinquent state privilege taxes due under the provisions hereof, with interest and penalty in the sum of ten percent (10%). Acts 1933, ch. 69, § 7; C. Supp. 1950, § 1191.7; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 57-216.
If any such person shall at any time make default in the payment of the state privilege taxes levied under provisions hereof, the commissioner shall send by registered mail, with return receipt requested, written notice and demand for payment of such delinquent tax, showing the amount thereof due and unpaid, to the surety or sureties on the bond, at the address shown thereon or to the last known address, and if the delinquent tax and all interest and penalties legally due thereon shall not be paid within ten (10) days after the mailing of such notice, the commissioner shall cancel the certificate described under § 57-5-102 and proceed against the delinquent under §§ 29-3-112 and 29-3-113 and the commissioner is authorized and empowered, and it shall be the commissioner's duty, to issue a distress warrant for the collection of all delinquent state privilege taxes due under the provisions hereof, with interest and penalty in the sum of ten percent (10%).
Acts 1933, ch. 69, § 7; C. Supp. 1950, § 1191.7; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 57-216.
Tenn. Code Ann. § 57-6-118 — TN Code / Title 57 / Chapter 6 / Section 57-6-118
Effect of unconstitutionality of part
Status: in_force

In the event this part is declared unconstitutional, it is declared to be the legislative intent not to have repealed chapter 37 of the Public Acts of 1951, and such act shall, in that event, be in full force and effect. Acts 1953, ch. 76, § 19 (Williams, § 1051.36); T.C.A. (orig. ed.), § 57-319.
In the event this part is declared unconstitutional, it is declared to be the legislative intent not to have repealed chapter 37 of the Public Acts of 1951, and such act shall, in that event, be in full force and effect.
Acts 1953, ch. 76, § 19 (Williams, § 1051.36); T.C.A. (orig. ed.), § 57-319.
Tenn. Code Ann. § 57-3-308 — TN Code / Title 57 / Chapter 3 / Section 57-3-308
Taxes on high alcohol content beer
Status: in_force

The taxes imposed on high alcohol content beer shall be as provided in § 57-3-302(a) or § 57-3-303 ( l ), whichever is applicable. Acts 2011 , ch. 448, § 18.
The taxes imposed on high alcohol content beer shall be as provided in § 57-3-302(a) or § 57-3-303 ( l ), whichever is applicable.
Acts 2011 , ch. 448, § 18.
Tenn. Code Ann. § 57-9-109 — TN Code / Title 57 / Chapter 9 / Section 57-9-109
Notice to owners
Status: in_force

The filing of the statement, set out in § 57-9-104 , shall be the only notice that is necessary to be given to the person from whom such liquors were taken, where the person resides within the jurisdiction of the court or where the person was arrested at the time of the seizure of such liquors. Acts 1919, ch. 50, § 5; Shan. Supp., § 6798a19b5; Code 1932, § 11228; T.C.A. (orig. ed.), § 57-610.
The filing of the statement, set out in § 57-9-104 , shall be the only notice that is necessary to be given to the person from whom such liquors were taken, where the person resides within the jurisdiction of the court or where the person was arrested at the time of the seizure of such liquors.
Acts 1919, ch. 50, § 5; Shan. Supp., § 6798a19b5; Code 1932, § 11228; T.C.A. (orig. ed.), § 57-610.
Tenn. Code Ann. § 57-5-603 — TN Code / Title 57 / Chapter 5 / Section 57-5-603
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Beer" has the same meaning as defined in § 57-5-101(b) ; (2) "Beer board" means any entity issuing beer permits for off-premise consumption, pursuant to part 1 of this chapter; (3) "Certified clerk" means a clerk who has successfully satisfied the training requirements contained in this part, and who has received certification from a responsible vendor training program; (4) "Clerk" means any person working in a capacity to sell beer directly to consumers for off-premise consumption; (5) "Commission" means the alcoholic beverage commission; (6) "Responsible vendor" means a vendor that has received certification from the commission pursuant to this part; (7) "Responsible vendor training program" means a training program related to the responsible sale of beer for off-premise consumption that has met all the statutory and regulatory requirements set forth in this part, and in commission rules and regulations; and (8) "Vendor" means a person, corporation or other entity that has been issued a permit to sell beer for off-premise consumption. Acts 2006, ch. 864, § 4.
As used in this part, unless the context otherwise requires:
(1) "Beer" has the same meaning as defined in § 57-5-101(b) ;
(2) "Beer board" means any entity issuing beer permits for off-premise consumption, pursuant to part 1 of this chapter;
(3) "Certified clerk" means a clerk who has successfully satisfied the training requirements contained in this part, and who has received certification from a responsible vendor training program;
(4) "Clerk" means any person working in a capacity to sell beer directly to consumers for off-premise consumption;
(5) "Commission" means the alcoholic beverage commission;
(6) "Responsible vendor" means a vendor that has received certification from the commission pursuant to this part;
(7) "Responsible vendor training program" means a training program related to the responsible sale of beer for off-premise consumption that has met all the statutory and regulatory requirements set forth in this part, and in commission rules and regulations; and
(8) "Vendor" means a person, corporation or other entity that has been issued a permit to sell beer for off-premise consumption.
Acts 2006, ch. 864, § 4.
Tenn. Code Ann. § 57-1-207 — TN Code / Title 57 / Chapter 1 / Section 57-1-207
Delinquent tax - Penalty - Reports
Status: in_force

(a) The commissioner of revenue shall make a written report monthly to the alcoholic beverage commission showing the name of each licensed dealer who is delinquent in the payment or remittance of any tax owing to this state, and such report shall show the kind and amount of such delinquent tax. Each page of the written report shall be on paper measuring eight and one-half inches by eleven inches (8½" x 11") and shall contain information on not more than one (1) licensed dealer who is delinquent in the payment or remittance of any tax owing to this state. (b) Each licensed dealer who is delinquent in the payment or remittance of any of the taxes imposed upon such dealer by law, and who fails, refuses or neglects to pay the tax when due, may have that dealer's license suspended by the commission in its discretion after due notice and hearing as now authorized under § 57-3-214 . If a dealer is delinquent in paying the required taxes for as many as three (3) times in a calendar year, the commission may revoke the dealer's license. (c) The commissioner of revenue shall on or before December 1 of each calendar year furnish to the commission a written report showing the name of each licensed dealer who is delinquent in the payment or remittance of any tax owing to this state. Each page of the written report shall be on paper measuring eight and one-half inches by eleven inches (8½" x 11") and shall contain information on not more than one (1) licensed dealer who is delinquent in the payment or remittance of any tax owing to this state. The report shall include the kind and the amount of such delinquent tax. Any dealer delinquent in taxes shall not have that dealer's license renewed by the commission for the next calendar year until all of the delinquent taxes have been paid, and so certified to the commission by the commissioner of revenue. Acts 1963, ch. 257, § 33; T.C.A., § 57-817; Acts 1993, ch. 144, § 1; 1999, ch. 403, §§ 3, 4.
(a) The commissioner of revenue shall make a written report monthly to the alcoholic beverage commission showing the name of each licensed dealer who is delinquent in the payment or remittance of any tax owing to this state, and such report shall show the kind and amount of such delinquent tax. Each page of the written report shall be on paper measuring eight and one-half inches by eleven inches (8½" x 11") and shall contain information on not more than one (1) licensed dealer who is delinquent in the payment or remittance of any tax owing to this state.
(b) Each licensed dealer who is delinquent in the payment or remittance of any of the taxes imposed upon such dealer by law, and who fails, refuses or neglects to pay the tax when due, may have that dealer's license suspended by the commission in its discretion after due notice and hearing as now authorized under § 57-3-214 . If a dealer is delinquent in paying the required taxes for as many as three (3) times in a calendar year, the commission may revoke the dealer's license.
(c) The commissioner of revenue shall on or before December 1 of each calendar year furnish to the commission a written report showing the name of each licensed dealer who is delinquent in the payment or remittance of any tax owing to this state. Each page of the written report shall be on paper measuring eight and one-half inches by eleven inches (8½" x 11") and shall contain information on not more than one (1) licensed dealer who is delinquent in the payment or remittance of any tax owing to this state. The report shall include the kind and the amount of such delinquent tax. Any dealer delinquent in taxes shall not have that dealer's license renewed by the commission for the next calendar year until all of the delinquent taxes have been paid, and so certified to the commission by the commissioner of revenue.
Acts 1963, ch. 257, § 33; T.C.A., § 57-817; Acts 1993, ch. 144, § 1; 1999, ch. 403, §§ 3, 4.
Tenn. Code Ann. § 57-5-509 — TN Code / Title 57 / Chapter 5 / Section 57-5-509
Disputes - Arbitration
Status: in_force

Any dispute arising under this part may be settled by arbitration if every party involved in the dispute agrees to arbitrate. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the laws of this state, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A wholesaler has the absolute right to refuse to arbitrate any dispute arising under this part. Acts 1990, ch. 618, § 9.
Any dispute arising under this part may be settled by arbitration if every party involved in the dispute agrees to arbitrate. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the laws of this state, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A wholesaler has the absolute right to refuse to arbitrate any dispute arising under this part.
Acts 1990, ch. 618, § 9.
Tenn. Code Ann. § 57-3-101 — TN Code / Title 57 / Chapter 3 / Section 57-3-101
Title definitions
Status: in_force

(a) As used in this title, unless the context requires otherwise: (1) (A) "Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in § 57-5-101 . Notwithstanding any provision to the contrary in this title, except for beer as defined in § 57-5-101(b) , "alcoholic beverage" or "beverage" also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, regardless of alcohol content. Liquid products intended for beverage purposes containing alcohol that do not meet the definition of beer under § 57-5-101(b) shall also be alcoholic beverages. Notwithstanding this subdivision (a)(1)(A), products or beverages containing less than one-half of one percent (0.5%) alcohol by volume, other than wine as defined in this section, shall not be considered to be alcoholic beverages, and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title. (B) Notwithstanding this definition, ethanol produced in a facility whose production process is primarily a wet milling process in bulk and sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit: (i) For export to another country; (ii) To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or (iii) To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume; shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title; (2) (A) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed manufacturers to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-202(m) ; (B) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed wineries to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-207(y) ; (3) "Commission" means the alcoholic beverage commission, except as otherwise provided; (4) "Distiller" means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent; (5) "Distillery" means and includes any place or premises wherein any liquors are manufactured for sale; (6) "Federal license" does not mean tax receipt or permit; (7) "Gallon" or "gallons" means a wine gallon or wine gallons, of one hundred twenty-eight ounces (128 oz.); (8) "Gift" means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received; provided, however, that it does not include any such transaction between a licensee and its employee or employees in the normal course of employment or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid; (9) "High alcohol content beer" means an alcoholic beverage which is beer, ale or other malt beverage having an alcoholic content of more than eight percent (8%) by weight and not more than twenty percent (20%) by weight, except wine as defined in § 57-3-101 , that is brewed, regulated, distributed or sold pursuant to chapter 3 of this title; provided, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol; (10) "Importer" means any person or entity holding a non-manufacturer non-resident seller's permit pursuant to § 57-3-602(c) or any entity causing alcoholic beverages to be delivered or shipped into this state holding an importer's basic permit from the alcohol and tobacco tax and trade bureau of the United States department of the treasury; (11) "License" means the license issued pursuant to this chapter; (12) "Licensee" means any person to whom such license has been issued pursuant to this chapter; (13) "Manufacture" means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery; (14) "Manufacturer" means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier; (15) (A) "Municipality" means an incorporated town or city having a population of: (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census; or (ii) Not less than five hundred seventy (570) nor more than six hundred ninety-nine (699), according to the 2020 federal census or a subsequent federal census, and that employs a full-time police department; and (B) When an incorporated town or city by ordinance authorizes a census to be taken of such incorporated town or city and provides the commission with a certified copy of the census containing the name, address, age, and sex of each person enumerated therein, and if the census shows that the incorporated town or city meets the requirements of subdivision (a)(15)(A), the commission, upon verification of the census and the existence of a full-time police department, if applicable, may declare such incorporated town or city to be a "municipality" for the purposes of this chapter; (16) "Pint" means one-eighth (1/8) of a wine gallon; (17) "Quart" means one-fourth (¼) of a wine gallon; (18) "Rectifier" means and includes any person who rectifies, purifies or refines distilled spirits or wines by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits, shall, by mixing such spirits, wine or other liquor with any material, manufacture any imitation of, or compounds liquors for sale under the name of, whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name; (19) "Retail food store wine license" means a license for the sale of wine at retail in a retail food store as defined in part 8 of this chapter; (20) "Retailer" means any person who sells at retail any beverage for the sale of which a license is required under this chapter; (21) "Retail sale" or "sale at retail" means a sale to a consumer or to any person for any purpose other than for resale; provided, however, that it does not include any transaction between a licensee and its employee or employees in the normal course of employment for which no payment is expected or received or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid; (22) "Vintner" means any person who owns, occupies, carries on, works, conducts or operates any winery, either personally or by an agent; (23) "Wholesaler" means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter; (24) "Wholesale sale" or "sale at wholesale" means a sale to any person for purposes of resale, except that sales by a person licensed under § 57-3-204 to a charitable, nonprofit, or political organization possessing a valid special occasion license for resale by such organizations pursuant to their special occasion license shall not be construed as such a sale; (25) "Wine" means the product of the normal alcoholic fermentation of the juice of dried or fresh, sound, ripe grapes, fruit, or other agricultural products, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne, sparkling, and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product may be called "wine" unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or as an artificial or imitation wine; and (26) "Winery" means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded, and also includes a winery for the manufacture of wine. (b) Words importing the masculine gender include the feminine and the neuter, and the singular includes the plural. Amended by 2023 Tenn. Acts, ch. 236, s 1, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 109, s 1, eff. 4/4/2023. Amended by 2023 Tenn. Acts, ch. 95, s 1, eff. 3/31/2023. Amended by 2022 Tenn. Acts, ch. 689, s 1, eff. 3/28/2022. Amended by 2021 Tenn. Acts, ch. 426, s 1, eff. 5/12/2021. Amended by 2015 Tenn. Acts, ch. 269, s 1, eff. 4/24/2015. Amended by 2014 Tenn. Acts, ch. 767, s 3, eff. 5/1/2014. Amended by 2014 Tenn. Acts, ch. 554, s 6, eff. 7/1/2014. Acts 1939, ch. 49, §§ 3, 4, 13; 1949, ch. 284, § 9; C. Supp. 1950, §§ 6648.4, 6648.19 (Williams, §§ 6648.6, 6648.7, 6648.16); Acts 1955, ch. 347, § 2A; impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 257, § 11; modified; T.C.A. (orig. ed.), § 57-106; Acts 1981, ch. 404, § 4; 1982, ch. 877, § 5; 1983, ch. 229, § 4; 1986, ch. 516, § 1; 1989, ch. 325, § 1; 1991, ch. 58, § 1; 1997 , ch. 155, § 2; 2005, ch. 298, § 1; 2009 , ch. 395, §§ 1, 2; 2011 , ch. 448, §§ 7-11.
(a) As used in this title, unless the context requires otherwise: (1) (A) "Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in § 57-5-101 . Notwithstanding any provision to the contrary in this title, except for beer as defined in § 57-5-101(b) , "alcoholic beverage" or "beverage" also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, regardless of alcohol content. Liquid products intended for beverage purposes containing alcohol that do not meet the definition of beer under § 57-5-101(b) shall also be alcoholic beverages. Notwithstanding this subdivision (a)(1)(A), products or beverages containing less than one-half of one percent (0.5%) alcohol by volume, other than wine as defined in this section, shall not be considered to be alcoholic beverages, and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title. (B) Notwithstanding this definition, ethanol produced in a facility whose production process is primarily a wet milling process in bulk and sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit: (i) For export to another country; (ii) To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or (iii) To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume; shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title; (2) (A) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed manufacturers to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-202(m) ; (B) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed wineries to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-207(y) ; (3) "Commission" means the alcoholic beverage commission, except as otherwise provided; (4) "Distiller" means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent; (5) "Distillery" means and includes any place or premises wherein any liquors are manufactured for sale; (6) "Federal license" does not mean tax receipt or permit; (7) "Gallon" or "gallons" means a wine gallon or wine gallons, of one hundred twenty-eight ounces (128 oz.); (8) "Gift" means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received; provided, however, that it does not include any such transaction between a licensee and its employee or employees in the normal course of employment or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid; (9) "High alcohol content beer" means an alcoholic beverage which is beer, ale or other malt beverage having an alcoholic content of more than eight percent (8%) by weight and not more than twenty percent (20%) by weight, except wine as defined in § 57-3-101 , that is brewed, regulated, distributed or sold pursuant to chapter 3 of this title; provided, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol; (10) "Importer" means any person or entity holding a non-manufacturer non-resident seller's permit pursuant to § 57-3-602(c) or any entity causing alcoholic beverages to be delivered or shipped into this state holding an importer's basic permit from the alcohol and tobacco tax and trade bureau of the United States department of the treasury; (11) "License" means the license issued pursuant to this chapter; (12) "Licensee" means any person to whom such license has been issued pursuant to this chapter; (13) "Manufacture" means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery; (14) "Manufacturer" means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier; (15) (A) "Municipality" means an incorporated town or city having a population of: (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census; or (ii) Not less than five hundred seventy (570) nor more than six hundred ninety-nine (699), according to the 2020 federal census or a subsequent federal census, and that employs a full-time police department; and (B) When an incorporated town or city by ordinance authorizes a census to be taken of such incorporated town or city and provides the commission with a certified copy of the census containing the name, address, age, and sex of each person enumerated therein, and if the census shows that the incorporated town or city meets the requirements of subdivision (a)(15)(A), the commission, upon verification of the census and the existence of a full-time police department, if applicable, may declare such incorporated town or city to be a "municipality" for the purposes of this chapter; (16) "Pint" means one-eighth (1/8) of a wine gallon; (17) "Quart" means one-fourth (¼) of a wine gallon; (18) "Rectifier" means and includes any person who rectifies, purifies or refines distilled spirits or wines by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits, shall, by mixing such spirits, wine or other liquor with any material, manufacture any imitation of, or compounds liquors for sale under the name of, whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name; (19) "Retail food store wine license" means a license for the sale of wine at retail in a retail food store as defined in part 8 of this chapter; (20) "Retailer" means any person who sells at retail any beverage for the sale of which a license is required under this chapter; (21) "Retail sale" or "sale at retail" means a sale to a consumer or to any person for any purpose other than for resale; provided, however, that it does not include any transaction between a licensee and its employee or employees in the normal course of employment for which no payment is expected or received or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid; (22) "Vintner" means any person who owns, occupies, carries on, works, conducts or operates any winery, either personally or by an agent; (23) "Wholesaler" means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter; (24) "Wholesale sale" or "sale at wholesale" means a sale to any person for purposes of resale, except that sales by a person licensed under § 57-3-204 to a charitable, nonprofit, or political organization possessing a valid special occasion license for resale by such organizations pursuant to their special occasion license shall not be construed as such a sale; (25) "Wine" means the product of the normal alcoholic fermentation of the juice of dried or fresh, sound, ripe grapes, fruit, or other agricultural products, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne, sparkling, and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product may be called "wine" unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or as an artificial or imitation wine; and (26) "Winery" means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded, and also includes a winery for the manufacture of wine.
(1) (A) "Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in § 57-5-101 . Notwithstanding any provision to the contrary in this title, except for beer as defined in § 57-5-101(b) , "alcoholic beverage" or "beverage" also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, regardless of alcohol content. Liquid products intended for beverage purposes containing alcohol that do not meet the definition of beer under § 57-5-101(b) shall also be alcoholic beverages. Notwithstanding this subdivision (a)(1)(A), products or beverages containing less than one-half of one percent (0.5%) alcohol by volume, other than wine as defined in this section, shall not be considered to be alcoholic beverages, and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title. (B) Notwithstanding this definition, ethanol produced in a facility whose production process is primarily a wet milling process in bulk and sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit: (i) For export to another country; (ii) To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or (iii) To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume; shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title;
(A) "Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in § 57-5-101 . Notwithstanding any provision to the contrary in this title, except for beer as defined in § 57-5-101(b) , "alcoholic beverage" or "beverage" also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, regardless of alcohol content. Liquid products intended for beverage purposes containing alcohol that do not meet the definition of beer under § 57-5-101(b) shall also be alcoholic beverages. Notwithstanding this subdivision (a)(1)(A), products or beverages containing less than one-half of one percent (0.5%) alcohol by volume, other than wine as defined in this section, shall not be considered to be alcoholic beverages, and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title.
(B) Notwithstanding this definition, ethanol produced in a facility whose production process is primarily a wet milling process in bulk and sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit: (i) For export to another country; (ii) To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or (iii) To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume; shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title;
(i) For export to another country;
(ii) To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or
(iii) To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume; shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title;
shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title;
(2) (A) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed manufacturers to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-202(m) ; (B) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed wineries to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-207(y) ;
(A) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed manufacturers to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-202(m) ;
(B) "Alternating proprietorship agreement" means an agreement between two (2) or more licensed wineries to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-207(y) ;
(3) "Commission" means the alcoholic beverage commission, except as otherwise provided;
(4) "Distiller" means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent;
(5) "Distillery" means and includes any place or premises wherein any liquors are manufactured for sale;
(6) "Federal license" does not mean tax receipt or permit;
(7) "Gallon" or "gallons" means a wine gallon or wine gallons, of one hundred twenty-eight ounces (128 oz.);
(8) "Gift" means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received; provided, however, that it does not include any such transaction between a licensee and its employee or employees in the normal course of employment or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid;
(9) "High alcohol content beer" means an alcoholic beverage which is beer, ale or other malt beverage having an alcoholic content of more than eight percent (8%) by weight and not more than twenty percent (20%) by weight, except wine as defined in § 57-3-101 , that is brewed, regulated, distributed or sold pursuant to chapter 3 of this title; provided, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol;
(10) "Importer" means any person or entity holding a non-manufacturer non-resident seller's permit pursuant to § 57-3-602(c) or any entity causing alcoholic beverages to be delivered or shipped into this state holding an importer's basic permit from the alcohol and tobacco tax and trade bureau of the United States department of the treasury;
(11) "License" means the license issued pursuant to this chapter;
(12) "Licensee" means any person to whom such license has been issued pursuant to this chapter;
(13) "Manufacture" means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery;
(14) "Manufacturer" means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier;
(15) (A) "Municipality" means an incorporated town or city having a population of: (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census; or (ii) Not less than five hundred seventy (570) nor more than six hundred ninety-nine (699), according to the 2020 federal census or a subsequent federal census, and that employs a full-time police department; and (B) When an incorporated town or city by ordinance authorizes a census to be taken of such incorporated town or city and provides the commission with a certified copy of the census containing the name, address, age, and sex of each person enumerated therein, and if the census shows that the incorporated town or city meets the requirements of subdivision (a)(15)(A), the commission, upon verification of the census and the existence of a full-time police department, if applicable, may declare such incorporated town or city to be a "municipality" for the purposes of this chapter;
(A) "Municipality" means an incorporated town or city having a population of: (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census; or (ii) Not less than five hundred seventy (570) nor more than six hundred ninety-nine (699), according to the 2020 federal census or a subsequent federal census, and that employs a full-time police department; and
(i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census; or
(ii) Not less than five hundred seventy (570) nor more than six hundred ninety-nine (699), according to the 2020 federal census or a subsequent federal census, and that employs a full-time police department; and
(B) When an incorporated town or city by ordinance authorizes a census to be taken of such incorporated town or city and provides the commission with a certified copy of the census containing the name, address, age, and sex of each person enumerated therein, and if the census shows that the incorporated town or city meets the requirements of subdivision (a)(15)(A), the commission, upon verification of the census and the existence of a full-time police department, if applicable, may declare such incorporated town or city to be a "municipality" for the purposes of this chapter;
(16) "Pint" means one-eighth (1/8) of a wine gallon;
(17) "Quart" means one-fourth (¼) of a wine gallon;
(18) "Rectifier" means and includes any person who rectifies, purifies or refines distilled spirits or wines by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits, shall, by mixing such spirits, wine or other liquor with any material, manufacture any imitation of, or compounds liquors for sale under the name of, whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name;
(19) "Retail food store wine license" means a license for the sale of wine at retail in a retail food store as defined in part 8 of this chapter;
(20) "Retailer" means any person who sells at retail any beverage for the sale of which a license is required under this chapter;
(21) "Retail sale" or "sale at retail" means a sale to a consumer or to any person for any purpose other than for resale; provided, however, that it does not include any transaction between a licensee and its employee or employees in the normal course of employment for which no payment is expected or received or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid;
(22) "Vintner" means any person who owns, occupies, carries on, works, conducts or operates any winery, either personally or by an agent;
(23) "Wholesaler" means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter;
(24) "Wholesale sale" or "sale at wholesale" means a sale to any person for purposes of resale, except that sales by a person licensed under § 57-3-204 to a charitable, nonprofit, or political organization possessing a valid special occasion license for resale by such organizations pursuant to their special occasion license shall not be construed as such a sale;
(25) "Wine" means the product of the normal alcoholic fermentation of the juice of dried or fresh, sound, ripe grapes, fruit, or other agricultural products, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne, sparkling, and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product may be called "wine" unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or as an artificial or imitation wine; and
(26) "Winery" means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded, and also includes a winery for the manufacture of wine.
(b) Words importing the masculine gender include the feminine and the neuter, and the singular includes the plural.
Amended by 2023 Tenn. Acts, ch. 236, s 1, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 109, s 1, eff. 4/4/2023.
Amended by 2023 Tenn. Acts, ch. 95, s 1, eff. 3/31/2023.
Amended by 2022 Tenn. Acts, ch. 689, s 1, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 426, s 1, eff. 5/12/2021.
Amended by 2015 Tenn. Acts, ch. 269, s 1, eff. 4/24/2015.
Amended by 2014 Tenn. Acts, ch. 767, s 3, eff. 5/1/2014.
Amended by 2014 Tenn. Acts, ch. 554, s 6, eff. 7/1/2014.
Acts 1939, ch. 49, §§ 3, 4, 13; 1949, ch. 284, § 9; C. Supp. 1950, §§ 6648.4, 6648.19 (Williams, §§ 6648.6, 6648.7, 6648.16); Acts 1955, ch. 347, § 2A; impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 257, § 11; modified; T.C.A. (orig. ed.), § 57-106; Acts 1981, ch. 404, § 4; 1982, ch. 877, § 5; 1983, ch. 229, § 4; 1986, ch. 516, § 1; 1989, ch. 325, § 1; 1991, ch. 58, § 1; 1997 , ch. 155, § 2; 2005, ch. 298, § 1; 2009 , ch. 395, §§ 1, 2; 2011 , ch. 448, §§ 7-11.
Tenn. Code Ann. § 57-5-505 — TN Code / Title 57 / Chapter 5 / Section 57-5-505
Termination or modification of agreement with wholesaler by supplier upon written notice - Conditions
Status: in_force

(a) A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler immediately upon written notice given by the supplier as provided in § 57-5-508 only if any of the following occurs: (1) Revocation of a governmental permit held by the wholesaler, whereby the wholesaler cannot service the wholesaler's sales territory for a period of more than sixty (60) days; (2) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler, where such condition materially affects the wholesaler's ability to remain in business; (3) Fraud by the wholesaler in dealings with the supplier or its products that adversely affects the interests of the supplier; (4) Violation of § 57-6-104(f) , if it was done at the direction or with the knowledge of a substantial stockholder or substantial partner. If a governmental permit held by a wholesaler is suspended temporarily so that the wholesaler cannot service its sales territory for a brand or brands, then upon agreement of the supplier of that brand or brands and the wholesaler whose permit has been suspended, another wholesaler who handles the same brand or brands can service the sales territory during the period of suspension; or (5) The wholesaler has failed to pay for beer ordered and delivered in accordance with established terms with a supplier and fails to make full payment within five (5) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier. (b) Where the wholesaler notifies the supplier in writing by certified mail of the wholesaler's intent to cease distribution of a brand sold by the supplier, the supplier can amend, modify, terminate, cancel, discontinue or fail to renew the agreement immediately with respect to that brand. Acts 1990, ch. 618, § 5.
(a) A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler immediately upon written notice given by the supplier as provided in § 57-5-508 only if any of the following occurs: (1) Revocation of a governmental permit held by the wholesaler, whereby the wholesaler cannot service the wholesaler's sales territory for a period of more than sixty (60) days; (2) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler, where such condition materially affects the wholesaler's ability to remain in business; (3) Fraud by the wholesaler in dealings with the supplier or its products that adversely affects the interests of the supplier; (4) Violation of § 57-6-104(f) , if it was done at the direction or with the knowledge of a substantial stockholder or substantial partner. If a governmental permit held by a wholesaler is suspended temporarily so that the wholesaler cannot service its sales territory for a brand or brands, then upon agreement of the supplier of that brand or brands and the wholesaler whose permit has been suspended, another wholesaler who handles the same brand or brands can service the sales territory during the period of suspension; or (5) The wholesaler has failed to pay for beer ordered and delivered in accordance with established terms with a supplier and fails to make full payment within five (5) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.
(1) Revocation of a governmental permit held by the wholesaler, whereby the wholesaler cannot service the wholesaler's sales territory for a period of more than sixty (60) days;
(2) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler, where such condition materially affects the wholesaler's ability to remain in business;
(3) Fraud by the wholesaler in dealings with the supplier or its products that adversely affects the interests of the supplier;
(4) Violation of § 57-6-104(f) , if it was done at the direction or with the knowledge of a substantial stockholder or substantial partner. If a governmental permit held by a wholesaler is suspended temporarily so that the wholesaler cannot service its sales territory for a brand or brands, then upon agreement of the supplier of that brand or brands and the wholesaler whose permit has been suspended, another wholesaler who handles the same brand or brands can service the sales territory during the period of suspension; or
(5) The wholesaler has failed to pay for beer ordered and delivered in accordance with established terms with a supplier and fails to make full payment within five (5) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.
(b) Where the wholesaler notifies the supplier in writing by certified mail of the wholesaler's intent to cease distribution of a brand sold by the supplier, the supplier can amend, modify, terminate, cancel, discontinue or fail to renew the agreement immediately with respect to that brand.
Acts 1990, ch. 618, § 5.