Tenn. Code Ann. § 57-3-103 — TN Code / Title 57 / Chapter 3 / Section 57-3-103
Construction of chapter
Status: in_force

(a) (1) Nothing in this chapter shall affect chapter 2 of this title. (2) Alcoholic beverages lawfully manufactured pursuant to chapter 2 of this title may be lawfully sold in Tennessee by a manufacturer to a wholesaler duly licensed, in those counties or municipalities which favor local option after election duly held and carried as hereinafter provided for. Any manufacturer now operating pursuant to chapter 2 of this title may continue to do so without being affected in any way by this chapter, except as otherwise expressly provided herein. (b) Except as specifically permitted in §§ 57-3-207 , 57-3-402 and 57-3-403 , no person may store any alcoholic beverages, unless the person holds a license under § 57-3-203 , § 57-3-204 , § 57-3-218 or § 57-4-101 , or is employed by the licensee, unless the alcoholic beverage is intended for that person's personal or social use. (c) It is the intent of the general assembly to be certain that any product containing or manufactured with distilled alcohol should be distributed only in those jurisdictions authorizing the sale of alcoholic beverages, and such distribution be subject to the rules and regulations of the commission. Amended by 2014 Tenn. Acts, ch. 861,s 4, eff. 5/1/2014. Amended by 2014 Tenn. Acts, ch. 554,s 20, eff. 7/1/2014. Acts 1939, ch. 49, § 2; C. Supp. 1950, § 6648.6 (Williams, § 6648.5); T.C.A. (orig. ed.), § 57-108; Acts 1983, ch. 229, § 5; 1986, ch. 516, §§ 2, 3; 2006, ch. 955, § 1; 2011, ch. 451, § 5.
(a) (1) Nothing in this chapter shall affect chapter 2 of this title. (2) Alcoholic beverages lawfully manufactured pursuant to chapter 2 of this title may be lawfully sold in Tennessee by a manufacturer to a wholesaler duly licensed, in those counties or municipalities which favor local option after election duly held and carried as hereinafter provided for. Any manufacturer now operating pursuant to chapter 2 of this title may continue to do so without being affected in any way by this chapter, except as otherwise expressly provided herein.
(1) Nothing in this chapter shall affect chapter 2 of this title.
(2) Alcoholic beverages lawfully manufactured pursuant to chapter 2 of this title may be lawfully sold in Tennessee by a manufacturer to a wholesaler duly licensed, in those counties or municipalities which favor local option after election duly held and carried as hereinafter provided for. Any manufacturer now operating pursuant to chapter 2 of this title may continue to do so without being affected in any way by this chapter, except as otherwise expressly provided herein.
(b) Except as specifically permitted in §§ 57-3-207 , 57-3-402 and 57-3-403 , no person may store any alcoholic beverages, unless the person holds a license under § 57-3-203 , § 57-3-204 , § 57-3-218 or § 57-4-101 , or is employed by the licensee, unless the alcoholic beverage is intended for that person's personal or social use.
(c) It is the intent of the general assembly to be certain that any product containing or manufactured with distilled alcohol should be distributed only in those jurisdictions authorizing the sale of alcoholic beverages, and such distribution be subject to the rules and regulations of the commission.
Amended by 2014 Tenn. Acts, ch. 861,s 4, eff. 5/1/2014.
Amended by 2014 Tenn. Acts, ch. 554,s 20, eff. 7/1/2014.
Acts 1939, ch. 49, § 2; C. Supp. 1950, § 6648.6 (Williams, § 6648.5); T.C.A. (orig. ed.), § 57-108; Acts 1983, ch. 229, § 5; 1986, ch. 516, §§ 2, 3; 2006, ch. 955, § 1; 2011, ch. 451, § 5.
Tenn. Code Ann. § 57-9-117 — TN Code / Title 57 / Chapter 9 / Section 57-9-117
Disposition of liquor bearing no federal tax stamp - Destruction of spoiled liquor
Status: in_force

Should liquor not having a federal stamp on the bottle or package be captured or taken in possession by officers, then the court shall order such liquor destroyed, or may order it turned over to federal authorities for evidence; and if it should appear that any liquor seized in accordance with this part, though having a federal stamp thereon, is not fit for consumption, the court shall order the same to be destroyed. Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-618.
Should liquor not having a federal stamp on the bottle or package be captured or taken in possession by officers, then the court shall order such liquor destroyed, or may order it turned over to federal authorities for evidence; and if it should appear that any liquor seized in accordance with this part, though having a federal stamp thereon, is not fit for consumption, the court shall order the same to be destroyed.
Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-618.
Tenn. Code Ann. § 57-3-107 — TN Code / Title 57 / Chapter 3 / Section 57-3-107
Counties in which no election held - Counties voting against local option - Effect - Transportation of intoxicating liquors through dry counties
Status: in_force

(a) In the several counties, or portions thereof, and in the several municipalities wherein separate local option election may be held under the provisions hereof, in which no local option election is held, or, if held, a majority of votes cast therein are against local option, then as to that county or portion thereof, or municipality, nothing in this chapter shall be so construed as to modify in any respect the statutes now in force relating to the manufacture, sale, transportation, and/or possession of intoxicating liquors, but the same shall remain in full force and effect. (b) It shall be lawful to transport alcoholic beverages through such counties in which no local option election is held, or if the election is held and the majority of votes cast therein are against local option, if, in either such case, such beverages are in sealed bottles or containers, and are moving from a duly licensed manufacturer to a licensed wholesaler, or from a wholesaler to a licensed retailer, and such shipment is accompanied by a bill of lading or other instrument in writing showing the destination of such alcoholic beverages. (c) Whenever any county or municipality wherein traffic in alcoholic beverages has been legalized, shall, by a majority vote in a local option election held as set out herein, prohibit such traffic, all licensed dealers in such county or municipality shall have ninety (90) days from the final determination of the results of the election to dispose of their stocks of alcoholic beverages and wind up their businesses. Acts 1939, ch. 49, § 17; C. Supp. 1950, § 6648.9 (Williams, § 6648.20); Acts 1951, ch. 138, § 2; 1967, ch. 215, § 2; modified; T.C.A. (orig. ed.), § 57-112.
(a) In the several counties, or portions thereof, and in the several municipalities wherein separate local option election may be held under the provisions hereof, in which no local option election is held, or, if held, a majority of votes cast therein are against local option, then as to that county or portion thereof, or municipality, nothing in this chapter shall be so construed as to modify in any respect the statutes now in force relating to the manufacture, sale, transportation, and/or possession of intoxicating liquors, but the same shall remain in full force and effect.
(b) It shall be lawful to transport alcoholic beverages through such counties in which no local option election is held, or if the election is held and the majority of votes cast therein are against local option, if, in either such case, such beverages are in sealed bottles or containers, and are moving from a duly licensed manufacturer to a licensed wholesaler, or from a wholesaler to a licensed retailer, and such shipment is accompanied by a bill of lading or other instrument in writing showing the destination of such alcoholic beverages.
(c) Whenever any county or municipality wherein traffic in alcoholic beverages has been legalized, shall, by a majority vote in a local option election held as set out herein, prohibit such traffic, all licensed dealers in such county or municipality shall have ninety (90) days from the final determination of the results of the election to dispose of their stocks of alcoholic beverages and wind up their businesses.
Acts 1939, ch. 49, § 17; C. Supp. 1950, § 6648.9 (Williams, § 6648.20); Acts 1951, ch. 138, § 2; 1967, ch. 215, § 2; modified; T.C.A. (orig. ed.), § 57-112.
Tenn. Code Ann. § 57-4-105 — TN Code / Title 57 / Chapter 4 / Section 57-4-105
Serving wine at art galleries
Status: in_force

Any art gallery that does not sell food or beverages and that receives ninety percent (90%) of its revenue from the sale of artwork may serve wine to patrons of such art gallery without a charge. Such art gallery shall not serve wine to a patron who is intoxicated or believed to be intoxicated. Notwithstanding any other law to the contrary, any art gallery permitted to serve wine under this section shall not be required to pay any fees or taxes related to the privilege of serving wine. Acts 2004, ch. 954, § 1.
Any art gallery that does not sell food or beverages and that receives ninety percent (90%) of its revenue from the sale of artwork may serve wine to patrons of such art gallery without a charge. Such art gallery shall not serve wine to a patron who is intoxicated or believed to be intoxicated. Notwithstanding any other law to the contrary, any art gallery permitted to serve wine under this section shall not be required to pay any fees or taxes related to the privilege of serving wine.
Acts 2004, ch. 954, § 1.
Tenn. Code Ann. § 57-6-201 — TN Code / Title 57 / Chapter 6 / Section 57-6-201
Tax levy - Enforcement - Disposition of collections
Status: in_force

(a) There is imposed an additional tax upon the sale of alcoholic beverages at wholesale in the amount of fifteen cents (15¢) per case for each case of alcoholic beverages sold at wholesale in Tennessee. The tax imposed herein shall be paid monthly by the wholesaler upon the number of cases of alcoholic beverages sold by the wholesaler during the preceding month to the department, and all of which tax shall be used or spent by the alcoholic beverage commission. (b) For the purpose of enforcing this part and ascertaining the amount of tax due under this section, it shall be the duty of each wholesaler, on or before the fifteenth day of each month, to file a report with the commissioner upon forms prescribed, prepared and furnished by the commissioner showing information relative to sales and disposition of all alcoholic beverages and such other related information as the commissioner may require. (c) All moneys collected under this section shall be turned over to the state treasurer for deposit in the general fund, the money to be appropriated for expenditures by the general assembly. Amended by 2022 Tenn. Acts, ch. 714, s 1, eff. 3/18/2022. Acts 1959, ch. 278, § 1; 1963, ch. 259, §§ 1, 3; 1970, ch. 371, § 2; 1975, ch. 31, § 1; 1975, ch. 275, § 1; T.C.A., § 57-706; Acts 1980, ch. 885, § 8; 1988, ch. 526, § 17.
(a) There is imposed an additional tax upon the sale of alcoholic beverages at wholesale in the amount of fifteen cents (15¢) per case for each case of alcoholic beverages sold at wholesale in Tennessee. The tax imposed herein shall be paid monthly by the wholesaler upon the number of cases of alcoholic beverages sold by the wholesaler during the preceding month to the department, and all of which tax shall be used or spent by the alcoholic beverage commission.
(b) For the purpose of enforcing this part and ascertaining the amount of tax due under this section, it shall be the duty of each wholesaler, on or before the fifteenth day of each month, to file a report with the commissioner upon forms prescribed, prepared and furnished by the commissioner showing information relative to sales and disposition of all alcoholic beverages and such other related information as the commissioner may require.
(c) All moneys collected under this section shall be turned over to the state treasurer for deposit in the general fund, the money to be appropriated for expenditures by the general assembly.
Amended by 2022 Tenn. Acts, ch. 714, s 1, eff. 3/18/2022.
Acts 1959, ch. 278, § 1; 1963, ch. 259, §§ 1, 3; 1970, ch. 371, § 2; 1975, ch. 31, § 1; 1975, ch. 275, § 1; T.C.A., § 57-706; Acts 1980, ch. 885, § 8; 1988, ch. 526, § 17.
Tenn. Code Ann. § 57-3-206 — TN Code / Title 57 / Chapter 3 / Section 57-3-206
Collection and disposition of wholesale and retail dealers license fees
Status: in_force

It is made the duty of the commission to collect all license fees paid or due the state on account of each license issued to a wholesale or retail dealer in alcoholic spirituous beverages, or in respect to the continuance of any of such licenses. The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers, and functions of the commission. Acts 1939, ch. 49, § 13; mod. C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 22; T.C.A. (orig. ed.), § 57-119; Acts 2004, ch. 876, § 1.
It is made the duty of the commission to collect all license fees paid or due the state on account of each license issued to a wholesale or retail dealer in alcoholic spirituous beverages, or in respect to the continuance of any of such licenses. The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers, and functions of the commission.
Acts 1939, ch. 49, § 13; mod. C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 22; T.C.A. (orig. ed.), § 57-119; Acts 2004, ch. 876, § 1.
Tenn. Code Ann. § 57-1-112 — TN Code / Title 57 / Chapter 1 / Section 57-1-112
"Licensed retailer", "retailer" or "retail licensee" to include retail food store wine licensees
Status: in_force

As used in §§ 57-1-110 , 57-3-406(b) and (g) and 57-3-204(c) , "licensed retailer", "retailer" or "retail licensee" shall be construed to include and apply to retail food stores which have been issued a retail food store wine license. Added by 2014 Tenn. Acts, ch. 554, s 4, eff. 7/1/2014.
As used in §§ 57-1-110 , 57-3-406(b) and (g) and 57-3-204(c) , "licensed retailer", "retailer" or "retail licensee" shall be construed to include and apply to retail food stores which have been issued a retail food store wine license.
Added by 2014 Tenn. Acts, ch. 554, s 4, eff. 7/1/2014.
Tenn. Code Ann. § 57-3-211 — TN Code / Title 57 / Chapter 3 / Section 57-3-211
Display of license, rules and regulations
Status: in_force

Any person granted a license to carry on any of the businesses or undertakings contemplated by this chapter shall, before being qualified to do business, display and post, and keep displayed and posted, in the most conspicuous place on the premises, such license, and shall promptly procure and keep at the place of business a copy of the rules and regulations promulgated by the commission. Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 27; T.C.A. (orig. ed.), § 57-124.
Any person granted a license to carry on any of the businesses or undertakings contemplated by this chapter shall, before being qualified to do business, display and post, and keep displayed and posted, in the most conspicuous place on the premises, such license, and shall promptly procure and keep at the place of business a copy of the rules and regulations promulgated by the commission.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 27; T.C.A. (orig. ed.), § 57-124.
Tenn. Code Ann. § 57-5-512 — TN Code / Title 57 / Chapter 5 / Section 57-5-512
Applicability
Status: in_force

(a) This part applies to agreements in existence on March 1, 1990, as well as agreements entered into or renewed after that date. (b) A transferee of a wholesaler's business that continues to operate the business shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer. (c) If a particular brand or brands of beer are transferred by purchase or otherwise from one supplier to another, the new supplier shall be bound by all terms and conditions of each agreement of the previous supplier with respect to that brand or brands in effect on the date of the transfer as a condition of continuing to sell that brand or brands in this state. (d) An agreement to purchase and sell a brand of beer shall include the right to purchase and sell each other beer marketed under the same principal brand name or trademark, regardless of any variation in any other words, names, symbols or devices used to identify such beers and regardless of any differences in the packaging, formulation or production of such beers. Notwithstanding the foregoing, an agreement to purchase and sell a brand of beer shall not include the right to purchase and sell any other beer solely as a result of the use of the manufacturer's or importer's trade name in both such beers' packaging, so long as such trade name is not part of the beers' principal brand name or trademark. (e) This part shall only be applicable to agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content of five percent (5%) by weight or less. All agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content greater than five percent (5%) by weight shall be governed by title 47, chapter 25, part 15. Amended by 2014 Tenn. Acts, ch. 861,s 23, eff. 5/1/2014. Acts 1990, ch. 618, § 12; 1994, ch. 663, § 1; 1996, ch. 748, § 1.
(a) This part applies to agreements in existence on March 1, 1990, as well as agreements entered into or renewed after that date.
(b) A transferee of a wholesaler's business that continues to operate the business shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer.
(c) If a particular brand or brands of beer are transferred by purchase or otherwise from one supplier to another, the new supplier shall be bound by all terms and conditions of each agreement of the previous supplier with respect to that brand or brands in effect on the date of the transfer as a condition of continuing to sell that brand or brands in this state.
(d) An agreement to purchase and sell a brand of beer shall include the right to purchase and sell each other beer marketed under the same principal brand name or trademark, regardless of any variation in any other words, names, symbols or devices used to identify such beers and regardless of any differences in the packaging, formulation or production of such beers. Notwithstanding the foregoing, an agreement to purchase and sell a brand of beer shall not include the right to purchase and sell any other beer solely as a result of the use of the manufacturer's or importer's trade name in both such beers' packaging, so long as such trade name is not part of the beers' principal brand name or trademark.
(e) This part shall only be applicable to agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content of five percent (5%) by weight or less. All agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content greater than five percent (5%) by weight shall be governed by title 47, chapter 25, part 15.
Amended by 2014 Tenn. Acts, ch. 861,s 23, eff. 5/1/2014.
Acts 1990, ch. 618, § 12; 1994, ch. 663, § 1; 1996, ch. 748, § 1.
Tenn. Code Ann. § 57-1-203 — TN Code / Title 57 / Chapter 1 / Section 57-1-203
Transfer of duties relating to price regulations
Status: in_force

Certain duties, powers and functions authorized under chapter 6, part 2 of this title are hereby transferred and vested in the alcoholic beverage commission as though the same were set out and copied verbatim herein, for the purpose of carrying out this chapter, except those duties, powers, and functions as provided for in § 57-1-204 . Acts 1963, ch. 259, § 2; T.C.A., § 57-813.
Certain duties, powers and functions authorized under chapter 6, part 2 of this title are hereby transferred and vested in the alcoholic beverage commission as though the same were set out and copied verbatim herein, for the purpose of carrying out this chapter, except those duties, powers, and functions as provided for in § 57-1-204 .
Acts 1963, ch. 259, § 2; T.C.A., § 57-813.
Tenn. Code Ann. § 57-3-802 — TN Code / Title 57 / Chapter 3 / Section 57-3-802
Part definitions
Status: in_force

For purposes of this part: (1) "Retail food store" means an establishment that is open to the public that derives at least twenty percent (20%) of its sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-228(a) and has retail floor space of at least one thousand two hundred square feet (1,200 sq. ft.); and (2) "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 and sparkling and fortified wine of an alcoholic content not to exceed eighteen percent (18%) 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. Amended by 2023 Tenn. Acts, ch. 236, s 3, eff. 4/25/2023. Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
For purposes of this part:
(1) "Retail food store" means an establishment that is open to the public that derives at least twenty percent (20%) of its sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-228(a) and has retail floor space of at least one thousand two hundred square feet (1,200 sq. ft.); and
(2) "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 and sparkling and fortified wine of an alcoholic content not to exceed eighteen percent (18%) 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.
Amended by 2023 Tenn. Acts, ch. 236, s 3, eff. 4/25/2023.
Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-4-113 — TN Code / Title 57 / Chapter 4 / Section 57-4-113
Choice of expiration date by applicant who holds two or more licenses
Status: in_force

(a) Notwithstanding § 57-4-201(a)(3) or § 57-3-213 , an applicant for the issuance or renewal of a license under this chapter who holds two (2) or more licenses issued under this chapter, regardless of type, may choose the expiration date for the licenses as long as the expiration date chosen is less than twelve (12) months from the date the license is issued or renewed. The license fee for a license issued for less than twelve (12) months must be prorated according to the length of the license. (b) This section becomes effective on July 1, 2023. Added by 2022 Tenn. Acts, ch. 1013, s 1, eff. 7/1/2022.
(a) Notwithstanding § 57-4-201(a)(3) or § 57-3-213 , an applicant for the issuance or renewal of a license under this chapter who holds two (2) or more licenses issued under this chapter, regardless of type, may choose the expiration date for the licenses as long as the expiration date chosen is less than twelve (12) months from the date the license is issued or renewed. The license fee for a license issued for less than twelve (12) months must be prorated according to the length of the license.
(b) This section becomes effective on July 1, 2023.
Added by 2022 Tenn. Acts, ch. 1013, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 57-3-810 — TN Code / Title 57 / Chapter 3 / Section 57-3-810
Licensees exempt from certain restrictions - Licensee operating more than one licensed retail food store in state
Status: in_force

(a) The restrictions in §§ 57-3-404(e) and (f) , 57-3-210(g) and (h) and 57-3-204(b) shall not apply to retail food store wine licenses issued pursuant to this part. (b) A retail food store licensed to sell wine under this part shall not be limited to operating one (1) licensed retail food store business in this state; provided, however, that no retail food store wine licensee shall be permitted to combine its purchasing with any other retail food store wine licensee or retailer licensed under § 57-3-204 . Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
(a) The restrictions in §§ 57-3-404(e) and (f) , 57-3-210(g) and (h) and 57-3-204(b) shall not apply to retail food store wine licenses issued pursuant to this part.
(b) A retail food store licensed to sell wine under this part shall not be limited to operating one (1) licensed retail food store business in this state; provided, however, that no retail food store wine licensee shall be permitted to combine its purchasing with any other retail food store wine licensee or retailer licensed under § 57-3-204 .
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-4-104 — TN Code / Title 57 / Chapter 4 / Section 57-4-104
Applicability of amendments to chapter
Status: in_force

The amendments to §§ 57-4-101 , 57-4-102 , 57-4-201 , 57-4-203 and 57-4-301 , made by chapter 444 of the Public Acts of 1987, shall not apply in counties having a population of: not less than nor more than 11,700.................... 11,800 24,590.................... 24,600 34,800.................... 34,900 67,300.................... 67,400 according to the 1980 federal census or any subsequent federal census. Acts 1987, ch. 444, § 12.
The amendments to §§ 57-4-101 , 57-4-102 , 57-4-201 , 57-4-203 and 57-4-301 , made by chapter 444 of the Public Acts of 1987, shall not apply in counties having a population of:
not less than nor more than 11,700.................... 11,800 24,590.................... 24,600 34,800.................... 34,900 67,300.................... 67,400
not less than
nor more than
11,700....................
11,800
24,590....................
24,600
34,800....................
34,900
67,300....................
67,400
according to the 1980 federal census or any subsequent federal census.
Acts 1987, ch. 444, § 12.
Tenn. Code Ann. § 57-3-306 — TN Code / Title 57 / Chapter 3 / Section 57-3-306
Disposition of tax proceeds
Status: in_force

(a) Any county in this state where a distillery is located shall receive four cents (4¢) per liter of the tax imposed by § 57-3-302(b) collected on all sales in this state of the spirits manufactured by such distillery. (b) (1) Except for the distribution as provided in subsection (a), collections of the tax imposed by § 57-3-302(a) and (b) shall be distributed eighty-two and one-half percent (82.5%) to the general fund and seventeen and one-half percent (17.5%) to the counties. The amount distributed to the counties shall be apportioned among the counties three-fourths (¾) in proportion to their population and one-fourth (¼) in proportion to their area. (2) Before distributing to the counties any of the revenues mentioned in subsection (a) and subdivision (b)(1), the commissioner of finance and administration shall deduct a sum measured at a rate of sixteen thousand dollars ($16,000) per month, which sum together with an appropriation per annum from the general fund of the state shall be apportioned and transmitted to the University of Tennessee for use by the university in operating the county technical advisory service (CTAS) in its Institute for Public Service (IPS) as provided by § 49-9-402 . (c) Thirty percent (30%) of the amount distributed to counties having a population of more than two hundred fifty thousand (250,000), according to the 1970 federal census or any subsequent federal census, shall be paid by such counties to any municipalities within such counties that have a population of one hundred fifty thousand (150,000), according to the 1970 federal census or any subsequent federal census. (d) For purposes of allocating tax proceeds under this section, county population shall be as reported by the most recent federal census except as modified by special census taken pursuant to § 9-16-101 . Acts 1939, ch. 49, § 13; 1943, ch. 5, §§ 1, 3; 1947, ch. 61, §§ 1, 3; mod. C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 37, § 2; impl. am. Acts 1963, ch. 257, § 33; Acts 1973, ch. 295, § 18; impl. am. Acts 1975, ch. 248, § 1; Acts 1978, ch. 497, § 3; 1978, ch. 806, § 3; 1978, ch. 835, § 1; T.C.A. (orig. ed.), § 57-135; Acts 1980, ch. 556, § 1; 1983, ch. 36, § 1; 2003 , ch. 355, § 18; 2005, ch. 500, § 1; 2006, ch. 989, § 6.
(a) Any county in this state where a distillery is located shall receive four cents (4¢) per liter of the tax imposed by § 57-3-302(b) collected on all sales in this state of the spirits manufactured by such distillery.
(b) (1) Except for the distribution as provided in subsection (a), collections of the tax imposed by § 57-3-302(a) and (b) shall be distributed eighty-two and one-half percent (82.5%) to the general fund and seventeen and one-half percent (17.5%) to the counties. The amount distributed to the counties shall be apportioned among the counties three-fourths (¾) in proportion to their population and one-fourth (¼) in proportion to their area. (2) Before distributing to the counties any of the revenues mentioned in subsection (a) and subdivision (b)(1), the commissioner of finance and administration shall deduct a sum measured at a rate of sixteen thousand dollars ($16,000) per month, which sum together with an appropriation per annum from the general fund of the state shall be apportioned and transmitted to the University of Tennessee for use by the university in operating the county technical advisory service (CTAS) in its Institute for Public Service (IPS) as provided by § 49-9-402 .
(1) Except for the distribution as provided in subsection (a), collections of the tax imposed by § 57-3-302(a) and (b) shall be distributed eighty-two and one-half percent (82.5%) to the general fund and seventeen and one-half percent (17.5%) to the counties. The amount distributed to the counties shall be apportioned among the counties three-fourths (¾) in proportion to their population and one-fourth (¼) in proportion to their area.
(2) Before distributing to the counties any of the revenues mentioned in subsection (a) and subdivision (b)(1), the commissioner of finance and administration shall deduct a sum measured at a rate of sixteen thousand dollars ($16,000) per month, which sum together with an appropriation per annum from the general fund of the state shall be apportioned and transmitted to the University of Tennessee for use by the university in operating the county technical advisory service (CTAS) in its Institute for Public Service (IPS) as provided by § 49-9-402 .
(c) Thirty percent (30%) of the amount distributed to counties having a population of more than two hundred fifty thousand (250,000), according to the 1970 federal census or any subsequent federal census, shall be paid by such counties to any municipalities within such counties that have a population of one hundred fifty thousand (150,000), according to the 1970 federal census or any subsequent federal census.
(d) For purposes of allocating tax proceeds under this section, county population shall be as reported by the most recent federal census except as modified by special census taken pursuant to § 9-16-101 .
Acts 1939, ch. 49, § 13; 1943, ch. 5, §§ 1, 3; 1947, ch. 61, §§ 1, 3; mod. C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 37, § 2; impl. am. Acts 1963, ch. 257, § 33; Acts 1973, ch. 295, § 18; impl. am. Acts 1975, ch. 248, § 1; Acts 1978, ch. 497, § 3; 1978, ch. 806, § 3; 1978, ch. 835, § 1; T.C.A. (orig. ed.), § 57-135; Acts 1980, ch. 556, § 1; 1983, ch. 36, § 1; 2003 , ch. 355, § 18; 2005, ch. 500, § 1; 2006, ch. 989, § 6.
Tenn. Code Ann. § 57-3-807 — TN Code / Title 57 / Chapter 3 / Section 57-3-807
Applicability of part 2 of this chapter to retail food store wine licenses
Status: in_force

Laws applicable to the issuance, renewal, suspension, and termination of retailer's licenses issued pursuant to part 2 of this chapter and the regulation of and operation by such license holders shall apply in the same manner to retail food store wine licenses and license holders unless this part expressly states otherwise. Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Laws applicable to the issuance, renewal, suspension, and termination of retailer's licenses issued pursuant to part 2 of this chapter and the regulation of and operation by such license holders shall apply in the same manner to retail food store wine licenses and license holders unless this part expressly states otherwise.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-5-415 — TN Code / Title 57 / Chapter 5 / Section 57-5-415
Enforcement authorities
Status: in_force

(a) Any duly authorized representative, agent or employee of the department of revenue who has been designated by the commissioner to enforce this chapter is authorized and empowered to execute search warrants and do all acts incident thereto, in the same manner as search warrants may be levied by sheriffs and other peace officers. Inspectors, agents, representatives or officers appointed by the commissioner shall be cloaked with and have the duty, power and authority as a police officer to enforce the revenue provisions of this chapter and in the illegal traffic of untaxed beer products. The highway patrol shall likewise have concurrent authority to assist in the enforcement of this chapter and in the illegal traffic of untaxed beer products. (b) Any duly authorized representative or employee of the department who has been specifically designated by the commissioner to enforce § 57-5-409 is hereby authorized and empowered to go armed or carry a pistol while on active duty engaged in enforcing § 57-5-409 . Acts 1969, ch. 299, § 3; 1970, ch. 578, § 3; 1971, ch. 288, § 1; T.C.A., § 57-238.
(a) Any duly authorized representative, agent or employee of the department of revenue who has been designated by the commissioner to enforce this chapter is authorized and empowered to execute search warrants and do all acts incident thereto, in the same manner as search warrants may be levied by sheriffs and other peace officers. Inspectors, agents, representatives or officers appointed by the commissioner shall be cloaked with and have the duty, power and authority as a police officer to enforce the revenue provisions of this chapter and in the illegal traffic of untaxed beer products. The highway patrol shall likewise have concurrent authority to assist in the enforcement of this chapter and in the illegal traffic of untaxed beer products.
(b) Any duly authorized representative or employee of the department who has been specifically designated by the commissioner to enforce § 57-5-409 is hereby authorized and empowered to go armed or carry a pistol while on active duty engaged in enforcing § 57-5-409 .
Acts 1969, ch. 299, § 3; 1970, ch. 578, § 3; 1971, ch. 288, § 1; T.C.A., § 57-238.
Tenn. Code Ann. § 57-5-205 — TN Code / Title 57 / Chapter 5 / Section 57-5-205
Distribution of state privilege tax - Special census by municipality or county
Status: in_force

The state privilege tax collected under §§ 57-5-201 - 57-5-204 shall be paid into the state treasury and shall be divided as follows: (1) From the proceeds of the amount so collected, ten and five hundredths percent (10.05%) shall be paid to the several counties equally to be used by them for general purposes, ten and five hundredths percent (10.05%) shall be divided between the existing incorporated municipalities according to population to be used by them for general purposes, and forty-one hundredths percent (0.41%) shall be reserved and transferred to the department of mental health and substance abuse services to assist municipalities and counties in carrying out the Comprehensive Alcohol and Drug Treatment Act of 1973, compiled as title 33, chapter 10; title 39, chapter 17, part 4; §§ 53-11-408 and 57-3-306 ; and this section. Any municipality or county shall have the right to take not more than four (4) special censuses at its own expense at any time during the interim between the regular decennial federal census. Such right shall include the current decennium. Any such census shall be taken by the federal bureau of the census, or in a manner directed by and satisfactory to the department of economic and community development. The population of the municipality or county shall be revised in accordance with the special census for purposes of distribution of such funds, effective on July 1, following the certification of the census results by the federal bureau of the census, or the department of economic and community development to the commissioner of finance and administration; the aggregate population shall likewise be adjusted in accordance with any such special census, effective July 1, following certification; and (2) The remainder of the tax collected under this section shall become a part of the general fund of the state. Acts 1933, ch. 69, § 11; 1937, ch. 88, § 2; 1947, ch. 109, § 2; mod. C. Supp. 1950, § 1191.15; Acts 1957, ch. 368, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1973, ch. 295, § 19; 1974, ch. 516, § 1; impl. am. Acts 1975, ch. 248, § 1; Acts 1978, ch. 497, § 2; T.C.A. (orig. ed.), § 57-217; Acts 1981, ch. 307, § 2; 1996, ch. 675, § 66; 2000, ch. 947, § 6; 2003, ch. 355, § 20; 2005, ch. 500, § 3; 2006, ch. 989, § 8; 2009, ch. 186, § 39; 2010, ch. 1100, § 98; 2011, ch. 350, § 2; 2011, ch. 509, § 5; 2012, ch. 575, § 1.
The state privilege tax collected under §§ 57-5-201 - 57-5-204 shall be paid into the state treasury and shall be divided as follows:
(1) From the proceeds of the amount so collected, ten and five hundredths percent (10.05%) shall be paid to the several counties equally to be used by them for general purposes, ten and five hundredths percent (10.05%) shall be divided between the existing incorporated municipalities according to population to be used by them for general purposes, and forty-one hundredths percent (0.41%) shall be reserved and transferred to the department of mental health and substance abuse services to assist municipalities and counties in carrying out the Comprehensive Alcohol and Drug Treatment Act of 1973, compiled as title 33, chapter 10; title 39, chapter 17, part 4; §§ 53-11-408 and 57-3-306 ; and this section. Any municipality or county shall have the right to take not more than four (4) special censuses at its own expense at any time during the interim between the regular decennial federal census. Such right shall include the current decennium. Any such census shall be taken by the federal bureau of the census, or in a manner directed by and satisfactory to the department of economic and community development. The population of the municipality or county shall be revised in accordance with the special census for purposes of distribution of such funds, effective on July 1, following the certification of the census results by the federal bureau of the census, or the department of economic and community development to the commissioner of finance and administration; the aggregate population shall likewise be adjusted in accordance with any such special census, effective July 1, following certification; and
(2) The remainder of the tax collected under this section shall become a part of the general fund of the state.
Acts 1933, ch. 69, § 11; 1937, ch. 88, § 2; 1947, ch. 109, § 2; mod. C. Supp. 1950, § 1191.15; Acts 1957, ch. 368, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1973, ch. 295, § 19; 1974, ch. 516, § 1; impl. am. Acts 1975, ch. 248, § 1; Acts 1978, ch. 497, § 2; T.C.A. (orig. ed.), § 57-217; Acts 1981, ch. 307, § 2; 1996, ch. 675, § 66; 2000, ch. 947, § 6; 2003, ch. 355, § 20; 2005, ch. 500, § 3; 2006, ch. 989, § 8; 2009, ch. 186, § 39; 2010, ch. 1100, § 98; 2011, ch. 350, § 2; 2011, ch. 509, § 5; 2012, ch. 575, § 1.
Tenn. Code Ann. § 57-9-206 — TN Code / Title 57 / Chapter 9 / Section 57-9-206
Employees authorized to carry arms - Execution of search warrants
Status: in_force

(a) Any duly authorized representative or employee of the commission, who has been designated by the commission to enforce this part, is authorized and empowered to go armed, or carry a pistol while on active duty engaged in enforcing this part. (b) Any such duly authorized representative or employee of the commission who has been designated by the commission to enforce this part is authorized and empowered to execute search warrants and do all acts incident thereto, in the same manner as search warrants may be levied by sheriffs and other peace officers. Acts 1941, ch. 119, § 6; C. Supp. 1950, § 6648.29 (Williams, § 6648.31); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-627.
(a) Any duly authorized representative or employee of the commission, who has been designated by the commission to enforce this part, is authorized and empowered to go armed, or carry a pistol while on active duty engaged in enforcing this part.
(b) Any such duly authorized representative or employee of the commission who has been designated by the commission to enforce this part is authorized and empowered to execute search warrants and do all acts incident thereto, in the same manner as search warrants may be levied by sheriffs and other peace officers.
Acts 1941, ch. 119, § 6; C. Supp. 1950, § 6648.29 (Williams, § 6648.31); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-627.
Tenn. Code Ann. § 57-4-305 — TN Code / Title 57 / Chapter 4 / Section 57-4-305
Notice of licensee's tax delinquency - Response
Status: in_force

(a) In the event any licensee is delinquent in the payment of the tax herein provided for, the commissioner may give notice of the amount of such delinquency by registered mail to all persons, including the commission, having in their possession or under their control any credits or other personal property belonging to such dealer, or owing any debts to such dealer at the time of receipt by them of such notice, and thereafter any person so notified shall neither transfer nor make any other disposition of such credits, other personal property, or debts, until the commissioner shall have consented to a transfer or disposition, or until thirty (30) days shall have elapsed from and after the receipt of such notice. Any notice given to the commission pursuant to this section 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) All persons so notified must, within five (5) days after receipt of such notice, advise the commission of any and all such credits, other personal property, or debts, in their possession, under their control or owing by them, as the case may be. Acts 1967, ch. 211, § 3; T.C.A., § 57-161; 1999, ch. 403, § 5.
(a) In the event any licensee is delinquent in the payment of the tax herein provided for, the commissioner may give notice of the amount of such delinquency by registered mail to all persons, including the commission, having in their possession or under their control any credits or other personal property belonging to such dealer, or owing any debts to such dealer at the time of receipt by them of such notice, and thereafter any person so notified shall neither transfer nor make any other disposition of such credits, other personal property, or debts, until the commissioner shall have consented to a transfer or disposition, or until thirty (30) days shall have elapsed from and after the receipt of such notice. Any notice given to the commission pursuant to this section 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) All persons so notified must, within five (5) days after receipt of such notice, advise the commission of any and all such credits, other personal property, or debts, in their possession, under their control or owing by them, as the case may be.
Acts 1967, ch. 211, § 3; T.C.A., § 57-161; 1999, ch. 403, § 5.
Tenn. Code Ann. § 57-3-225 — TN Code / Title 57 / Chapter 3 / Section 57-3-225
Delivery employee license
Status: in_force

(a) Beginning July 1, 2018, each delivery service licensed under § 57-3-224 shall be required to annually file a report stating the number of delivery drivers used by the delivery service to deliver alcoholic beverages, beer, or both, in the twelve (12) months preceding the date of the report. Each delivery service licensee shall maintain for each delivery driver covered by the licensee's delivery service license, records sufficient to verify the identity of each delivery driver, a copy of each delivery driver's license, and a copy of the background check conducted for that delivery driver pursuant to § 57-3-224(d) . (b) Each delivery service licensee may employ or contract with any person meeting the following requirements: (1) Is at least twenty-one (21) years of age; (2) Has had a background check conducted pursuant to § 57-3-224(d) to ensure the individual has not been convicted of any crime involving the sale and distribution of alcohol within the previous seven (7) years or has not been convicted of any felony within the previous five (5) years; and (3) Has a valid driver license. (c) In addition to the annual license fee in § 57-3-224(c) , a delivery service licensee shall pay a fee based on the total number of delivery service employees or independent contractors used by the delivery service licensee in the prior year. The fee shall be as follows: (1) 0-15 delivery drivers....................$50 (2) 16-30 delivery drivers....................$100 (3) 31-45 delivery drivers....................$150 (4) 46-60 delivery drivers....................$200 (5) 61-100 delivery drivers....................$250 (6) 101-150 delivery drivers....................$300 (7) 151-200 delivery drivers....................$350 (8) Fifty dollars ($50.00) for each additional fifty (50) delivery drivers over two hundred (200) until a maximum of one thousand dollars ($1,000). (d) With respect to the delivery of alcoholic beverages, beer, or both pursuant to this chapter, a delivery service company may be subject to fines or the suspension or revocation of its license from the commission based on the conduct of a delivery driver. A retailer is not subject to a fine or the suspension or revocation of its license based on conduct of a delivery service driver after the driver picks up alcoholic beverages or beer from the retailer. Amended by 2018 Tenn. Acts, ch. 765, s 6, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 1045, s 4, eff. 4/28/2016. Added by 2015 Tenn. Acts, ch. 285, s 2, eff. 4/28/2015.
(a) Beginning July 1, 2018, each delivery service licensed under § 57-3-224 shall be required to annually file a report stating the number of delivery drivers used by the delivery service to deliver alcoholic beverages, beer, or both, in the twelve (12) months preceding the date of the report. Each delivery service licensee shall maintain for each delivery driver covered by the licensee's delivery service license, records sufficient to verify the identity of each delivery driver, a copy of each delivery driver's license, and a copy of the background check conducted for that delivery driver pursuant to § 57-3-224(d) .
(b) Each delivery service licensee may employ or contract with any person meeting the following requirements: (1) Is at least twenty-one (21) years of age; (2) Has had a background check conducted pursuant to § 57-3-224(d) to ensure the individual has not been convicted of any crime involving the sale and distribution of alcohol within the previous seven (7) years or has not been convicted of any felony within the previous five (5) years; and (3) Has a valid driver license.
(1) Is at least twenty-one (21) years of age;
(2) Has had a background check conducted pursuant to § 57-3-224(d) to ensure the individual has not been convicted of any crime involving the sale and distribution of alcohol within the previous seven (7) years or has not been convicted of any felony within the previous five (5) years; and
(3) Has a valid driver license.
(c) In addition to the annual license fee in § 57-3-224(c) , a delivery service licensee shall pay a fee based on the total number of delivery service employees or independent contractors used by the delivery service licensee in the prior year. The fee shall be as follows: (1) 0-15 delivery drivers....................$50 (2) 16-30 delivery drivers....................$100 (3) 31-45 delivery drivers....................$150 (4) 46-60 delivery drivers....................$200 (5) 61-100 delivery drivers....................$250 (6) 101-150 delivery drivers....................$300 (7) 151-200 delivery drivers....................$350 (8) Fifty dollars ($50.00) for each additional fifty (50) delivery drivers over two hundred (200) until a maximum of one thousand dollars ($1,000).
(1) 0-15 delivery drivers....................$50
(2) 16-30 delivery drivers....................$100
(3) 31-45 delivery drivers....................$150
(4) 46-60 delivery drivers....................$200
(5) 61-100 delivery drivers....................$250
(6) 101-150 delivery drivers....................$300
(7) 151-200 delivery drivers....................$350
(8) Fifty dollars ($50.00) for each additional fifty (50) delivery drivers over two hundred (200) until a maximum of one thousand dollars ($1,000).
(d) With respect to the delivery of alcoholic beverages, beer, or both pursuant to this chapter, a delivery service company may be subject to fines or the suspension or revocation of its license from the commission based on the conduct of a delivery driver. A retailer is not subject to a fine or the suspension or revocation of its license based on conduct of a delivery service driver after the driver picks up alcoholic beverages or beer from the retailer.
Amended by 2018 Tenn. Acts, ch. 765, s 6, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 1045, s 4, eff. 4/28/2016.
Added by 2015 Tenn. Acts, ch. 285, s 2, eff. 4/28/2015.
Tenn. Code Ann. § 57-2-102 — TN Code / Title 57 / Chapter 2 / Section 57-2-102
[Repealed] Reserved
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 301, s 1, eff. 5/8/2019. Acts 1937, ch. 193, § 1; C. Supp. 1950, § 6648.1; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-102.
Repealed by 2019 Tenn. Acts, ch. 301, s 1, eff. 5/8/2019.
Acts 1937, ch. 193, § 1; C. Supp. 1950, § 6648.1; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-102.
Tenn. Code Ann. § 57-3-905 — TN Code / Title 57 / Chapter 3 / Section 57-3-905
Contracts in violation of part illegal and void
Status: in_force

Any contract, express or implied, made by any person, firm, or corporation in violation of any of this part is declared to be an illegal and void contract and no recovery thereon shall be had. Added by 2014 Tenn. Acts, ch. 554, s 30, eff. 7/1/2016.
Any contract, express or implied, made by any person, firm, or corporation in violation of any of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
Added by 2014 Tenn. Acts, ch. 554, s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-3-413 — TN Code / Title 57 / Chapter 3 / Section 57-3-413
Criminal trespass charge in violation of Section 39-14-405
Status: in_force

(a) A person may be charged with a violation of § 39-14-405 , if the person is: (1) Between eighteen (18) and twenty-one (21) years of age; (2) Visibly intoxicated; or (3) Otherwise disruptive; and (4) Such person is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to § 57-3-204 to leave the premises, and that person remains on the premises. (b) If a person is a minor under eighteen (18) years of age and is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to § 57-3-204 to leave the premises, and the minor remains on the premises, such minor commits a delinquent act. Acts 2012 , ch. 899, § 1.
(a) A person may be charged with a violation of § 39-14-405 , if the person is: (1) Between eighteen (18) and twenty-one (21) years of age; (2) Visibly intoxicated; or (3) Otherwise disruptive; and (4) Such person is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to § 57-3-204 to leave the premises, and that person remains on the premises.
(1) Between eighteen (18) and twenty-one (21) years of age;
(2) Visibly intoxicated; or
(3) Otherwise disruptive; and
(4) Such person is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to § 57-3-204 to leave the premises, and that person remains on the premises.
(b) If a person is a minor under eighteen (18) years of age and is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to § 57-3-204 to leave the premises, and the minor remains on the premises, such minor commits a delinquent act.
Acts 2012 , ch. 899, § 1.
Tenn. Code Ann. § 57-4-109 — TN Code / Title 57 / Chapter 4 / Section 57-4-109
Tasting of alcohol by qualified student - Criteria - Definitions
Status: in_force

(a) A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled are not subject to criminal prosecution under § 57-5-301 , § 57-4-203 , § 39-15-404 , or title 39, chapter 17, part 7, if: (1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution; (2) The qualified academic institution has established a program of study that is designed to train industry professionals in the production of fermented or distilled food or beverage products; (3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course or training required for the program of study; and (4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age. (b) This section does not authorize a student under twenty-one (21) years of age to receive an alcoholic beverage unless it is delivered as part of the student's curriculum requirements in the student's program of study. (c) A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Tuition normally charged for a course must not be considered an extra fee or charge. (d) As used in this section: (1) "Alcoholic beverage" includes beer as defined in § 57-5-101 ; (2) "Program of study" means: (A) An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor's degree; or (B) An apprenticeship program facilitated by a qualified academic institution; (3) "Qualified academic institution" means a public or private postsecondary institution accredited by a commission recognized by the United States department of education; (4) "Qualified student" means a student enrolled in a fermentation science, wine making, mead making, brewing, or distilling program of study at a qualified academic institution; and (5) "Taste" means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage. Amended by 2024 Tenn. Acts, ch. 659,s 1, eff. 4/9/2024. Added by 2016 Tenn. Acts, ch. 709, s 1, eff. 7/1/2016.
(a) A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled are not subject to criminal prosecution under § 57-5-301 , § 57-4-203 , § 39-15-404 , or title 39, chapter 17, part 7, if: (1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution; (2) The qualified academic institution has established a program of study that is designed to train industry professionals in the production of fermented or distilled food or beverage products; (3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course or training required for the program of study; and (4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age.
(1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution;
(2) The qualified academic institution has established a program of study that is designed to train industry professionals in the production of fermented or distilled food or beverage products;
(3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course or training required for the program of study; and
(4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age.
(b) This section does not authorize a student under twenty-one (21) years of age to receive an alcoholic beverage unless it is delivered as part of the student's curriculum requirements in the student's program of study.
(c) A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Tuition normally charged for a course must not be considered an extra fee or charge.
(d) As used in this section: (1) "Alcoholic beverage" includes beer as defined in § 57-5-101 ; (2) "Program of study" means: (A) An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor's degree; or (B) An apprenticeship program facilitated by a qualified academic institution; (3) "Qualified academic institution" means a public or private postsecondary institution accredited by a commission recognized by the United States department of education; (4) "Qualified student" means a student enrolled in a fermentation science, wine making, mead making, brewing, or distilling program of study at a qualified academic institution; and (5) "Taste" means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.
(1) "Alcoholic beverage" includes beer as defined in § 57-5-101 ;
(2) "Program of study" means: (A) An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor's degree; or (B) An apprenticeship program facilitated by a qualified academic institution;
(A) An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor's degree; or
(B) An apprenticeship program facilitated by a qualified academic institution;
(3) "Qualified academic institution" means a public or private postsecondary institution accredited by a commission recognized by the United States department of education;
(4) "Qualified student" means a student enrolled in a fermentation science, wine making, mead making, brewing, or distilling program of study at a qualified academic institution; and
(5) "Taste" means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.
Amended by 2024 Tenn. Acts, ch. 659,s 1, eff. 4/9/2024.
Added by 2016 Tenn. Acts, ch. 709, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 57-3-504 — TN Code / Title 57 / Chapter 3 / Section 57-3-504
Fee to be exclusive - Metropolitan governments
Status: in_force

(a) The inspection fee provided for herein shall be in lieu of all other gross receipt or inspection fees imposed upon wholesalers or retailers of alcoholic beverages by municipalities and no other additional or similar fees shall be imposed by ordinance. (b) No municipality shall impose any inspection fee or similar tax upon wholesalers based upon sales made to retail dealers located in other municipalities, it being the legislative intent that a municipality shall have authority to impose the inspection fee provided for herein only upon retailers located within the particular municipality imposing the inspection fee. (c) (1) Notwithstanding anything herein provided to the contrary, the principal municipality, in a county which has adopted the metropolitan form of government under title 7, chapters 1-3, or which may hereafter adopt such form of government, may impose an inspection fee or similar fee, under the authority of chapter 3, part 5 of this title, upon wholesalers based on sales made to licensed retailers located in other but smaller municipalities within the same county as the principal municipality. (2) "Principal municipality," for the purpose of this subsection (c), means the largest municipality, or its successor, within such a county in accordance with the 1960 federal census or subsequent federal census. (3) When such principal municipality imposes such a fee upon wholesalers, they shall collect same from the sales to retailers within the smaller municipalities and remit such collections to the principal municipality unless and until such smaller municipalities adopt by ordinance or resolution, such fees in accordance with the terms of chapter 3, part 5 of this title, and then the wholesalers will remit such collections to the smaller municipalities in accordance with the provisions of such ordinances or resolutions as may be adopted or passed by them. Acts 1968, ch. 538, § 6; T.C.A., § 57-168.
(a) The inspection fee provided for herein shall be in lieu of all other gross receipt or inspection fees imposed upon wholesalers or retailers of alcoholic beverages by municipalities and no other additional or similar fees shall be imposed by ordinance.
(b) No municipality shall impose any inspection fee or similar tax upon wholesalers based upon sales made to retail dealers located in other municipalities, it being the legislative intent that a municipality shall have authority to impose the inspection fee provided for herein only upon retailers located within the particular municipality imposing the inspection fee.
(c) (1) Notwithstanding anything herein provided to the contrary, the principal municipality, in a county which has adopted the metropolitan form of government under title 7, chapters 1-3, or which may hereafter adopt such form of government, may impose an inspection fee or similar fee, under the authority of chapter 3, part 5 of this title, upon wholesalers based on sales made to licensed retailers located in other but smaller municipalities within the same county as the principal municipality. (2) "Principal municipality," for the purpose of this subsection (c), means the largest municipality, or its successor, within such a county in accordance with the 1960 federal census or subsequent federal census. (3) When such principal municipality imposes such a fee upon wholesalers, they shall collect same from the sales to retailers within the smaller municipalities and remit such collections to the principal municipality unless and until such smaller municipalities adopt by ordinance or resolution, such fees in accordance with the terms of chapter 3, part 5 of this title, and then the wholesalers will remit such collections to the smaller municipalities in accordance with the provisions of such ordinances or resolutions as may be adopted or passed by them.
(1) Notwithstanding anything herein provided to the contrary, the principal municipality, in a county which has adopted the metropolitan form of government under title 7, chapters 1-3, or which may hereafter adopt such form of government, may impose an inspection fee or similar fee, under the authority of chapter 3, part 5 of this title, upon wholesalers based on sales made to licensed retailers located in other but smaller municipalities within the same county as the principal municipality.
(2) "Principal municipality," for the purpose of this subsection (c), means the largest municipality, or its successor, within such a county in accordance with the 1960 federal census or subsequent federal census.
(3) When such principal municipality imposes such a fee upon wholesalers, they shall collect same from the sales to retailers within the smaller municipalities and remit such collections to the principal municipality unless and until such smaller municipalities adopt by ordinance or resolution, such fees in accordance with the terms of chapter 3, part 5 of this title, and then the wholesalers will remit such collections to the smaller municipalities in accordance with the provisions of such ordinances or resolutions as may be adopted or passed by them.
Acts 1968, ch. 538, § 6; T.C.A., § 57-168.
Tenn. Code Ann. § 57-9-104 — TN Code / Title 57 / Chapter 9 / Section 57-9-104
Officers to file written statement about intoxicants taken
Status: in_force

Every such officer so taking into possession any such intoxicating liquors shall, within five (5) days after so doing, file with the circuit or criminal court clerk of the county wherein the same was taken into possession, a written statement showing the kind and quantity of intoxicating liquors so taken, and the name or names of the person from whom the same was taken, if the name of such person be known to such officer. Acts 1919, ch. 50, § 2; Shan. Supp., § 6798a19b2; Code 1932, § 11225; T.C.A. (orig. ed.), § 57-605.
Every such officer so taking into possession any such intoxicating liquors shall, within five (5) days after so doing, file with the circuit or criminal court clerk of the county wherein the same was taken into possession, a written statement showing the kind and quantity of intoxicating liquors so taken, and the name or names of the person from whom the same was taken, if the name of such person be known to such officer.
Acts 1919, ch. 50, § 2; Shan. Supp., § 6798a19b2; Code 1932, § 11225; T.C.A. (orig. ed.), § 57-605.
Tenn. Code Ann. § 57-3-801 — TN Code / Title 57 / Chapter 3 / Section 57-3-801
Referendum for sale of wine in retail food stores - Form of referendum - Time of election
Status: in_force

(a) (1) This part is effective in a jurisdiction that authorizes the sale of wine in retail food stores in a referendum in the manner prescribed by § 57-3-106 ; provided, however, that the jurisdiction must have held and passed, or be located within a county that has held and passed, a referendum authorizing retail package stores or a referendum authorizing the sale of alcoholic beverages for consumption on the premises prior to holding a referendum authorized under this section. (2) If the county election commission receives the necessary petition requesting the referendum not less than forty-five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to § 2-3-204 , the county election commission shall include the referendum question contained in subsection (b) on the ballot. (3) Notwithstanding subdivision (a)(1) and § 57-3-101(a)(14) to the contrary, any municipality having a population of not less than five hundred seventy (570) nor more than five hundred seventy-nine (579), according to the 2010 federal census or any subsequent federal census, that is located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, may conduct a referendum to authorize the sale of wine at retail food stores within the corporate boundaries of such municipality. The referendum shall be conducted in the manner prescribed by § 57-3-106 , notwithstanding the population requirements of § 57-3-106(b)(1) . (b) At any such election, the question submitted to the voters shall be in the following form: For legal sale of wine at retail food stores in ______________ (here insert name of political subdivision). Against legal sale of wine at retail food stores in ______________(here insert name of political subdivision). (c) A referendum described in this section may be held at any election prescribed in § 57-3-106(c)(1) ; provided, however, that no such referendum may be held prior to the regular November election in 2014. Amended by 2023 Tenn. Acts, ch. 178, s 1, eff. 4/17/2023. Amended by 2016 Tenn. Acts, ch. 1068, s 7, eff. 5/20/2016. Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
(a) (1) This part is effective in a jurisdiction that authorizes the sale of wine in retail food stores in a referendum in the manner prescribed by § 57-3-106 ; provided, however, that the jurisdiction must have held and passed, or be located within a county that has held and passed, a referendum authorizing retail package stores or a referendum authorizing the sale of alcoholic beverages for consumption on the premises prior to holding a referendum authorized under this section. (2) If the county election commission receives the necessary petition requesting the referendum not less than forty-five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to § 2-3-204 , the county election commission shall include the referendum question contained in subsection (b) on the ballot. (3) Notwithstanding subdivision (a)(1) and § 57-3-101(a)(14) to the contrary, any municipality having a population of not less than five hundred seventy (570) nor more than five hundred seventy-nine (579), according to the 2010 federal census or any subsequent federal census, that is located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, may conduct a referendum to authorize the sale of wine at retail food stores within the corporate boundaries of such municipality. The referendum shall be conducted in the manner prescribed by § 57-3-106 , notwithstanding the population requirements of § 57-3-106(b)(1) .
(1) This part is effective in a jurisdiction that authorizes the sale of wine in retail food stores in a referendum in the manner prescribed by § 57-3-106 ; provided, however, that the jurisdiction must have held and passed, or be located within a county that has held and passed, a referendum authorizing retail package stores or a referendum authorizing the sale of alcoholic beverages for consumption on the premises prior to holding a referendum authorized under this section.
(2) If the county election commission receives the necessary petition requesting the referendum not less than forty-five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to § 2-3-204 , the county election commission shall include the referendum question contained in subsection (b) on the ballot.
(3) Notwithstanding subdivision (a)(1) and § 57-3-101(a)(14) to the contrary, any municipality having a population of not less than five hundred seventy (570) nor more than five hundred seventy-nine (579), according to the 2010 federal census or any subsequent federal census, that is located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, may conduct a referendum to authorize the sale of wine at retail food stores within the corporate boundaries of such municipality. The referendum shall be conducted in the manner prescribed by § 57-3-106 , notwithstanding the population requirements of § 57-3-106(b)(1) .
(b) At any such election, the question submitted to the voters shall be in the following form: For legal sale of wine at retail food stores in ______________ (here insert name of political subdivision). Against legal sale of wine at retail food stores in ______________(here insert name of political subdivision).
For legal sale of wine at retail food stores in ______________ (here insert name of political subdivision).
Against legal sale of wine at retail food stores in ______________(here insert name of political subdivision).
(c) A referendum described in this section may be held at any election prescribed in § 57-3-106(c)(1) ; provided, however, that no such referendum may be held prior to the regular November election in 2014.
Amended by 2023 Tenn. Acts, ch. 178, s 1, eff. 4/17/2023.
Amended by 2016 Tenn. Acts, ch. 1068, s 7, eff. 5/20/2016.
Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-1-209 — TN Code / Title 57 / Chapter 1 / Section 57-1-209
Rules and regulations - Annual report
Status: in_force

(a) The commission is hereby authorized to adopt and promulgate the present rules and regulations which are in existence pertaining to alcoholic beverages, and the commission may in its discretion alter, amend or repeal any of such parts of such rules and regulations as it deems necessary. The commission may promulgate rules governing the conduct of educational seminars conducted by businesses licensed pursuant to § 57-3-204 , and such regulation may include the transportation and serving for sampling purposes only alcoholic beverages, notwithstanding §§ 57-3-402 and 57-3-404(h) . (b) The executive director of the commission shall file an annual report with the state and local government committee of the senate and the state government committee of the house of representatives no later than March 1 detailing with specificity each rule promulgated during the previous year together with the rationale for promulgating the rule. Amended by 2013 Tenn. Acts, ch. 236,s 68, eff. 4/19/2013. Acts 1963, ch. 257, § 14; T.C.A., § 57-818; Acts 1998, ch. 765, § 1; 2012, ch. 947, § 6.
(a) The commission is hereby authorized to adopt and promulgate the present rules and regulations which are in existence pertaining to alcoholic beverages, and the commission may in its discretion alter, amend or repeal any of such parts of such rules and regulations as it deems necessary. The commission may promulgate rules governing the conduct of educational seminars conducted by businesses licensed pursuant to § 57-3-204 , and such regulation may include the transportation and serving for sampling purposes only alcoholic beverages, notwithstanding §§ 57-3-402 and 57-3-404(h) .
(b) The executive director of the commission shall file an annual report with the state and local government committee of the senate and the state government committee of the house of representatives no later than March 1 detailing with specificity each rule promulgated during the previous year together with the rationale for promulgating the rule.
Amended by 2013 Tenn. Acts, ch. 236,s 68, eff. 4/19/2013.
Acts 1963, ch. 257, § 14; T.C.A., § 57-818; Acts 1998, ch. 765, § 1; 2012, ch. 947, § 6.
Tenn. Code Ann. § 57-3-409 — TN Code / Title 57 / Chapter 3 / Section 57-3-409
Investigations by commission
Status: in_force

The commission is authorized to examine the books, papers and records of any wholesaler and dealer in this state for the purpose of determining whether the tax so imposed by this chapter has been fully paid, and shall have the power to investigate and examine, according to law, any premises where any alcoholic beverage is possessed, or stored for the purpose of sale, or sold, for the purpose of determining whether this chapter is being complied with. Any refusal to permit the examination of any of such books, papers, and records, or the investigation and examination of such premises, shall constitute sufficient reason for the revocation of a license or the refusal to issue a license. Acts 1939, ch. 49, § 13; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 43; T.C.A. (orig. ed.), § 57-145.
The commission is authorized to examine the books, papers and records of any wholesaler and dealer in this state for the purpose of determining whether the tax so imposed by this chapter has been fully paid, and shall have the power to investigate and examine, according to law, any premises where any alcoholic beverage is possessed, or stored for the purpose of sale, or sold, for the purpose of determining whether this chapter is being complied with. Any refusal to permit the examination of any of such books, papers, and records, or the investigation and examination of such premises, shall constitute sufficient reason for the revocation of a license or the refusal to issue a license.
Acts 1939, ch. 49, § 13; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 43; T.C.A. (orig. ed.), § 57-145.
Tenn. Code Ann. § 57-5-112 — TN Code / Title 57 / Chapter 5 / Section 57-5-112
Beer container size - Labeling
Status: in_force

(a) Any wholesaler or retailer selling or distributing any product regulated under this chapter in a twenty-five and four-tenths ounce (25.4 oz.) container may distribute such container only if the container has affixed to it a label, printed in at least three-sixteenths inches ( 3 / 16 ") type, which states "flavored beer." Nothing herein shall be construed to impose upon a brewer or importer the duty to affix the labels required under this subsection (a) prior to sale to a wholesaler. (b) Any retail permittee or licensee under this title which elects to distribute any beer product in a twenty-five and four-tenths ounce (25.4 oz.) container is prohibited from indicating, directly or indirectly, that the product is not a flavored beer product. Any retail permittee or licensee violating this section shall be subject to sanctions imposed by law. Acts 1997 , ch. 560, § 2; 1998, ch. 857, § 1.
(a) Any wholesaler or retailer selling or distributing any product regulated under this chapter in a twenty-five and four-tenths ounce (25.4 oz.) container may distribute such container only if the container has affixed to it a label, printed in at least three-sixteenths inches ( 3 / 16 ") type, which states "flavored beer." Nothing herein shall be construed to impose upon a brewer or importer the duty to affix the labels required under this subsection (a) prior to sale to a wholesaler.
(b) Any retail permittee or licensee under this title which elects to distribute any beer product in a twenty-five and four-tenths ounce (25.4 oz.) container is prohibited from indicating, directly or indirectly, that the product is not a flavored beer product. Any retail permittee or licensee violating this section shall be subject to sanctions imposed by law.
Acts 1997 , ch. 560, § 2; 1998, ch. 857, § 1.
Tenn. Code Ann. § 57-3-605 — TN Code / Title 57 / Chapter 3 / Section 57-3-605
Application for permit - Annual fee - Expiration date - Verified statement
Status: in_force

(a) Any manufacturer, distillery, winery, importer or other person desiring to obtain a nonresident seller's permit may make application for such to the commission on forms provided by the commission. (b) In addition, every applicant shall pay to the commission an annual permit fee which is established at one hundred and fifty dollars ($150) if such applicant shall have shipped, sold or otherwise distributed fewer than one hundred (100) cases of any alcoholic beverage in this state in the year immediately preceding application. If such applicant shall have shipped, sold or otherwise distributed one hundred (100) cases or more of any alcoholic beverage in this state in the year immediately preceding application, it shall pay an annual permit fee of two hundred fifty dollars ($250) to the commission. (c) Each permit shall be valid for one (1) calendar year. (d) Any wholesaler, holding a license issued pursuant to § 57-3-203 , shall be authorized to act as an importer of alcoholic beverages and wine if such wholesaler holds a basic permit issued pursuant to the Federal Alcohol Administration Act ( 27 U.S.C. § 201 et seq.), as an importer, advises the commission of its intent to act as an importer, pays an additional annual fee of two hundred fifty dollars ($250) to the commission and otherwise complies with the obligations of an importer pursuant to § 57-3-301 and title 47, chapter 25, part 15. (e) Every applicant which has registered to import wine into this state shall provide to the commission a verified statement that neither such applicant, nor any agent or affiliate of such applicant, has a policy which would permit the selling, shipment or distribution of alcoholic beverages to any person in this state not possessed of a license issued pursuant to § 57-3-203 , and that, for the previous year, neither such applicant nor any agent or affiliate of such applicant has sold, solicited for sale or distributed any alcoholic beverages to any person or enterprise in this state not possessing a license issued pursuant to § 57-3-203 . Acts 1981, ch. 157, § 5; 1991, ch. 23, § 1; 2004, ch. 876, § 4; 2011, ch. 448, § 3.
(a) Any manufacturer, distillery, winery, importer or other person desiring to obtain a nonresident seller's permit may make application for such to the commission on forms provided by the commission.
(b) In addition, every applicant shall pay to the commission an annual permit fee which is established at one hundred and fifty dollars ($150) if such applicant shall have shipped, sold or otherwise distributed fewer than one hundred (100) cases of any alcoholic beverage in this state in the year immediately preceding application. If such applicant shall have shipped, sold or otherwise distributed one hundred (100) cases or more of any alcoholic beverage in this state in the year immediately preceding application, it shall pay an annual permit fee of two hundred fifty dollars ($250) to the commission.
(c) Each permit shall be valid for one (1) calendar year.
(d) Any wholesaler, holding a license issued pursuant to § 57-3-203 , shall be authorized to act as an importer of alcoholic beverages and wine if such wholesaler holds a basic permit issued pursuant to the Federal Alcohol Administration Act ( 27 U.S.C. § 201 et seq.), as an importer, advises the commission of its intent to act as an importer, pays an additional annual fee of two hundred fifty dollars ($250) to the commission and otherwise complies with the obligations of an importer pursuant to § 57-3-301 and title 47, chapter 25, part 15.
(e) Every applicant which has registered to import wine into this state shall provide to the commission a verified statement that neither such applicant, nor any agent or affiliate of such applicant, has a policy which would permit the selling, shipment or distribution of alcoholic beverages to any person in this state not possessed of a license issued pursuant to § 57-3-203 , and that, for the previous year, neither such applicant nor any agent or affiliate of such applicant has sold, solicited for sale or distributed any alcoholic beverages to any person or enterprise in this state not possessing a license issued pursuant to § 57-3-203 .
Acts 1981, ch. 157, § 5; 1991, ch. 23, § 1; 2004, ch. 876, § 4; 2011, ch. 448, § 3.
Tenn. Code Ann. § 57-5-602 — TN Code / Title 57 / Chapter 5 / Section 57-5-602
Legislative intent
Status: in_force

It is the intent of the legislature through this part: (1) To eliminate the sale of beer for off-the-premises consumption to, and consumption of beer by, underage persons; (2) To reduce intoxication and to reduce accidents, injuries, and deaths in the state that are related to intoxication; (3) To encourage vendors to be prudent in their selling practices of beer, and to restrict or reduce the sanctions that may be imposed in administrative proceedings by local beer boards against those vendors who voluntarily comply with responsible practices in accordance with this part; and (4) To uniformly apply all provisions in this part statewide, including training, certification and the imposition of penalties or other sanctions for violations of this part, and that no variations from the provisions on training, certification or penalties are permissible. Acts 2006, ch. 864, § 3.
It is the intent of the legislature through this part:
(1) To eliminate the sale of beer for off-the-premises consumption to, and consumption of beer by, underage persons;
(2) To reduce intoxication and to reduce accidents, injuries, and deaths in the state that are related to intoxication;
(3) To encourage vendors to be prudent in their selling practices of beer, and to restrict or reduce the sanctions that may be imposed in administrative proceedings by local beer boards against those vendors who voluntarily comply with responsible practices in accordance with this part; and
(4) To uniformly apply all provisions in this part statewide, including training, certification and the imposition of penalties or other sanctions for violations of this part, and that no variations from the provisions on training, certification or penalties are permissible.
Acts 2006, ch. 864, § 3.
Tenn. Code Ann. § 57-5-402 — TN Code / Title 57 / Chapter 5 / Section 57-5-402
Unauthorized change of consignee or place of delivery prohibited
Status: in_force

(a) It is unlawful for any person to present or tender for transportation to any carrier, or to any officer, agent, employee, or other person acting or assuming to act for such carrier, any beer and/or other such beverages for delivery to any person other than the consignee designated by such person offering the same for shipment, or for the purpose of directly or indirectly effecting a delivery thereof to any person not permitted to receive the same as consignee thereof, under this part, or of any rule or regulation of the commissioner, or to any person not the actual bona fide consignee thereof. (b) It is also unlawful for any person through any such carrier to deliver any such beverages to any person, or at any point or place other than the person and/or destination designated in the bill of lading or transportation contract therefor, or to accept for transportation and/or delivery any shipment of such beverages knowing that such shipment is intended for any person not permitted to receive the same under this part or any rule or regulation of the commissioner. Acts 1969, ch. 299, § 3; T.C.A., § 57-225.
(a) It is unlawful for any person to present or tender for transportation to any carrier, or to any officer, agent, employee, or other person acting or assuming to act for such carrier, any beer and/or other such beverages for delivery to any person other than the consignee designated by such person offering the same for shipment, or for the purpose of directly or indirectly effecting a delivery thereof to any person not permitted to receive the same as consignee thereof, under this part, or of any rule or regulation of the commissioner, or to any person not the actual bona fide consignee thereof.
(b) It is also unlawful for any person through any such carrier to deliver any such beverages to any person, or at any point or place other than the person and/or destination designated in the bill of lading or transportation contract therefor, or to accept for transportation and/or delivery any shipment of such beverages knowing that such shipment is intended for any person not permitted to receive the same under this part or any rule or regulation of the commissioner.
Acts 1969, ch. 299, § 3; T.C.A., § 57-225.
Tenn. Code Ann. § 57-5-416 — TN Code / Title 57 / Chapter 5 / Section 57-5-416
Storage at location other than specific retail location for which purchased unlawful
Status: in_force

In order to facilitate the effective collection and enforcement by municipal and county officials of the tax levied by § 57-6-103 on all sales of beer by wholesalers to retailers or any other persons, it shall be unlawful for any retailer to store beer purchased for a specific retail location at any place other than that specific retail location. Amended by 2018 Tenn. Acts, ch. 933,s 4, eff. 7/1/2018. Acts 1971, ch. 21, § 1; T.C.A., § 57-239.
In order to facilitate the effective collection and enforcement by municipal and county officials of the tax levied by § 57-6-103 on all sales of beer by wholesalers to retailers or any other persons, it shall be unlawful for any retailer to store beer purchased for a specific retail location at any place other than that specific retail location.
Amended by 2018 Tenn. Acts, ch. 933,s 4, eff. 7/1/2018.
Acts 1971, ch. 21, § 1; T.C.A., § 57-239.
Tenn. Code Ann. § 57-3-219 — TN Code / Title 57 / Chapter 3 / Section 57-3-219
Continuation of the issuance of licenses for the retail sale of alcoholic beverages for off-the-premises consumption in certain counties
Status: in_force

If, a smaller city located in a county having a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, retained its charter when the metropolitan form of government was adopted in such county; If, such city later by action of its governing body abolishes its charter and by such action becomes a part of the general services district of such county having a metropolitan form of government; and If, while the charter of such smaller city was in existence, licenses were issued for the retail sale of alcoholic beverages for off-the-premises consumption; then: Notwithstanding any provision of the charter of such metropolitan government to the contrary, licenses may continue to be issued for the retail sale of alcoholic beverages for off-the-premises consumption for those stores which were located within the municipal boundaries of the city while the charter was in force even though, once the charter is abolished, such area will be designated as being included in the general services district of such county. Acts 2010 , ch. 1133, § 6; T.C.A. § 57-4-108 .
If, a smaller city located in a county having a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, retained its charter when the metropolitan form of government was adopted in such county;
If, such city later by action of its governing body abolishes its charter and by such action becomes a part of the general services district of such county having a metropolitan form of government; and
If, while the charter of such smaller city was in existence, licenses were issued for the retail sale of alcoholic beverages for off-the-premises consumption; then:
Notwithstanding any provision of the charter of such metropolitan government to the contrary, licenses may continue to be issued for the retail sale of alcoholic beverages for off-the-premises consumption for those stores which were located within the municipal boundaries of the city while the charter was in force even though, once the charter is abolished, such area will be designated as being included in the general services district of such county.
Acts 2010 , ch. 1133, § 6; T.C.A. § 57-4-108 .
Tenn. Code Ann. § 57-3-706 — TN Code / Title 57 / Chapter 3 / Section 57-3-706
Criminal record check
Status: in_force

The commission may conduct a criminal record review of any applicant for an employee or server permit to ensure the applicant's compliance with the requirements of this part. The commission shall employ the best available means to conduct this investigation. Acts 1995, ch. 396, § 1.
The commission may conduct a criminal record review of any applicant for an employee or server permit to ensure the applicant's compliance with the requirements of this part. The commission shall employ the best available means to conduct this investigation.
Acts 1995, ch. 396, § 1.
Tenn. Code Ann. § 57-1-110 — TN Code / Title 57 / Chapter 1 / Section 57-1-110
Offering gifts or bribes to commissioners - Penalty
Status: in_force

When any distillery, wholesaler or retailer licensed under this chapter, or any person employed by any such distillery, wholesaler or retailer, violates, conspires with any other person to violate, or attempts to violate § 57-1-109 , it is the mandatory duty of the commission to revoke such person's license and permit. Acts 1963, ch. 257, § 9; T.C.A., § 57-809.
When any distillery, wholesaler or retailer licensed under this chapter, or any person employed by any such distillery, wholesaler or retailer, violates, conspires with any other person to violate, or attempts to violate § 57-1-109 , it is the mandatory duty of the commission to revoke such person's license and permit.
Acts 1963, ch. 257, § 9; T.C.A., § 57-809.
Tenn. Code Ann. § 57-5-601 — TN Code / Title 57 / Chapter 5 / Section 57-5-601
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Responsible Vendor Act of 2006." Acts 2006, ch. 864, § 2.
This part shall be known and may be cited as the "Tennessee Responsible Vendor Act of 2006."
Acts 2006, ch. 864, § 2.
Tenn. Code Ann. § 57-3-805 — TN Code / Title 57 / Chapter 3 / Section 57-3-805
Location of licensed premises
Status: in_force

The premises of a retail food store wine license may be located in a municipality or the unincorporated areas of a county; provided, that such county or municipality has approved sales of wine by retail food stores by local option election pursuant to § 57-3-801 . If a county-wide referendum is approved under this part, the premises of a retail food store wine license may be located in any municipality that participated in the referendum regardless of the minimum population requirement for a municipality in § 57-3-101 . Amended by 2017 Tenn. Acts, ch. 147,s 19, eff. 4/17/2017. Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
The premises of a retail food store wine license may be located in a municipality or the unincorporated areas of a county; provided, that such county or municipality has approved sales of wine by retail food stores by local option election pursuant to § 57-3-801 . If a county-wide referendum is approved under this part, the premises of a retail food store wine license may be located in any municipality that participated in the referendum regardless of the minimum population requirement for a municipality in § 57-3-101 .
Amended by 2017 Tenn. Acts, ch. 147,s 19, eff. 4/17/2017.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-3-402 — TN Code / Title 57 / Chapter 3 / Section 57-3-402
Importation or transportation limited
Status: in_force

(a) It is unlawful, except as permitted in this chapter, for any person to import or transport, or cause to be imported or transported from any other state, territory, or country, into this state, any alcoholic beverages defined in § 57-3-101 . This subsection (a) shall not apply to alcoholic beverages imported or transported into this state pursuant to former § 39-17-705(5) . (b) Except as provided in § 57-3-217 , no common carrier or other person shall bring or carry into this state for delivery or use in this state any alcoholic beverages unless the same shall be consigned to a manufacturer or wholesaler duly licensed under this chapter, or unless the alcoholic beverages shall be consigned to a post exchange, ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, in which event notice of the shipment shall be given to the commission as required by § 57-3-110 . (c) It is unlawful for any person, railroad company or other common carrier, to transport or accept delivery of alcoholic beverages, consigned to any person except those duly authorized and holding a wholesaler's license. This shall not apply to: (1) Shipments from a duly licensed wholesaler in this state to a retailer duly licensed or to points outside the state; (2) Alcoholic beverages consigned to a post exchange, ship's service store, club, commissary, or mess, or any other agency under the jurisdiction of the department of defense after notice of such shipment is given to the commission as required by § 57-3-110 ; or (3) Alcoholic beverages transported by a licensee pursuant to the rules and regulations of the commission for the purposes of conducting an educational seminar by a business licensed pursuant to § 57-3-204 . (d) Transportation of alcoholic beverages as defined in this chapter, within, into, through or over this state in quantities in excess of five gallons (5 gals.) is permitted only in conformity with this chapter, except in counties wherein the sale of alcoholic beverages has been legalized. (e) No alcoholic beverages or wine may be sold or delivered to a retailer authorized to sell such alcoholic beverages or wine under this title, whether on premise or off premise, unless such alcoholic beverages have been stored or warehoused at a premises licensed by the commission pursuant to § 57-3-203 for a period of no less than twenty-four (24) hours. It is the stated purpose of this requirement to verify the legality of all alcoholic beverages or wine distributed in this state, and to facilitate the proper payment of all taxes on alcoholic beverages. This subsection (e) shall not apply to deliveries to a licensee under § 57-3-202(i) , § 57-3-204(d) , or § 57-3-207(r) . Amended by 2016 Tenn. Acts, ch. 1068,s 2, eff. 5/20/2016. Acts 1939, ch. 49, §§ 12-14; C. Supp. 1950, §§ 6648.16, 6648.17, 6648.19 (Williams, §§ 6648.15-6648.17); Acts 1955, ch. 347, §§ 2, 2A, 3; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 257, § 36; modified; T.C.A. (orig. ed.), § 57-138; Acts 1987, ch. 164, § 3; 1998, ch. 765, § 2; 2009, ch. 348, § 3; 2009, ch. 434, § 7.
(a) It is unlawful, except as permitted in this chapter, for any person to import or transport, or cause to be imported or transported from any other state, territory, or country, into this state, any alcoholic beverages defined in § 57-3-101 . This subsection (a) shall not apply to alcoholic beverages imported or transported into this state pursuant to former § 39-17-705(5) .
(b) Except as provided in § 57-3-217 , no common carrier or other person shall bring or carry into this state for delivery or use in this state any alcoholic beverages unless the same shall be consigned to a manufacturer or wholesaler duly licensed under this chapter, or unless the alcoholic beverages shall be consigned to a post exchange, ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, in which event notice of the shipment shall be given to the commission as required by § 57-3-110 .
(c) It is unlawful for any person, railroad company or other common carrier, to transport or accept delivery of alcoholic beverages, consigned to any person except those duly authorized and holding a wholesaler's license. This shall not apply to: (1) Shipments from a duly licensed wholesaler in this state to a retailer duly licensed or to points outside the state; (2) Alcoholic beverages consigned to a post exchange, ship's service store, club, commissary, or mess, or any other agency under the jurisdiction of the department of defense after notice of such shipment is given to the commission as required by § 57-3-110 ; or (3) Alcoholic beverages transported by a licensee pursuant to the rules and regulations of the commission for the purposes of conducting an educational seminar by a business licensed pursuant to § 57-3-204 .
(1) Shipments from a duly licensed wholesaler in this state to a retailer duly licensed or to points outside the state;
(2) Alcoholic beverages consigned to a post exchange, ship's service store, club, commissary, or mess, or any other agency under the jurisdiction of the department of defense after notice of such shipment is given to the commission as required by § 57-3-110 ; or
(3) Alcoholic beverages transported by a licensee pursuant to the rules and regulations of the commission for the purposes of conducting an educational seminar by a business licensed pursuant to § 57-3-204 .
(d) Transportation of alcoholic beverages as defined in this chapter, within, into, through or over this state in quantities in excess of five gallons (5 gals.) is permitted only in conformity with this chapter, except in counties wherein the sale of alcoholic beverages has been legalized.
(e) No alcoholic beverages or wine may be sold or delivered to a retailer authorized to sell such alcoholic beverages or wine under this title, whether on premise or off premise, unless such alcoholic beverages have been stored or warehoused at a premises licensed by the commission pursuant to § 57-3-203 for a period of no less than twenty-four (24) hours. It is the stated purpose of this requirement to verify the legality of all alcoholic beverages or wine distributed in this state, and to facilitate the proper payment of all taxes on alcoholic beverages. This subsection (e) shall not apply to deliveries to a licensee under § 57-3-202(i) , § 57-3-204(d) , or § 57-3-207(r) .
Amended by 2016 Tenn. Acts, ch. 1068,s 2, eff. 5/20/2016.
Acts 1939, ch. 49, §§ 12-14; C. Supp. 1950, §§ 6648.16, 6648.17, 6648.19 (Williams, §§ 6648.15-6648.17); Acts 1955, ch. 347, §§ 2, 2A, 3; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 257, § 36; modified; T.C.A. (orig. ed.), § 57-138; Acts 1987, ch. 164, § 3; 1998, ch. 765, § 2; 2009, ch. 348, § 3; 2009, ch. 434, § 7.
Tenn. Code Ann. § 57-3-1007 — TN Code / Title 57 / Chapter 3 / Section 57-3-1007
Enforcement by commission
Status: in_force

(a) The commission shall administer and enforce this part. (b) (1) For an initial violation of 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 of 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). (3) For any subsequent violation or violations of 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 intoxicating liquor 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. (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 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
(a) The commission shall administer and enforce this part.
(b) (1) For an initial violation of 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 of 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). (3) For any subsequent violation or violations of 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 of 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 of 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).
(3) For any subsequent violation or violations of 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 intoxicating liquor 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.
(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 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
Tenn. Code Ann. § 57-3-216 — TN Code / Title 57 / Chapter 3 / Section 57-3-216
Federal license as evidence of sales
Status: in_force

The possession of any federal license to sell alcoholic beverages defined in § 57-3-101 , without the corresponding requisite state license, shall in all cases be prima facie evidence that the holder of such federal license is selling alcoholic beverages in violation of the terms of this chapter. Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; T.C.A. (orig. ed.), § 57-129.
The possession of any federal license to sell alcoholic beverages defined in § 57-3-101 , without the corresponding requisite state license, shall in all cases be prima facie evidence that the holder of such federal license is selling alcoholic beverages in violation of the terms of this chapter.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; T.C.A. (orig. ed.), § 57-129.
Tenn. Code Ann. § 57-9-106 — TN Code / Title 57 / Chapter 9 / Section 57-9-106
Delivery of seized liquor to sheriff
Status: in_force

Every officer, other than the sheriff, taking into possession intoxicating liquors as provided for in § 57-9-103 , shall within five (5) days after so doing, deliver the intoxicating liquors to the sheriff of the county wherein the same was taken into possession, and the sheriff shall execute to the officer a receipt for same in writing showing the kind and quantity of intoxicating liquors so delivered, and the name or names of the person from whom the intoxicating liquors were taken, if such name be known to the officer. Acts 1919, ch. 50, § 3; Shan. Supp., § 6798a19b3; Code 1932, § 11226; T.C.A. (orig. ed.), § 57-607.
Every officer, other than the sheriff, taking into possession intoxicating liquors as provided for in § 57-9-103 , shall within five (5) days after so doing, deliver the intoxicating liquors to the sheriff of the county wherein the same was taken into possession, and the sheriff shall execute to the officer a receipt for same in writing showing the kind and quantity of intoxicating liquors so delivered, and the name or names of the person from whom the intoxicating liquors were taken, if such name be known to the officer.
Acts 1919, ch. 50, § 3; Shan. Supp., § 6798a19b3; Code 1932, § 11226; T.C.A. (orig. ed.), § 57-607.
Tenn. Code Ann. § 57-3-221 — TN Code / Title 57 / Chapter 3 / Section 57-3-221
Manager's permit
Status: in_force

(a) There is created a manager's permit to be issued by the commission to any individual who will be in actual control of the alcohol, wine or beer operations of a retailer licensed under § 57-3-204 , or a retail food store wine licensee. (b) An individual seeking a manager's permit shall make application for such permit by completing an application form in the manner prescribed by the commission. The individual must demonstrate that the individual meets the following requirements: (1) Has not been convicted of any crime involving the sale or distribution of alcohol over the previous eight (8) years; (2) Has not been convicted of any felony within the previous five (5) years; (3) Is at least eighteen (18) years of age; (4) Has not had an employee or server permit or any similar type permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous three (3) years; (5) Does not hold any ownership interest in any licensee or permittee licensed pursuant to § 57-3-203 , nor shall the individual have had any ownership interest in any licensee licensed under this title that has had its license revoked by the issuing authority within the previous eight (8) years; and (6) Has received training in alcohol awareness and the rules and regulations of the commission by an entity approved by the commission pursuant to § 57-3-705 . (c) The manager's permit shall be valid for a period of five (5) years. The commission may impose a fee for the processing and cost of issuance of the manager's permit and for renewal of such permit. The fee shall be adequate for the commission to undertake an appropriate verification of the information provided by the applicant. This fee, which shall not exceed two hundred dollars ($200), shall be determined by the commission. (d) Manager's permits shall be required for the appropriate individuals at retailers licensed under § 57-3-204 and retail food store wine licensees. Amended by 2017 Tenn. Acts, ch. 373,Secs.s4, s5 eff. 5/11/2017. Added by 2014 Tenn. Acts, ch. 554,s 11, eff. 7/1/2014.
(a) There is created a manager's permit to be issued by the commission to any individual who will be in actual control of the alcohol, wine or beer operations of a retailer licensed under § 57-3-204 , or a retail food store wine licensee.
(b) An individual seeking a manager's permit shall make application for such permit by completing an application form in the manner prescribed by the commission. The individual must demonstrate that the individual meets the following requirements: (1) Has not been convicted of any crime involving the sale or distribution of alcohol over the previous eight (8) years; (2) Has not been convicted of any felony within the previous five (5) years; (3) Is at least eighteen (18) years of age; (4) Has not had an employee or server permit or any similar type permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous three (3) years; (5) Does not hold any ownership interest in any licensee or permittee licensed pursuant to § 57-3-203 , nor shall the individual have had any ownership interest in any licensee licensed under this title that has had its license revoked by the issuing authority within the previous eight (8) years; and (6) Has received training in alcohol awareness and the rules and regulations of the commission by an entity approved by the commission pursuant to § 57-3-705 .
(1) Has not been convicted of any crime involving the sale or distribution of alcohol over the previous eight (8) years;
(2) Has not been convicted of any felony within the previous five (5) years;
(3) Is at least eighteen (18) years of age;
(4) Has not had an employee or server permit or any similar type permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous three (3) years;
(5) Does not hold any ownership interest in any licensee or permittee licensed pursuant to § 57-3-203 , nor shall the individual have had any ownership interest in any licensee licensed under this title that has had its license revoked by the issuing authority within the previous eight (8) years; and
(6) Has received training in alcohol awareness and the rules and regulations of the commission by an entity approved by the commission pursuant to § 57-3-705 .
(c) The manager's permit shall be valid for a period of five (5) years. The commission may impose a fee for the processing and cost of issuance of the manager's permit and for renewal of such permit. The fee shall be adequate for the commission to undertake an appropriate verification of the information provided by the applicant. This fee, which shall not exceed two hundred dollars ($200), shall be determined by the commission.
(d) Manager's permits shall be required for the appropriate individuals at retailers licensed under § 57-3-204 and retail food store wine licensees.
Amended by 2017 Tenn. Acts, ch. 373,Secs.s4, s5 eff. 5/11/2017.
Added by 2014 Tenn. Acts, ch. 554,s 11, eff. 7/1/2014.
Tenn. Code Ann. § 57-5-404 — TN Code / Title 57 / Chapter 5 / Section 57-5-404
Intrastate transportation without payment of tax unlawful - Documents required - Prima facie evidence of violation
Status: in_force

(a) It is unlawful for any person to transport from any point within this state to another point within this state any beer and/or other such beverages on which the tax imposed in § 57-5-201 has not been paid, except for immediate delivery to a licensed brewery, wholesaler or distributor in this state. (b) Any person engaged in transporting any beer and/or other such beverages on which the tax imposed in § 57-5-201 has not been paid from any point within this state to another point within this state shall possess during the entire time engaged in transporting such beverages an invoice, bill of sale or bill of lading showing the true name and address of the consignor, the true name and address of the licensed brewery, wholesaler or distributor to whom such beverages are to be delivered and the quantity of such beverages by character and contents of the containers. (c) If such person fails to produce an invoice or bill of sale or recorded evidence, or if when produced it fails to comply and accurately disclose such information, the same shall be prima facie evidence of the violation of this chapter. Acts 1969, ch. 299, § 3; T.C.A., § 57-227.
(a) It is unlawful for any person to transport from any point within this state to another point within this state any beer and/or other such beverages on which the tax imposed in § 57-5-201 has not been paid, except for immediate delivery to a licensed brewery, wholesaler or distributor in this state.
(b) Any person engaged in transporting any beer and/or other such beverages on which the tax imposed in § 57-5-201 has not been paid from any point within this state to another point within this state shall possess during the entire time engaged in transporting such beverages an invoice, bill of sale or bill of lading showing the true name and address of the consignor, the true name and address of the licensed brewery, wholesaler or distributor to whom such beverages are to be delivered and the quantity of such beverages by character and contents of the containers.
(c) If such person fails to produce an invoice or bill of sale or recorded evidence, or if when produced it fails to comply and accurately disclose such information, the same shall be prima facie evidence of the violation of this chapter.
Acts 1969, ch. 299, § 3; T.C.A., § 57-227.
Tenn. Code Ann. § 57-3-601 — TN Code / Title 57 / Chapter 3 / Section 57-3-601
Short title
Status: in_force

This part shall be known as the "Nonresident Liquor Seller's Permit Act of 1981." Acts 1981, ch. 157, § 1.
This part shall be known as the "Nonresident Liquor Seller's Permit Act of 1981."
Acts 1981, ch. 157, § 1.
Tenn. Code Ann. § 57-3-814 — TN Code / Title 57 / Chapter 3 / Section 57-3-814
Licensee prohibited from sale of wine in connection with wholesale wine or alcoholic beverage business in state
Status: in_force

No holder of a retail food store wine license shall sell wine in connection with any business involved in the wholesale sale of wine or alcoholic beverages within this state. Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
No holder of a retail food store wine license shall sell wine in connection with any business involved in the wholesale sale of wine or alcoholic beverages within this state.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-3-215 — TN Code / Title 57 / Chapter 3 / Section 57-3-215
New license after revocation
Status: in_force

(a) Where a license is revoked, no new license shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of one (1) year from the date such revocation becomes final and effective. (b) If the premises are owned by a person, firm or corporation not the licensee, the commission may, in its discretion, waive subsection (a) or reduce the time within which no new license may be granted with respect to the same premises. Acts 1945, ch. 167, § 2; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); Acts 1977, ch. 461, § 3; T.C.A. (orig. ed.), § 57-128.
(a) Where a license is revoked, no new license shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of one (1) year from the date such revocation becomes final and effective.
(b) If the premises are owned by a person, firm or corporation not the licensee, the commission may, in its discretion, waive subsection (a) or reduce the time within which no new license may be granted with respect to the same premises.
Acts 1945, ch. 167, § 2; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); Acts 1977, ch. 461, § 3; T.C.A. (orig. ed.), § 57-128.
Tenn. Code Ann. § 57-3-212 — TN Code / Title 57 / Chapter 3 / Section 57-3-212
Transfer of permits restricted
Status: in_force

(a) The holder of a license may not sell, assign or transfer such license to any other person, and such license shall be good and valid only for the twelve (12) months after the same was issued. (b) Licensees who are serving in the military forces of the United States in time of war may appoint an agent to operate under the license of the licensee during the absence of the licensee. In such instances, the license shall continue to be carried and renewed in the name of the owner. The agent of the licensee shall conform to all the requirements of a licensee under this chapter, including the furnishing of a certificate as provided under § 57-3-208 . No person who is ineligible to obtain a license under this chapter shall be eligible to serve as the agent of a licensee under this section. (c) Except as expressly authorized, there shall be no transfer of any permit from the holder thereof to another, nor, except in special instances to be fixed by rule or regulation of the commission, any transfer thereof from one (1) location to another. Amended by 2018 Tenn. Acts, ch. 783,s 14, eff. 4/20/2018. Amended by 2018 Tenn. Acts, ch. 783,s 11, eff. 4/20/2018. Acts 1939, ch. 49, §§ 5, 14; 1943, ch. 98, § 1; C. Supp. 1950, §§ 6648.16, 6648.17 (Williams, §§ 6648.8, 6648.17); impl. am. Acts 1963, ch. 257, § 28; T.C.A. (orig. ed.), § 57-125; Acts 1981, ch. 152, § 1.
(a) The holder of a license may not sell, assign or transfer such license to any other person, and such license shall be good and valid only for the twelve (12) months after the same was issued.
(b) Licensees who are serving in the military forces of the United States in time of war may appoint an agent to operate under the license of the licensee during the absence of the licensee. In such instances, the license shall continue to be carried and renewed in the name of the owner. The agent of the licensee shall conform to all the requirements of a licensee under this chapter, including the furnishing of a certificate as provided under § 57-3-208 . No person who is ineligible to obtain a license under this chapter shall be eligible to serve as the agent of a licensee under this section.
(c) Except as expressly authorized, there shall be no transfer of any permit from the holder thereof to another, nor, except in special instances to be fixed by rule or regulation of the commission, any transfer thereof from one (1) location to another.
Amended by 2018 Tenn. Acts, ch. 783,s 14, eff. 4/20/2018.
Amended by 2018 Tenn. Acts, ch. 783,s 11, eff. 4/20/2018.
Acts 1939, ch. 49, §§ 5, 14; 1943, ch. 98, § 1; C. Supp. 1950, §§ 6648.16, 6648.17 (Williams, §§ 6648.8, 6648.17); impl. am. Acts 1963, ch. 257, § 28; T.C.A. (orig. ed.), § 57-125; Acts 1981, ch. 152, § 1.
Tenn. Code Ann. § 57-3-407 — TN Code / Title 57 / Chapter 3 / Section 57-3-407
Action against commission - Venue
Status: in_force

Any action brought against the commission as such shall be brought in the circuit court of Davidson County. Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 41; T.C.A. (orig. ed.), § 57-143.
Any action brought against the commission as such shall be brought in the circuit court of Davidson County.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 41; T.C.A. (orig. ed.), § 57-143.
Tenn. Code Ann. § 57-1-107 — TN Code / Title 57 / Chapter 1 / Section 57-1-107
Chief law enforcement officer - Appointment - Qualifications - Travel expenses
Status: in_force

The commission is hereby authorized to appoint a chief law enforcement officer who shall serve at the pleasure of the commission. The chief law enforcement officer shall: (1) Be under the immediate supervision of the director; (2) Be at least thirty (30) years of age; (3) Have been a citizen and resident of this state for at least five (5) years prior to appointment; (4) Have had experience and training in law enforcement work and qualifications identical to that required for members of the Tennessee bureau of investigation; and (5) Be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1963, ch. 257, § 6; 1976, ch. 806, § 1(12); T.C.A., § 57-806.
The commission is hereby authorized to appoint a chief law enforcement officer who shall serve at the pleasure of the commission. The chief law enforcement officer shall:
(1) Be under the immediate supervision of the director;
(2) Be at least thirty (30) years of age;
(3) Have been a citizen and resident of this state for at least five (5) years prior to appointment;
(4) Have had experience and training in law enforcement work and qualifications identical to that required for members of the Tennessee bureau of investigation; and
(5) Be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1963, ch. 257, § 6; 1976, ch. 806, § 1(12); T.C.A., § 57-806.
Tenn. Code Ann. § 57-5-407 — TN Code / Title 57 / Chapter 5 / Section 57-5-407
Interstate shipments through Tennessee excepted from part
Status: in_force

This part shall not be construed as being applicable to interstate shipments through this state where such shipments are accompanied and supported by proper invoices or bills of lading containing such information as the commissioner may require. Acts 1969, ch. 299, § 3; T.C.A., § 57-230.
This part shall not be construed as being applicable to interstate shipments through this state where such shipments are accompanied and supported by proper invoices or bills of lading containing such information as the commissioner may require.
Acts 1969, ch. 299, § 3; T.C.A., § 57-230.
Tenn. Code Ann. § 57-4-308 — TN Code / Title 57 / Chapter 4 / Section 57-4-308
Violation a misdemeanor
Status: in_force

Any violation of this chapter is a misdemeanor and punishable as such. Acts 1967, ch. 211, § 3; T.C.A., § 57-163.
Any violation of this chapter is a misdemeanor and punishable as such.
Acts 1967, ch. 211, § 3; T.C.A., § 57-163.
Tenn. Code Ann. § 57-4-202 — TN Code / Title 57 / Chapter 4 / Section 57-4-202
Revocation or suspension of permits - Pilot project concerning local and municipal beer boards
Status: in_force

(a) The commission shall have authority to revoke or suspend any permit granted herein for the violations of any applicable provision of this chapter, and any person aggrieved by the action of this commission in revoking or suspending a permit, or in refusing to grant a permit, may have such action reviewed as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) [Deleted by 2024 amendment.] (c) [Deleted by 2024 amendment.] (d) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 670,s 3, eff. 4/11/2024. Amended by 2020 Tenn. Acts, ch. 711, s 10, eff. 6/15/2020. Amended by 2013 Tenn. Acts, ch. 236, s 68, eff. 4/19/2013. Acts 1967, ch. 211, § 1; 1979, ch. 374, §§ 1, 2; T.C.A., §§ 57-152, 57-155; Acts 2012 , ch. 881, § 2.
(a) The commission shall have authority to revoke or suspend any permit granted herein for the violations of any applicable provision of this chapter, and any person aggrieved by the action of this commission in revoking or suspending a permit, or in refusing to grant a permit, may have such action reviewed as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) [Deleted by 2024 amendment.]
(c) [Deleted by 2024 amendment.]
(d) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 670,s 3, eff. 4/11/2024.
Amended by 2020 Tenn. Acts, ch. 711, s 10, eff. 6/15/2020.
Amended by 2013 Tenn. Acts, ch. 236, s 68, eff. 4/19/2013.
Acts 1967, ch. 211, § 1; 1979, ch. 374, §§ 1, 2; T.C.A., §§ 57-152, 57-155; Acts 2012 , ch. 881, § 2.
Tenn. Code Ann. § 57-5-102 — TN Code / Title 57 / Chapter 5 / Section 57-5-102
Registration of manufacturers and wholesale distributors
Status: in_force

(a) Every person, firm, corporation, joint-stock company, syndicate or association in this state engaging in the manufacture or wholesale distribution of beer shall be required to first register its name and address, by mail or in person, at the office of the commissioner of revenue and to receive and keep posted at its usual place of business a certificate of registration bearing a serial number, which serial number shall be assigned to such person, firm, corporation, joint-stock company, syndicate or association in this state by the commissioner. The registration shall be made and certificate of registration received and posted before commencement of any business as described herein. (b) Cost of such registration is fixed at twenty dollars ($20.00) for wholesalers and forty dollars ($40.00) for manufacturers, to be paid by the applicant before a certificate is issued. Such certificate must be renewed annually on or before January 1, upon the payment of the aforementioned registration fees. (c) Any person required by this section to be registered who shall fail to register with the commissioner within twenty (20) days after entering business, or who shall fail to obtain a renewal of such registration for the current year by January 20 thereof, shall have added to the cost of registration a specific penalty of five dollars ($5.00) a month for each month or fractional part thereof during which such failure continues, but not to exceed an amount equal to the registration fee. (d) The proceeds of these fees shall be divided equally, one-half (½) to the department and one-half (½) to the Tennessee highway patrol, and shall be accredited to the expendable receipts account of such departments in order that same may be available for the purpose of enforcing this chapter. (e) In addition to the specific mandatory penalty provided for hereinabove, any person who shall engage in any business or activity for which a certificate of registration is knowingly required from the commissioner under this chapter without first having obtained such a certificate, or who, having obtained such a certificate, shall continue to engage in and/or conduct such business or activity after such certificate shall have been revoked or who does so during a suspension thereof, shall be liable to a discretionary penalty of not more than one hundred dollars ($100) to be imposed by the commissioner at the commissioner's discretion. Such penalty shall be collected in the manner otherwise provided for the collection of taxes and penalties and distributed in the manner provided hereinabove. Each day that such business or activity is so engaged in or conducted may be deemed a separate offense by the commissioner at the commissioner's discretion upon determination that the circumstances warrant. (f) Every person, firm, corporation, joint-stock company, syndicate or association, before being permitted to store, sell, distribute and/or manufacture beer shall pay such license, and comply with such regulations and ordinances as may be passed by the county courts of the counties and/or enacted by the proper municipal authorities of the cities or towns where such person, firm, corporation, joint-stock company, syndicate or association may do business in the manner hereinafter provided. Acts 1933, ch. 69, § 5; 1937, ch. 198, § 1; 1943, ch. 53, § 1; mod. C. Supp. 1950, § 1191.5; impl. am. Acts 1959, ch. 9, § 14; Acts 1972, ch. 448, § 1; 1973, ch. 68, § 6; 1974, ch. 478, § 1; T.C.A. (orig. ed.), § 57-202; Acts 1985, ch. 315, § 1; 1993, ch. 297, § 2.
(a) Every person, firm, corporation, joint-stock company, syndicate or association in this state engaging in the manufacture or wholesale distribution of beer shall be required to first register its name and address, by mail or in person, at the office of the commissioner of revenue and to receive and keep posted at its usual place of business a certificate of registration bearing a serial number, which serial number shall be assigned to such person, firm, corporation, joint-stock company, syndicate or association in this state by the commissioner. The registration shall be made and certificate of registration received and posted before commencement of any business as described herein.
(b) Cost of such registration is fixed at twenty dollars ($20.00) for wholesalers and forty dollars ($40.00) for manufacturers, to be paid by the applicant before a certificate is issued. Such certificate must be renewed annually on or before January 1, upon the payment of the aforementioned registration fees.
(c) Any person required by this section to be registered who shall fail to register with the commissioner within twenty (20) days after entering business, or who shall fail to obtain a renewal of such registration for the current year by January 20 thereof, shall have added to the cost of registration a specific penalty of five dollars ($5.00) a month for each month or fractional part thereof during which such failure continues, but not to exceed an amount equal to the registration fee.
(d) The proceeds of these fees shall be divided equally, one-half (½) to the department and one-half (½) to the Tennessee highway patrol, and shall be accredited to the expendable receipts account of such departments in order that same may be available for the purpose of enforcing this chapter.
(e) In addition to the specific mandatory penalty provided for hereinabove, any person who shall engage in any business or activity for which a certificate of registration is knowingly required from the commissioner under this chapter without first having obtained such a certificate, or who, having obtained such a certificate, shall continue to engage in and/or conduct such business or activity after such certificate shall have been revoked or who does so during a suspension thereof, shall be liable to a discretionary penalty of not more than one hundred dollars ($100) to be imposed by the commissioner at the commissioner's discretion. Such penalty shall be collected in the manner otherwise provided for the collection of taxes and penalties and distributed in the manner provided hereinabove. Each day that such business or activity is so engaged in or conducted may be deemed a separate offense by the commissioner at the commissioner's discretion upon determination that the circumstances warrant.
(f) Every person, firm, corporation, joint-stock company, syndicate or association, before being permitted to store, sell, distribute and/or manufacture beer shall pay such license, and comply with such regulations and ordinances as may be passed by the county courts of the counties and/or enacted by the proper municipal authorities of the cities or towns where such person, firm, corporation, joint-stock company, syndicate or association may do business in the manner hereinafter provided.
Acts 1933, ch. 69, § 5; 1937, ch. 198, § 1; 1943, ch. 53, § 1; mod. C. Supp. 1950, § 1191.5; impl. am. Acts 1959, ch. 9, § 14; Acts 1972, ch. 448, § 1; 1973, ch. 68, § 6; 1974, ch. 478, § 1; T.C.A. (orig. ed.), § 57-202; Acts 1985, ch. 315, § 1; 1993, ch. 297, § 2.
Tenn. Code Ann. § 57-1-211 — TN Code / Title 57 / Chapter 1 / Section 57-1-211
Warning signs at retail establishments
Status: in_force

(a) Each licensee which sells alcoholic beverages at retail not for consumption on the premises and each licensee which sells alcoholic beverages for consumption on the premises shall post, in a prominent place easily seen by its customers, a warning sign supplied by the alcoholic beverage commission, which meets the requirements of subsections (b) and (c). The signs shall contain a warning that drinking alcoholic beverages during pregnancy can cause birth defects, including fetal alcohol syndrome and fetal alcohol effects. (b) The alcoholic beverage commission shall prepare the signs required by this section and make them available at no cost to those licensees described in subsection (a) by August 30, 1997, and when a new license is issued to a person for the sale of alcoholic beverages at retail or for consumption on the premises. The bureau of alcohol and drug abuse services shall assist the alcoholic beverage commission in preparing such signs upon request of the commission. (c) The signs required by this section shall be composed of black, capital letters printed on white laminated paper at a minimum weight of one hundred ten pound (110 lb.) index. The letters comprising the word "WARNING" shall be highlighted black lettering and such word shall be larger than all other lettering on the sign. The size of the sign shall be approximately thirteen inches (13") by nine and one-half inches (9½"). (d) If the alcoholic beverage commission finds that a licensee has failed to post the sign required by this section, the alcoholic beverage commission shall notify the licensee in writing of the violation. A licensee who fails to post such sign within twenty-four (24) hours of receiving such written notification shall be subject to a civil penalty not to exceed twenty-five dollars ($25.00) for each day the licensee is in violation. Acts 1997 , ch. 492, § 1; 1998, ch. 765, § 4.
(a) Each licensee which sells alcoholic beverages at retail not for consumption on the premises and each licensee which sells alcoholic beverages for consumption on the premises shall post, in a prominent place easily seen by its customers, a warning sign supplied by the alcoholic beverage commission, which meets the requirements of subsections (b) and (c). The signs shall contain a warning that drinking alcoholic beverages during pregnancy can cause birth defects, including fetal alcohol syndrome and fetal alcohol effects.
(b) The alcoholic beverage commission shall prepare the signs required by this section and make them available at no cost to those licensees described in subsection (a) by August 30, 1997, and when a new license is issued to a person for the sale of alcoholic beverages at retail or for consumption on the premises. The bureau of alcohol and drug abuse services shall assist the alcoholic beverage commission in preparing such signs upon request of the commission.
(c) The signs required by this section shall be composed of black, capital letters printed on white laminated paper at a minimum weight of one hundred ten pound (110 lb.) index. The letters comprising the word "WARNING" shall be highlighted black lettering and such word shall be larger than all other lettering on the sign. The size of the sign shall be approximately thirteen inches (13") by nine and one-half inches (9½").
(d) If the alcoholic beverage commission finds that a licensee has failed to post the sign required by this section, the alcoholic beverage commission shall notify the licensee in writing of the violation. A licensee who fails to post such sign within twenty-four (24) hours of receiving such written notification shall be subject to a civil penalty not to exceed twenty-five dollars ($25.00) for each day the licensee is in violation.
Acts 1997 , ch. 492, § 1; 1998, ch. 765, § 4.
Tenn. Code Ann. § 57-9-118 — TN Code / Title 57 / Chapter 9 / Section 57-9-118
Sheriff's inventory to facilitate credit to proper jurisdiction
Status: in_force

It shall be the duty of the sheriff to keep separate inventories of liquor that is captured by police officers and liquor captured by other officers, so that the funds derived from the sale thereof may be properly divided between the county and incorporated city, town or municipality. Acts 1919, ch. 50, § 9; Shan. Supp., § 6798a19b9; Code 1932, § 11232; Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-619.
It shall be the duty of the sheriff to keep separate inventories of liquor that is captured by police officers and liquor captured by other officers, so that the funds derived from the sale thereof may be properly divided between the county and incorporated city, town or municipality.
Acts 1919, ch. 50, § 9; Shan. Supp., § 6798a19b9; Code 1932, § 11232; Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-619.
Tenn. Code Ann. § 57-3-227 — TN Code / Title 57 / Chapter 3 / Section 57-3-227
Common carrier license
Status: in_force

(a) Beginning January 1, 2023, there is created a common carrier license to be issued by the commission to a person, firm, or corporation that transports goods for a fee, and maintains a regularly established schedule of service within this state to transport wine from a person licensed under § 57-3-217 or § 57-3-415 directly to the citizens of the state who are twenty-one (21) years of age or older. Each applicant 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 license under this section must not be issued until the applicant has paid to the commission the annual license fee of one thousand dollars ($1,000). (b) A common carrier shall only transport wine to individuals over twenty-one (21) years of age and in accordance with § 57-3-217 . It is a violation for a common carrier, their employees, agents, or contractors, upon the time of final delivery to the individual, to not inspect a valid government-issued identification for proof the individual is twenty-one (21) years of age or older. (c) This section does not apply to common carriers regulated under 49 U.S.C. §§ 10101 et seq., or to rail trailer-on-flatcar/container-on-flatcar (TOFC/COFC) service, as defined in 49 CFR § 1090.1 , or highway TOFC/COFC service provided by a rail carrier, either itself or jointly with a motor carrier, as part of continuous intermodal freight transportation, including, without limitation, any other TOFC/COFC transportation as defined under federal law. (d) The commission may make such investigations and inspections necessary to administer this part. Added by 2022 Tenn. Acts, ch. 699, s 1, eff. 1/1/2023.
(a) Beginning January 1, 2023, there is created a common carrier license to be issued by the commission to a person, firm, or corporation that transports goods for a fee, and maintains a regularly established schedule of service within this state to transport wine from a person licensed under § 57-3-217 or § 57-3-415 directly to the citizens of the state who are twenty-one (21) years of age or older. Each applicant 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 license under this section must not be issued until the applicant has paid to the commission the annual license fee of one thousand dollars ($1,000).
(b) A common carrier shall only transport wine to individuals over twenty-one (21) years of age and in accordance with § 57-3-217 . It is a violation for a common carrier, their employees, agents, or contractors, upon the time of final delivery to the individual, to not inspect a valid government-issued identification for proof the individual is twenty-one (21) years of age or older.
(c) This section does not apply to common carriers regulated under 49 U.S.C. §§ 10101 et seq., or to rail trailer-on-flatcar/container-on-flatcar (TOFC/COFC) service, as defined in 49 CFR § 1090.1 , or highway TOFC/COFC service provided by a rail carrier, either itself or jointly with a motor carrier, as part of continuous intermodal freight transportation, including, without limitation, any other TOFC/COFC transportation as defined under federal law.
(d) The commission may make such investigations and inspections necessary to administer this part.
Added by 2022 Tenn. Acts, ch. 699, s 1, eff. 1/1/2023.
Tenn. Code Ann. § 57-3-818 — TN Code / Title 57 / Chapter 3 / Section 57-3-818
Responsible vendor training program - Report - Fees - Exceptions
Status: in_force

(a) The commission shall create a responsible vendor training program for retail food store wine licensees and retailers licensed pursuant to § 57-3-204 similar to the responsible vendor training program established in chapter 5, part 6 of this title. (b) Except as provided in subsection (d), each retail food store wine licensee and retailer licensed in this state shall participate in the responsible vendor training program created under this section as a condition to having and maintaining such license. (c) Each retail food store and retailer shall be required to annually file a report stating the number of certified clerks employed by the licensee in the twelve (12) months preceding the date of the report. The list shall include the first and last name of each clerk. The licensee shall maintain records for each clerk sufficient to verify that annual training has been completed. Training shall be a minimum of one (1) hour annually. Each retail food store and retailer shall pay a fee as follows: (1) 0-15 certified clerks....................$150; (2) 16-30 certified clerks....................$200; (3) 31-45 certified clerks....................$250; (4) 46-60 certified clerks....................$300; (5) 61-100 certified clerks....................$350; (6) 101-150 certified clerks....................$400; (7) 151-200 certified clerks....................$450; and (8) $50.00 for each additional 50 certified clerks over 200. (d) The commission shall not require any licensee to participate or pay fees for both the responsible vendor training program created in this section and the program established in chapter 5, part 6 of this title. Participation in either program shall be deemed sufficient compliance. (e) This section shall not apply to employees of a retailer licensed under § 57-3-204 until July 1, 2016. Any employee of a retailer who has a valid permit under [former] § 57-3-204(c) [expired] on July 1, 2016, shall not be required to be certified pursuant to this section until that permit expires. Amended by 2019 Tenn. Acts, ch. 136, s 2, eff. 8/1/2019. Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
(a) The commission shall create a responsible vendor training program for retail food store wine licensees and retailers licensed pursuant to § 57-3-204 similar to the responsible vendor training program established in chapter 5, part 6 of this title.
(b) Except as provided in subsection (d), each retail food store wine licensee and retailer licensed in this state shall participate in the responsible vendor training program created under this section as a condition to having and maintaining such license.
(c) Each retail food store and retailer shall be required to annually file a report stating the number of certified clerks employed by the licensee in the twelve (12) months preceding the date of the report. The list shall include the first and last name of each clerk. The licensee shall maintain records for each clerk sufficient to verify that annual training has been completed. Training shall be a minimum of one (1) hour annually. Each retail food store and retailer shall pay a fee as follows: (1) 0-15 certified clerks....................$150; (2) 16-30 certified clerks....................$200; (3) 31-45 certified clerks....................$250; (4) 46-60 certified clerks....................$300; (5) 61-100 certified clerks....................$350; (6) 101-150 certified clerks....................$400; (7) 151-200 certified clerks....................$450; and (8) $50.00 for each additional 50 certified clerks over 200.
(1) 0-15 certified clerks....................$150;
(2) 16-30 certified clerks....................$200;
(3) 31-45 certified clerks....................$250;
(4) 46-60 certified clerks....................$300;
(5) 61-100 certified clerks....................$350;
(6) 101-150 certified clerks....................$400;
(7) 151-200 certified clerks....................$450; and
(8) $50.00 for each additional 50 certified clerks over 200.
(d) The commission shall not require any licensee to participate or pay fees for both the responsible vendor training program created in this section and the program established in chapter 5, part 6 of this title. Participation in either program shall be deemed sufficient compliance.
(e) This section shall not apply to employees of a retailer licensed under § 57-3-204 until July 1, 2016. Any employee of a retailer who has a valid permit under [former] § 57-3-204(c) [expired] on July 1, 2016, shall not be required to be certified pursuant to this section until that permit expires.
Amended by 2019 Tenn. Acts, ch. 136, s 2, eff. 8/1/2019.
Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-3-105 — TN Code / Title 57 / Chapter 3 / Section 57-3-105
Conflicts of interest prohibited
Status: in_force

No member of the commission and no person employed by the commission shall have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, or in any other manner, in or on any premises where alcoholic beverages are sold; nor shall they or any of them have any interest, direct or indirect, in any business wholly or partially devoted to the sale, transportation or storage of alcoholic beverages. Acts 1939, ch. 49, § 5; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); impl. am. Acts 1963, ch. 257, § 15; T.C.A. (orig. ed.), § 57-110.
No member of the commission and no person employed by the commission shall have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, or in any other manner, in or on any premises where alcoholic beverages are sold; nor shall they or any of them have any interest, direct or indirect, in any business wholly or partially devoted to the sale, transportation or storage of alcoholic beverages.
Acts 1939, ch. 49, § 5; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); impl. am. Acts 1963, ch. 257, § 15; T.C.A. (orig. ed.), § 57-110.
Tenn. Code Ann. § 57-1-212 — TN Code / Title 57 / Chapter 1 / Section 57-1-212
Retired agents' service weapons after twenty-five years of service
Status: in_force

Any agent of the alcoholic beverage commission who retires after twenty-five (25) years of honorable service shall be issued by the commission a retired commission card, which shall identify the agent, the agent's department and rank, and the fact that the agent is retired. Cards issued under this provision shall bear the inscription, in print of equal or larger size than the rest of the printing on the card, the words "Not a handgun permit." After twenty-five (25) years of honorable service as an agent of the commission, the commission shall authorize the agent, upon retirement, to retain the agent's service weapon, in recognition of the agent's many years of good and faithful public service. T.C.A., § 38-6-105(b) .
Any agent of the alcoholic beverage commission who retires after twenty-five (25) years of honorable service shall be issued by the commission a retired commission card, which shall identify the agent, the agent's department and rank, and the fact that the agent is retired. Cards issued under this provision shall bear the inscription, in print of equal or larger size than the rest of the printing on the card, the words "Not a handgun permit." After twenty-five (25) years of honorable service as an agent of the commission, the commission shall authorize the agent, upon retirement, to retain the agent's service weapon, in recognition of the agent's many years of good and faithful public service.
T.C.A., § 38-6-105(b) .
Tenn. Code Ann. § 57-9-107 — TN Code / Title 57 / Chapter 9 / Section 57-9-107
Sheriff to keep intoxicants until otherwise ordered by court
Status: in_force

The sheriff shall safely keep in possession all intoxicating liquors, either taken by the sheriff as provided in § 57-9-103 or delivered to the sheriff as provided in § 57-9-106 until ordered to dispose of same by the court as hereinafter provided. Acts 1919, ch. 50, § 4; Shan. Supp., § 6798a19b4; Code 1932, § 11227; T.C.A. (orig. ed.), § 57-608.
The sheriff shall safely keep in possession all intoxicating liquors, either taken by the sheriff as provided in § 57-9-103 or delivered to the sheriff as provided in § 57-9-106 until ordered to dispose of same by the court as hereinafter provided.
Acts 1919, ch. 50, § 4; Shan. Supp., § 6798a19b4; Code 1932, § 11227; T.C.A. (orig. ed.), § 57-608.
Tenn. Code Ann. § 57-3-907 — TN Code / Title 57 / Chapter 3 / Section 57-3-907
Restrictions on sales by retail food stores
Status: in_force

No retail food store as defined in § 57-3-802 shall sell, offer for sale or advertise the sale of: (1) Two (2) or more items, at least one (1) of which items is wine, at a combined price; or (2) Liquor, spirits or high alcohol content beer. Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
No retail food store as defined in § 57-3-802 shall sell, offer for sale or advertise the sale of:
(1) Two (2) or more items, at least one (1) of which items is wine, at a combined price; or
(2) Liquor, spirits or high alcohol content beer.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-1-205 — TN Code / Title 57 / Chapter 1 / Section 57-1-205
Alcoholic beverage tax collection
Status: in_force

The alcoholic beverage tax levied and authorized to be collected under §§ 57-3-302 and 57-3-303 shall continue to be collected by the commissioner of revenue in the same manner as now prescribed by law. Acts 1963, ch. 257, § 33; T.C.A., § 57-815.
The alcoholic beverage tax levied and authorized to be collected under §§ 57-3-302 and 57-3-303 shall continue to be collected by the commissioner of revenue in the same manner as now prescribed by law.
Acts 1963, ch. 257, § 33; T.C.A., § 57-815.
Tenn. Code Ann. § 57-3-901 — TN Code / Title 57 / Chapter 3 / Section 57-3-901
Short title
Status: in_force

This part shall be known and may be cited as the "Unfair Wine Sales Law." Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
This part shall be known and may be cited as the "Unfair Wine Sales Law."
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-5-406 — TN Code / Title 57 / Chapter 5 / Section 57-5-406
No purchases authorized from unlicensed seller - Defenses - Shipping, receiving or accepting packages with false or misleading statements unlawful
Status: in_force

(a) No person shall purchase or agree to purchase any beer and/or other such beverages from any person within this state who does not at the time of such purchase hold a license authorizing the seller to sell or agree to sell such beverages to such purchaser. It shall be a matter of defense only that such purchaser did not in good faith know that the seller did not hold a license authorizing the seller to sell or agree to sell beer to the purchaser, and did not have reasonable ground to believe that the seller did not hold such license. (b) No person shall solicit or receive any order for any such beverages in violation of this part, or give any information of how the same may be obtained in violation of this part. (c) It is unlawful for any consignee to accept or receive any package containing any beer upon which appears any statement, label, address, superscription, shipping directions, legend or design known to the consignee to be false or misleading, or for any carrier or other person to consign, ship, transport, or deliver any such package, knowing any such statement, label, address, superscription, shipping directions, legend or design to be false or misleading. (d) It is unlawful for any person to make a false statement for the purpose of obtaining any such beverages to any railroad, express or transportation company or any person engaged in the business of transporting goods, wares, and merchandise for the purpose of obtaining the shipment, transportation or delivery of any beer and/or other such beverages. Acts 1969, ch. 299, § 3; T.C.A., § 57-229.
(a) No person shall purchase or agree to purchase any beer and/or other such beverages from any person within this state who does not at the time of such purchase hold a license authorizing the seller to sell or agree to sell such beverages to such purchaser. It shall be a matter of defense only that such purchaser did not in good faith know that the seller did not hold a license authorizing the seller to sell or agree to sell beer to the purchaser, and did not have reasonable ground to believe that the seller did not hold such license.
(b) No person shall solicit or receive any order for any such beverages in violation of this part, or give any information of how the same may be obtained in violation of this part.
(c) It is unlawful for any consignee to accept or receive any package containing any beer upon which appears any statement, label, address, superscription, shipping directions, legend or design known to the consignee to be false or misleading, or for any carrier or other person to consign, ship, transport, or deliver any such package, knowing any such statement, label, address, superscription, shipping directions, legend or design to be false or misleading.
(d) It is unlawful for any person to make a false statement for the purpose of obtaining any such beverages to any railroad, express or transportation company or any person engaged in the business of transporting goods, wares, and merchandise for the purpose of obtaining the shipment, transportation or delivery of any beer and/or other such beverages.
Acts 1969, ch. 299, § 3; T.C.A., § 57-229.
Tenn. Code Ann. § 57-9-203 — TN Code / Title 57 / Chapter 9 / Section 57-9-203
Review of action of commission - Appeal to supreme court
Status: in_force

(a) The action of the alcoholic beverage commission may be reviewed by petition for common-law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date the order of the commission is made. (b) Immediately upon the grant of the writ of certiorari the commission shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commission. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript unless the time be extended by the court. (c) The decision of the commission shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commission, and neither party shall be entitled to introduce any additional evidence in the circuit court. The confiscated goods shall not be sold pending such review, but shall be stored by the commission until the final disposition of the case. (d) Within the discretion of the commission, the claimant may be awarded possession of the confiscated goods pending the decision of the circuit court under the petition of certiorari; provided, that the claimant shall be required to execute a bond payable to the state of Tennessee in an amount double the value of the property seized, the sureties to be approved by the commission. The condition of the bond shall be that the obligors shall pay to the state, through the commission, the full value of the goods or property seized, unless upon certiorari the decision of the commission shall be reversed and the property awarded to the claimant. (e) Either party dissatisfied with the judgment or decree of the circuit court may upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any such appeal is made, the clerk of the circuit court in which such suit was pending shall include as a part of the record the original certified transcript of the proceedings had before the commission. The appeal shall be advanced upon the docket of the supreme court as one of such precedence, and heard as promptly as practicable. Acts 1941, ch. 119, § 3; 1945, ch. 88, § 1; C. Supp. 1950, § 6648.26 (Williams, § 6648.28); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-624; Acts 1981, ch. 449, § 2.
(a) The action of the alcoholic beverage commission may be reviewed by petition for common-law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date the order of the commission is made.
(b) Immediately upon the grant of the writ of certiorari the commission shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commission. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript unless the time be extended by the court.
(c) The decision of the commission shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commission, and neither party shall be entitled to introduce any additional evidence in the circuit court. The confiscated goods shall not be sold pending such review, but shall be stored by the commission until the final disposition of the case.
(d) Within the discretion of the commission, the claimant may be awarded possession of the confiscated goods pending the decision of the circuit court under the petition of certiorari; provided, that the claimant shall be required to execute a bond payable to the state of Tennessee in an amount double the value of the property seized, the sureties to be approved by the commission. The condition of the bond shall be that the obligors shall pay to the state, through the commission, the full value of the goods or property seized, unless upon certiorari the decision of the commission shall be reversed and the property awarded to the claimant.
(e) Either party dissatisfied with the judgment or decree of the circuit court may upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any such appeal is made, the clerk of the circuit court in which such suit was pending shall include as a part of the record the original certified transcript of the proceedings had before the commission. The appeal shall be advanced upon the docket of the supreme court as one of such precedence, and heard as promptly as practicable.
Acts 1941, ch. 119, § 3; 1945, ch. 88, § 1; C. Supp. 1950, § 6648.26 (Williams, § 6648.28); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-624; Acts 1981, ch. 449, § 2.
Tenn. Code Ann. § 57-4-112 — TN Code / Title 57 / Chapter 4 / Section 57-4-112
[Repealed] Reserved
Status: repealed

Repealed effective 7/1/2023, by 2021 Tenn. Acts, ch. 451, s 5. Added by 2021 Tenn. Acts, ch. 451, s 1, eff. 5/14/2021.
Repealed effective 7/1/2023, by 2021 Tenn. Acts, ch. 451, s 5.
Added by 2021 Tenn. Acts, ch. 451, s 1, eff. 5/14/2021.
Tenn. Code Ann. § 57-1-103 — TN Code / Title 57 / Chapter 1 / Section 57-1-103
Terms - Vacancy - Removal - Compensation - Attendance
Status: in_force

(a) The three (3) members of the commission appointed by the governor must be appointed for terms concurrent with the term of the governor. In the event a vacancy occurs, the governor shall appoint a person to fill the vacancy for the unexpired term. (b) The commissioners serve at the pleasure of the governor and are subject to removal by the governor at any time. (c) Each member of the commission must receive five hundred dollars ($500) for each meeting of the commission that the member attends. The members of the commission must likewise be reimbursed for their actual and necessary expenses incurred in connection with their official duties. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) (1) A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission. (2) The chair of the commission shall promptly notify the governor of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1). Amended by 2018 Tenn. Acts, ch. 933,s 6, eff. 7/1/2018. Acts 1963, ch. 257, § 2; 1976, ch. 806, § 1(12); T.C.A., § 57-802; Acts 1988, ch. 867, § 1.
(a) The three (3) members of the commission appointed by the governor must be appointed for terms concurrent with the term of the governor. In the event a vacancy occurs, the governor shall appoint a person to fill the vacancy for the unexpired term.
(b) The commissioners serve at the pleasure of the governor and are subject to removal by the governor at any time.
(c) Each member of the commission must receive five hundred dollars ($500) for each meeting of the commission that the member attends. The members of the commission must likewise be reimbursed for their actual and necessary expenses incurred in connection with their official duties. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) (1) A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission. (2) The chair of the commission shall promptly notify the governor of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
(1) A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission.
(2) The chair of the commission shall promptly notify the governor of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
Amended by 2018 Tenn. Acts, ch. 933,s 6, eff. 7/1/2018.
Acts 1963, ch. 257, § 2; 1976, ch. 806, § 1(12); T.C.A., § 57-802; Acts 1988, ch. 867, § 1.
Tenn. Code Ann. § 57-5-203 — TN Code / Title 57 / Chapter 5 / Section 57-5-203
Payment of tax money - Deadline
Status: in_force

The tax imposed in § 57-5-201 shall be paid to the department of revenue on or before the twentieth day of the month following the month in which it accrues. Acts 1933, ch. 69, § 4; 1941, ch. 52, § 1; C. Supp. 1950, § 1191.14; impl. am. Acts 1959, ch. 9, § 14; Acts 1972, ch. 448, § 2; 1979, ch. 202, § 1; T.C.A. (orig. ed.), § 57-215; Acts 1980, ch. 885, § 6; 1988, ch. 526, § 15.
The tax imposed in § 57-5-201 shall be paid to the department of revenue on or before the twentieth day of the month following the month in which it accrues.
Acts 1933, ch. 69, § 4; 1941, ch. 52, § 1; C. Supp. 1950, § 1191.14; impl. am. Acts 1959, ch. 9, § 14; Acts 1972, ch. 448, § 2; 1979, ch. 202, § 1; T.C.A. (orig. ed.), § 57-215; Acts 1980, ch. 885, § 6; 1988, ch. 526, § 15.
Tenn. Code Ann. § 57-5-508 — TN Code / Title 57 / Chapter 5 / Section 57-5-508
Termination or modification of agreement with wholesaler by supplier - Notice
Status: in_force

Notice by a supplier of any amendment, modification, termination, cancellation, discontinuance or refusal to renew an agreement with the wholesaler shall be written, shall be made by certified mail, and shall contain all of the following: (1) A statement of intention to amend, modify, terminate, cancel, discontinue or refuse to renew the agreement; (2) A statement of the reason(s) for the amendment, modification, termination, cancellation, discontinuance or nonrenewal; and (3) The date on which the amendment, modification, termination, cancellation, discontinuance or nonrenewal will take effect. Acts 1990, ch. 618, § 8.
Notice by a supplier of any amendment, modification, termination, cancellation, discontinuance or refusal to renew an agreement with the wholesaler shall be written, shall be made by certified mail, and shall contain all of the following:
(1) A statement of intention to amend, modify, terminate, cancel, discontinue or refuse to renew the agreement;
(2) A statement of the reason(s) for the amendment, modification, termination, cancellation, discontinuance or nonrenewal; and
(3) The date on which the amendment, modification, termination, cancellation, discontinuance or nonrenewal will take effect.
Acts 1990, ch. 618, § 8.
Tenn. Code Ann. § 57-3-710 — TN Code / Title 57 / Chapter 3 / Section 57-3-710
Implementation
Status: in_force

The commission is authorized to promulgate appropriate rules to implement this part. Acts 1995, ch. 396, § 1.
The commission is authorized to promulgate appropriate rules to implement this part.
Acts 1995, ch. 396, § 1.
Tenn. Code Ann. § 57-3-705 — TN Code / Title 57 / Chapter 3 / Section 57-3-705
Commission certification
Status: in_force

The commission shall certify any organization or entity seeking to provide alcohol awareness training for employees or servers, or both, upon adequate demonstration to the commission that the curriculum, faculty, materials and facilities of the organization or entity meet such minimum standards as shall be fixed by the commission. The commission is authorized to review the adequacy of the curriculum, faculty, materials and facilities of any certified trainer at any time. Failure of any certified trainer to maintain adequate records, respond to a request for information from the commission, or meet the minimum standards prescribed by the commission shall be grounds to decertify the organization or entity. The commission may certify any online training programs that meet the minimum standards as set by the commission. Amended by 2017 Tenn. Acts, ch. 338,s 3, eff. 5/9/2017. Acts 1995, ch. 396, § 1.
The commission shall certify any organization or entity seeking to provide alcohol awareness training for employees or servers, or both, upon adequate demonstration to the commission that the curriculum, faculty, materials and facilities of the organization or entity meet such minimum standards as shall be fixed by the commission. The commission is authorized to review the adequacy of the curriculum, faculty, materials and facilities of any certified trainer at any time. Failure of any certified trainer to maintain adequate records, respond to a request for information from the commission, or meet the minimum standards prescribed by the commission shall be grounds to decertify the organization or entity. The commission may certify any online training programs that meet the minimum standards as set by the commission.
Amended by 2017 Tenn. Acts, ch. 338,s 3, eff. 5/9/2017.
Acts 1995, ch. 396, § 1.
Tenn. Code Ann. § 57-1-202 — TN Code / Title 57 / Chapter 1 / Section 57-1-202
Transfer of provisions relating to contraband liquor
Status: in_force

The duties, authority, powers and functions as contained and enumerated in § 57-9-115 and chapter 9, part 2 of this title are hereby transferred and vested in the commission as though the same were set out and copied verbatim herein, for the purpose of carrying out this chapter. Acts 1963, ch. 258, §§ 2, 3; T.C.A., § 57-812.
The duties, authority, powers and functions as contained and enumerated in § 57-9-115 and chapter 9, part 2 of this title are hereby transferred and vested in the commission as though the same were set out and copied verbatim herein, for the purpose of carrying out this chapter.
Acts 1963, ch. 258, §§ 2, 3; T.C.A., § 57-812.
Tenn. Code Ann. § 57-3-304 — TN Code / Title 57 / Chapter 3 / Section 57-3-304
Sale or possession of untaxed alcoholic beverages unlawful
Status: in_force

(a) No alcoholic beverages in retail containers shall be sold for eventual retail sale or distribution by gift or retail sale in the state unless the taxes imposed under this part are paid. No retail outlet or unlicensed individual shall purchase or have in its possession any alcoholic beverages unless the taxes imposed under this part are paid. (b) Any person possessing alcoholic beverages in excess of five gallons (5 gals.) shall have the burden of proof that such beverages were purchased from a licensed retailer or retail food store licensed to sell wine pursuant to part 8 of this chapter and that all taxes imposed by this part have been paid. (c) It is unlawful for any person, dealer, distributor, or manufacturer, to sell, offer for sale, display for sale, barter, exchange or give away any alcoholic beverage, or any container thereof, in this state, without having first paid, in the manner prescribed by the commission, the tax provided in §§ 57-3-302 and 57-3-303 . (d) A violation of this section is a Class C misdemeanor. Amended by 2014 Tenn. Acts, ch. 554,s 3, eff. 7/1/2014. Acts 1939, ch. 49, § 13; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 34; T.C.A. (orig. ed.), § 57-133; Acts 1989, ch. 591, § 113; 1992, ch. 608, § 5; 2009, ch. 434, § 5.
(a) No alcoholic beverages in retail containers shall be sold for eventual retail sale or distribution by gift or retail sale in the state unless the taxes imposed under this part are paid. No retail outlet or unlicensed individual shall purchase or have in its possession any alcoholic beverages unless the taxes imposed under this part are paid.
(b) Any person possessing alcoholic beverages in excess of five gallons (5 gals.) shall have the burden of proof that such beverages were purchased from a licensed retailer or retail food store licensed to sell wine pursuant to part 8 of this chapter and that all taxes imposed by this part have been paid.
(c) It is unlawful for any person, dealer, distributor, or manufacturer, to sell, offer for sale, display for sale, barter, exchange or give away any alcoholic beverage, or any container thereof, in this state, without having first paid, in the manner prescribed by the commission, the tax provided in §§ 57-3-302 and 57-3-303 .
(d) A violation of this section is a Class C misdemeanor.
Amended by 2014 Tenn. Acts, ch. 554,s 3, eff. 7/1/2014.
Acts 1939, ch. 49, § 13; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 34; T.C.A. (orig. ed.), § 57-133; Acts 1989, ch. 591, § 113; 1992, ch. 608, § 5; 2009, ch. 434, § 5.
Tenn. Code Ann. § 57-6-111 — TN Code / Title 57 / Chapter 6 / Section 57-6-111
Exemption of sales to armed forces installations
Status: in_force

The tax levied herein shall not be applicable to any beer and/or ale sold to any post exchange, ship service store, commissary, open mess, officers' club, N.C.O. club or other organization recognized by and located on any fort, base, camp or post of the armed forces of the United States. Wholesalers and brewers duly licensed in Tennessee shall be relieved of the tax imposed herein on all beer and/or ale sold at any fort, base, camp or post of the armed forces of the United States; provided, that such sales are listed on the monthly reports required herein; and provided further, that a copy of a receipt duly signed by the officer or noncommissioned officer in charge of such clubs, certifying that such beer or ale was sold to and delivered to such clubs at such fort, base, camp or post, is attached to such report. Acts 1953, ch. 76, § 13 (Williams, § 1051.30); T.C.A. (orig. ed.), § 57-313.
The tax levied herein shall not be applicable to any beer and/or ale sold to any post exchange, ship service store, commissary, open mess, officers' club, N.C.O. club or other organization recognized by and located on any fort, base, camp or post of the armed forces of the United States. Wholesalers and brewers duly licensed in Tennessee shall be relieved of the tax imposed herein on all beer and/or ale sold at any fort, base, camp or post of the armed forces of the United States; provided, that such sales are listed on the monthly reports required herein; and provided further, that a copy of a receipt duly signed by the officer or noncommissioned officer in charge of such clubs, certifying that such beer or ale was sold to and delivered to such clubs at such fort, base, camp or post, is attached to such report.
Acts 1953, ch. 76, § 13 (Williams, § 1051.30); T.C.A. (orig. ed.), § 57-313.
Tenn. Code Ann. § 57-4-205 — TN Code / Title 57 / Chapter 4 / Section 57-4-205
Alcohol vaporizing devices
Status: in_force

(a) As used in this section, "alcohol vaporizing device" means any device, machine or process that, by means of heat, a vibrating element or any other method, mixes spirits, liquor or other alcoholic product with pure oxygen or other gas to produce a vaporized product that is dispensed for inhalation into the lungs through the nose or mouth. (b) No licensee shall sell, deliver, or give away, or permit to be sold, delivered, or given away, any alcoholic beverage for dispensation by means of an alcohol vaporizing device. (c) No licensee shall bring, keep, maintain or use, or permit another to bring, keep, maintain or use, an alcohol vaporizing device on the licensed premises, or on any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible. (d) (1) A first violation of this section is a Class A misdemeanor and is grounds for suspension of the licensee's license, for a period not to exceed sixty (60) days. (2) A second violation of this section is a Class A misdemeanor and shall result in the suspension of the licensee's license, for a period of not less than thirty (30) days nor more than ninety (90) days. (3) A third or subsequent violation of this section is a Class E felony and shall result in suspension of the licensee's license, for a period of one (1) year. Acts 2005, ch. 402, § 1.
(a) As used in this section, "alcohol vaporizing device" means any device, machine or process that, by means of heat, a vibrating element or any other method, mixes spirits, liquor or other alcoholic product with pure oxygen or other gas to produce a vaporized product that is dispensed for inhalation into the lungs through the nose or mouth.
(b) No licensee shall sell, deliver, or give away, or permit to be sold, delivered, or given away, any alcoholic beverage for dispensation by means of an alcohol vaporizing device.
(c) No licensee shall bring, keep, maintain or use, or permit another to bring, keep, maintain or use, an alcohol vaporizing device on the licensed premises, or on any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible.
(d) (1) A first violation of this section is a Class A misdemeanor and is grounds for suspension of the licensee's license, for a period not to exceed sixty (60) days. (2) A second violation of this section is a Class A misdemeanor and shall result in the suspension of the licensee's license, for a period of not less than thirty (30) days nor more than ninety (90) days. (3) A third or subsequent violation of this section is a Class E felony and shall result in suspension of the licensee's license, for a period of one (1) year.
(1) A first violation of this section is a Class A misdemeanor and is grounds for suspension of the licensee's license, for a period not to exceed sixty (60) days.
(2) A second violation of this section is a Class A misdemeanor and shall result in the suspension of the licensee's license, for a period of not less than thirty (30) days nor more than ninety (90) days.
(3) A third or subsequent violation of this section is a Class E felony and shall result in suspension of the licensee's license, for a period of one (1) year.
Acts 2005, ch. 402, § 1.
Tenn. Code Ann. § 57-1-104 — TN Code / Title 57 / Chapter 1 / Section 57-1-104
Name and domicile - Meetings - Quorum
Status: in_force

(a) The official name of the commission shall be the Tennessee alcoholic beverage commission and its official domicile shall be in Nashville. All meetings of the commission shall be held in Nashville. (b) The commission shall elect one (1) of its own members as chair, and the commission shall meet at least one (1) time in Nashville each month, and shall hold such other meetings for any period of time as may be necessary for the commission to transact and perform its official duties and functions. The commission may hold a special meeting at any time it deems necessary and advisable in the performance of its official duties. Two (2) members of the commission shall constitute a quorum for the transaction of any business, or in the performance of any duty, power or function of the commission. A special meeting may be called by the chair, or by a majority of the commission. Acts 1963, ch. 257, § 3; T.C.A., § 57-803.
(a) The official name of the commission shall be the Tennessee alcoholic beverage commission and its official domicile shall be in Nashville. All meetings of the commission shall be held in Nashville.
(b) The commission shall elect one (1) of its own members as chair, and the commission shall meet at least one (1) time in Nashville each month, and shall hold such other meetings for any period of time as may be necessary for the commission to transact and perform its official duties and functions. The commission may hold a special meeting at any time it deems necessary and advisable in the performance of its official duties. Two (2) members of the commission shall constitute a quorum for the transaction of any business, or in the performance of any duty, power or function of the commission. A special meeting may be called by the chair, or by a majority of the commission.
Acts 1963, ch. 257, § 3; T.C.A., § 57-803.
Tenn. Code Ann. § 57-6-106 — TN Code / Title 57 / Chapter 6 / Section 57-6-106
Investigations by the department
Status: in_force

(a) The department on its own initiative may, or upon request of any county or municipality receiving this tax shall, make investigations to determine whether the full amount of tax imposed by this part has been paid, providing that any county or municipality requesting such investigation may designate an agent to participate in the investigation. For this purpose, wholesalers and retailers shall make their books and records with respect to beer purchases, sales and inventories available for inspection and audit at all reasonable business hours, and shall furnish any information with respect to beer purchases, sales and inventories required by the department. The results of such investigations shall be reported to counties and municipalities concerned. (b) The department, upon request of any county or municipality concerned, shall provide information available in the department with respect to the administration of this part, including the amount of tax collected and remitted, within the county or municipality. Acts 1953, ch. 76, § 8 (Williams, § 1051.25); T.C.A. (orig. ed.), § 57-308.
(a) The department on its own initiative may, or upon request of any county or municipality receiving this tax shall, make investigations to determine whether the full amount of tax imposed by this part has been paid, providing that any county or municipality requesting such investigation may designate an agent to participate in the investigation. For this purpose, wholesalers and retailers shall make their books and records with respect to beer purchases, sales and inventories available for inspection and audit at all reasonable business hours, and shall furnish any information with respect to beer purchases, sales and inventories required by the department. The results of such investigations shall be reported to counties and municipalities concerned.
(b) The department, upon request of any county or municipality concerned, shall provide information available in the department with respect to the administration of this part, including the amount of tax collected and remitted, within the county or municipality.
Acts 1953, ch. 76, § 8 (Williams, § 1051.25); T.C.A. (orig. ed.), § 57-308.
Tenn. Code Ann. § 57-5-114 — TN Code / Title 57 / Chapter 5 / Section 57-5-114
Separate license for distribution of high alcohol content beer not required
Status: in_force

Any wholesale distributor of beer that has a valid wholesale license pursuant to this chapter is not required to obtain a separate license for the distribution of high alcohol content beer from the commission. Added by 2017 Tenn. Acts, ch. 443,s 4, eff. 5/25/2017.
Any wholesale distributor of beer that has a valid wholesale license pursuant to this chapter is not required to obtain a separate license for the distribution of high alcohol content beer from the commission.
Added by 2017 Tenn. Acts, ch. 443,s 4, eff. 5/25/2017.
Tenn. Code Ann. § 57-3-607 — TN Code / Title 57 / Chapter 3 / Section 57-3-607
Nonresident seller to be primary American source of supply
Status: in_force

(a) No holder of a nonresident seller's permit may solicit, accept, or fill an order for distilled spirits or wine from a holder of any type of wholesaler's permit unless the nonresident seller is the primary American source of supply for the brand of distilled spirits or wine that is ordered. (b) In this section, "primary American source of supply" means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler, or the exclusive agent of any of those. To be the "primary American source of supply" the nonresident seller must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers. Acts 1981, ch. 157, § 7.
(a) No holder of a nonresident seller's permit may solicit, accept, or fill an order for distilled spirits or wine from a holder of any type of wholesaler's permit unless the nonresident seller is the primary American source of supply for the brand of distilled spirits or wine that is ordered.
(b) In this section, "primary American source of supply" means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler, or the exclusive agent of any of those. To be the "primary American source of supply" the nonresident seller must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers.
Acts 1981, ch. 157, § 7.
Tenn. Code Ann. § 57-5-507 — TN Code / Title 57 / Chapter 5 / Section 57-5-507
Termination or modification of agreement with wholesaler by supplier - Prerequisites
Status: in_force

Except as provided in §§ 57-5-505 and 57-5-506 , a supplier may not amend, modify, terminate, cancel, discontinue or refuse to renew an agreement with a wholesaler, or cause a wholesaler to resign from an agreement, unless the supplier has complied with the following requirements: (1) The supplier shall give written notice to the wholesaler, as provided in § 57-5-508 , not less than ninety (90) days prior to the effective date of the amendment, modification, termination, cancellation, discontinuance or nonrenewal; (2) The supplier acts in good faith. The supplier shall have the burden of proving that it acted in good faith; (3) The supplier has good cause. In any action challenging the supplier's action under this section, the supplier shall have the burden of proving that it has good cause. Good cause exists when all of the following have occurred: (A) The wholesaler has failed to comply substantially with essential and reasonable requirements imposed upon the wholesaler by the agreement, if such requirements are not discriminatory, either by their terms or in the methods of their enforcement, as compared with requirements imposed on other wholesalers in Tennessee or adjoining states and if such requirements are not in violation of any law or regulation; (B) The supplier first acquired knowledge of the failure described in subdivision (3)(A) not more than twenty-four (24) months before the date notification was given pursuant to this section; (C) The supplier has given written notice to the wholesaler, stating specifically the manner in which the wholesaler has failed to comply with the agreement; and (D) The wholesaler was given adequate opportunity to use good faith efforts to correct the failure to comply with the agreement. Adequate opportunity shall be thirty (30) days to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days after the thirty-day period to correct the failure in accordance with the plan. Acts 1990, ch. 618, § 7.
Except as provided in §§ 57-5-505 and 57-5-506 , a supplier may not amend, modify, terminate, cancel, discontinue or refuse to renew an agreement with a wholesaler, or cause a wholesaler to resign from an agreement, unless the supplier has complied with the following requirements:
(1) The supplier shall give written notice to the wholesaler, as provided in § 57-5-508 , not less than ninety (90) days prior to the effective date of the amendment, modification, termination, cancellation, discontinuance or nonrenewal;
(2) The supplier acts in good faith. The supplier shall have the burden of proving that it acted in good faith;
(3) The supplier has good cause. In any action challenging the supplier's action under this section, the supplier shall have the burden of proving that it has good cause. Good cause exists when all of the following have occurred: (A) The wholesaler has failed to comply substantially with essential and reasonable requirements imposed upon the wholesaler by the agreement, if such requirements are not discriminatory, either by their terms or in the methods of their enforcement, as compared with requirements imposed on other wholesalers in Tennessee or adjoining states and if such requirements are not in violation of any law or regulation; (B) The supplier first acquired knowledge of the failure described in subdivision (3)(A) not more than twenty-four (24) months before the date notification was given pursuant to this section; (C) The supplier has given written notice to the wholesaler, stating specifically the manner in which the wholesaler has failed to comply with the agreement; and (D) The wholesaler was given adequate opportunity to use good faith efforts to correct the failure to comply with the agreement. Adequate opportunity shall be thirty (30) days to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days after the thirty-day period to correct the failure in accordance with the plan.
(A) The wholesaler has failed to comply substantially with essential and reasonable requirements imposed upon the wholesaler by the agreement, if such requirements are not discriminatory, either by their terms or in the methods of their enforcement, as compared with requirements imposed on other wholesalers in Tennessee or adjoining states and if such requirements are not in violation of any law or regulation;
(B) The supplier first acquired knowledge of the failure described in subdivision (3)(A) not more than twenty-four (24) months before the date notification was given pursuant to this section;
(C) The supplier has given written notice to the wholesaler, stating specifically the manner in which the wholesaler has failed to comply with the agreement; and
(D) The wholesaler was given adequate opportunity to use good faith efforts to correct the failure to comply with the agreement. Adequate opportunity shall be thirty (30) days to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days after the thirty-day period to correct the failure in accordance with the plan.
Acts 1990, ch. 618, § 7.
Tenn. Code Ann. § 57-3-405 — TN Code / Title 57 / Chapter 3 / Section 57-3-405
Solicitation of business restricted
Status: in_force

It is unlawful for any representative, employee, or agent of any distiller, rectifier or manufacturer, to solicit business from anyone in this state except those holding a wholesaler's license to do business in this state. Amended by 2014 Tenn. Acts, ch. 554,s 31, eff. 7/1/2014. Acts 1939, ch. 49, §§ 12, 13; C. Supp. 1950, §§ 6648.16, 6648.19 (Williams, §§ 6648.15, 6648.16); T.C.A. (orig. ed.), § 57-141.
It is unlawful for any representative, employee, or agent of any distiller, rectifier or manufacturer, to solicit business from anyone in this state except those holding a wholesaler's license to do business in this state.
Amended by 2014 Tenn. Acts, ch. 554,s 31, eff. 7/1/2014.
Acts 1939, ch. 49, §§ 12, 13; C. Supp. 1950, §§ 6648.16, 6648.19 (Williams, §§ 6648.15, 6648.16); T.C.A. (orig. ed.), § 57-141.
Tenn. Code Ann. § 57-3-222 — TN Code / Title 57 / Chapter 3 / Section 57-3-222
Minimum required sales for renewal of retail license - Recordkeeping - Suspension or revocation of license
Status: in_force

(a) In order to renew a retail license, the licensee must maintain a minimum of sixty-five percent (65%) of the licensee's total sales from alcoholic beverages, including wine and beer, such percentage to be calculated on an annual basis. The licensee shall keep sales and purchase records through accounting methods that are customary or reasonable in the retail business. (b) A retail licensee who fails to comply with subsection (a) in achieving the minimum required sales or in failing to keep adequate records shall have one (1) year to come into compliance. During this one-year period, the licensee shall work with the commission in creating a plan that would bring the licensee into compliance with this section. (c) Failure to comply after the one-year period shall result in the retail license being suspended or revoked by the commission. (d) In order to determine compliance with subsection (a), each retail licensee shall submit sales information to the commission in such form as the commission deems appropriate at the time the licensee applies for renewal. The commission is authorized to verify sales information if the commission deems it necessary with the department of revenue. Added by 2014 Tenn. Acts, ch. 554,s 13, eff. 7/1/2014.
(a) In order to renew a retail license, the licensee must maintain a minimum of sixty-five percent (65%) of the licensee's total sales from alcoholic beverages, including wine and beer, such percentage to be calculated on an annual basis. The licensee shall keep sales and purchase records through accounting methods that are customary or reasonable in the retail business.
(b) A retail licensee who fails to comply with subsection (a) in achieving the minimum required sales or in failing to keep adequate records shall have one (1) year to come into compliance. During this one-year period, the licensee shall work with the commission in creating a plan that would bring the licensee into compliance with this section.
(c) Failure to comply after the one-year period shall result in the retail license being suspended or revoked by the commission.
(d) In order to determine compliance with subsection (a), each retail licensee shall submit sales information to the commission in such form as the commission deems appropriate at the time the licensee applies for renewal. The commission is authorized to verify sales information if the commission deems it necessary with the department of revenue.
Added by 2014 Tenn. Acts, ch. 554,s 13, eff. 7/1/2014.
Tenn. Code Ann. § 57-6-108 — TN Code / Title 57 / Chapter 6 / Section 57-6-108
Cash sales only to retailers
Status: in_force

In order to effectively collect the tax levied by this part all sales of beer by wholesalers to retailers or any other persons, except sales to duly licensed wholesalers and sales within military installations as set out in § 57-6-111 , shall be for cash only. The intent of this section is that wholesale sale of beer and delivery and payment therefor shall be a simultaneous transaction, and any maneuver, device or method of extending credit is expressly prohibited. Acts 1953, ch. 76, § 10 (Williams, § 1051.27); T.C.A. (orig. ed.), § 57-310.
In order to effectively collect the tax levied by this part all sales of beer by wholesalers to retailers or any other persons, except sales to duly licensed wholesalers and sales within military installations as set out in § 57-6-111 , shall be for cash only. The intent of this section is that wholesale sale of beer and delivery and payment therefor shall be a simultaneous transaction, and any maneuver, device or method of extending credit is expressly prohibited.
Acts 1953, ch. 76, § 10 (Williams, § 1051.27); T.C.A. (orig. ed.), § 57-310.
Tenn. Code Ann. § 57-5-412 — TN Code / Title 57 / Chapter 5 / Section 57-5-412
Costs and fees of hearing
Status: in_force

(a) Costs incurred in each hearing, including witness fees, mileage expenses and all fees of sheriffs for serving any notices or subpoenas, shall be taxed as costs by the commissioner or the commissioner's authorized representative. All costs and fees for witnesses and/or sheriffs shall be advanced or collected as provided in the case of witnesses attending upon cases in courts of record, and the service of subpoenas requiring their attendance and testimony. (b) If, upon the hearing, the claimant shall be found by the commissioner, or the commissioner's authorized representative, to be guilty of the matters charged, all of the costs provided for in subsection (a) shall be taxed and charged against the claimant, but if the charge against such claimant shall be dismissed, then such costs shall be paid by the commissioner out of the funds collected under this chapter, after approval by the commissioner, and shall be and constitute lawful expenditures hereunder. Acts 1969, ch. 299, § 3; T.C.A., § 57-235.
(a) Costs incurred in each hearing, including witness fees, mileage expenses and all fees of sheriffs for serving any notices or subpoenas, shall be taxed as costs by the commissioner or the commissioner's authorized representative. All costs and fees for witnesses and/or sheriffs shall be advanced or collected as provided in the case of witnesses attending upon cases in courts of record, and the service of subpoenas requiring their attendance and testimony.
(b) If, upon the hearing, the claimant shall be found by the commissioner, or the commissioner's authorized representative, to be guilty of the matters charged, all of the costs provided for in subsection (a) shall be taxed and charged against the claimant, but if the charge against such claimant shall be dismissed, then such costs shall be paid by the commissioner out of the funds collected under this chapter, after approval by the commissioner, and shall be and constitute lawful expenditures hereunder.
Acts 1969, ch. 299, § 3; T.C.A., § 57-235.