Tenn. Code Ann. § 57-3-204 — TN Code / Title 57 / Chapter 3 / Section 57-3-204
Retailer's licenses - Fees - Disposition of alcoholic beverages after retailer ceases doing business - Sale by manufacturer and other entities
Status: in_force

(a) For the retail sale of alcoholic spirituous beverages, including beer and malt beverages, as in this chapter defined, a license may be issued as herein provided. Any person, firm, or corporation desiring to sell alcoholic spirituous beverages, including beer and malt beverages, to patrons or customers, in sealed packages only, and not for consumption on the premises except for conducting tastings pursuant to § 57-3-404(h)(2) , shall make application to the commission for a retailer's license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission may, subject to the restrictions of this chapter, issue such retailer's license. If the premises with respect to which the license is sought is owned by a person, firm or corporation not the applicant, the application shall include the name and address of the owner. If the ownership of the premises should change after a license is granted, the licensee shall, within ten (10) days after becoming aware of such change in ownership, notify the commission in writing of the name and address of the new owner. (b) (1) Each applicant for a retail license shall pay to the commission a one-time, nonrefundable fee in the amount of three hundred dollars ($300) when the application is submitted for review. A retailer's license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of eight hundred fifty dollars ($850). (2) No retail license under this section may be issued to any individual: (A) Who has been convicted of a felony under the laws of this state, any other state or the United States; (B) Who has had a license related to the manufacture, sale or distribution of any form of alcoholic beverages revoked for cause; (C) Who is not twenty-one (21) years of age or older; (D) Who has an interest, whether direct or indirect, in a manufacturer, distiller, rectifier, liquor wholesaler, winery, distributor, retail food store or farm winery selling alcoholic beverages that is licensed in this state, except that the spouse of an applicant for a retail license may own and hold a farm wine permit if the spouse does not hold a retailer's license issued under this section; (E) Who, other than as a member of the governing body of a city or county, appoints or supervises any law enforcement officer, who is a law enforcement official or who is an employee of the commission; (F) Who intends to carry on the business authorized by the license as the agent or on behalf of another; (G) Who at the time of the time of application for renewal of any license issued under this section would not be eligible for the license upon a first application; (H) Who is the holder of a valid existing license issued for the sale of wine in a retail food store under § 57-3-803 , and amendments thereto; (I) Who does not own the premises for which a license is sought, or does not, at the time of application, have a written and enforceable lease thereon; (J) Whose spouse would be ineligible to receive a license under this section for any reason other than citizenship or age, except that this subdivision (b)(2)(J) shall not apply in determining eligibility for a renewal license; and (K) Whose spouse has been convicted of a felony or other crime that would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this section. (3) The commission may issue a retail license to a corporation; provided, that no such license may be issued to, transferred to, or maintained by a corporation if: (A) An officer, director, or stockholder owning capital stock in the corporation would be ineligible to receive a retailer's license for a reason specified in subdivision (b)(2), if application for such retail license had been made by the officer, director, or stockholder in their individual capacity; or (B) A person owning stock in such corporation has an interest as partner or otherwise, either direct or indirect, in a business licensed to engage in the distribution of liquor, spirits, wine, or high alcohol content beer in this state. (c) (1) If a retail licensee ceases to do business through the voluntary or involuntary loss of the licensee's license, or if a person not licensed under this chapter obtains title to alcoholic beverages of a retail licensee as a result of a defaulted loan or execution, the wholesaler who sold the alcoholic beverages to the retailer shall purchase such alcoholic beverages from the retailer at a base price of the wholesalers' laid-in cost of such alcoholic beverage. A wholesaler shall be permitted an offset or charge against such payment for any outstanding obligation owed to the wholesaler by such licensee or for reasonable labor, restocking and transportation charges. (2) Any licensee objecting to the reasonableness of the offset or charge may petition the commission to review such, and shall designate the wholesaler as a respondent. The commission shall conduct a contested case hearing pursuant to the Uniform Administrative Procedure Act, compiled in title 4, chapter 5, part 3, to consider the objection. (3) The obligation imposed on a wholesaler under this section does not apply to any product which: (A) Is damaged or cannot be legally sold in this state; (B) Is not sold to a retailer within one hundred eighty (180) days of demand for repayment; (C) The wholesaler from whom the product was purchased is not the designated distributor pursuant to § 57-3-301 , at the time demand is made; (D) Product contains a price tag not readily removable; or (E) Is sold in a commemorative bottle, seasonal decanter or other novelty container. (4) (A) Notwithstanding § 57-3-406(b) , if a retail licensee is not in debt to a wholesaler for any credit law violations or refused check and provides a thirty-day irrevocable notice of surrender to the commission prior to the termination of the license, the licensee shall be able to sell any unopened bottle inventory to any customer below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler so long as the price is not lower than ten percent (10%) of such purchase price. (B) A retail licensee selling a product in accordance with this section shall not subsequently purchase that product from the wholesaler prior to termination of the license. (C) A retail licensee unable to sell product in accordance with this subdivision (c)(4) shall be able to keep the remaining product for personal use. (d) (1) A manufacturer licensed under § 57-3-202 , or under chapter 2 of this title, is authorized to obtain a license under this section for the retail sale of alcoholic beverages or products containing alcohol subject to the further restrictions of this subsection (d). (2) A manufacturer seeking to obtain a retail license under this subsection (d) shall apply to the commission on such forms as the commission may prescribe. (3) A retail license issued under this subsection (d) may be located only on the licensed premises of the manufacturers and may be located on such premises whether or not such premises is located in a jurisdiction which has authorized retail sale of alcoholic beverages pursuant to § 57-3-106 . (4) A manufacturer licensed to sell at retail at its retail location under this subsection (d) may sell only such products as are manufactured on the manufacturer's premises; provided, that at such retail location no more than five gallons (5 gals.) or one-sixth (1/6) of a barrel of its products may be sold to any one (1) individual per visit to the premises. (5) Notwithstanding any other law to the contrary, a retail licensee, held by a manufacturer or distiller, may serve samples of the product manufactured or distilled at the premises to any person of legal drinking age without cost or may include such samples as part of a tour of the manufacturer's or distiller's premises available to the public with or without cost. Such samples may be made available at either the premises of the retailer or at such other location on the premises of the manufacturer or distiller holding such retail license which other location has been disclosed to the commission and may be any location on the premises permitted by federal law. (6) If the retail license under this subsection (d) is held by a manufacturer of high alcohol content beer authorized to manufacture such beverages, then: (A) Notwithstanding any other law, the retailer may sell its products at such retail location which are manufactured on the manufacturer's premises in accordance with subdivisions (d)(6)(B) and (C) in sizes and containers that are made available through the general wholesale/retail distribution system; provided, that subsection (e) related to the delivery of alcoholic beverages by wholesalers shall be applicable; (B) (i) Such retailer may also offer and sell beer, as beer is defined in § 57-5-101(b) , for consumption on or off-premises, at the same physical location at which it offers samples of and sells its high alcohol content beer; provided, that such beer and high alcohol content beer is brewed on the manufacturer's premises located at the retail location; and further provided, that such manufacturer may distribute such beer as defined in § 57-5-101(b) only to wholesalers licensed pursuant to chapter 5 of this title. A wholesaler of such products may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections; (ii) Notwithstanding any other law to the contrary, the hours and days on which such beer or high alcohol content beer may be sold at retail by a manufacturer authorized to manufacture such beverages pursuant to § 57-2-103(f) shall be as set by the governing body of the local jurisdiction in which the manufacturer is located, and such governing body shall further have the authority to authorize the sale of high alcohol content beer and beer within the same store notwithstanding § 57-3-404(e)(1) ; (C) Such retailer may sell no more than five gallons (5 gals.) or one-sixth (1/6) of a barrel of beer or high alcohol content beer or any combination of such beverages to any one (1) individual per visit to the premises. (e) (1) A manufacturer licensed under chapter 2 of this title, or this chapter 3, may distribute alcoholic beverages or products containing alcohol only to a wholesaler licensed pursuant to § 57-3-203 where such alcoholic beverages or products are intended for sale at retail in this state; provided, however, that, where such alcoholic beverages are not intended for resale, a manufacturer may make complimentary distributions as allowed by § 57-3-404 and on a periodic basis to its employee or employees in the normal course of employment and to others not licensed under this chapter for routine business or marketing purposes. A wholesaler may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections imposed pursuant to §§ 57-3-302 , 57-6-201 and 57-3-501 . (2) No wholesaler may restrict the sale of its products to a retail license held by a manufacturer but must make its products available to any retailer licensed under this section. (f) (1) Subsection (d) applies only in those jurisdictions where the voters have approved the sale of alcoholic beverages for off-premises consumption by referendum held pursuant to § 57-3-106 or where the voters have, by local option election, approved the issuance of such special retail license. A special local option election as authorized by this subsection (f), shall be conducted in the manner prescribed in § 57-3-106 ; provided, that the question submitted to the voters shall be in the following form: To permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction). Not to permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction). (2) In any county having within its boundaries a manufacturer, where the voters of municipalities located within such county have approved the sale of alcoholic beverages, pursuant to § 57-3-106 , and where the total population of such municipalities exceeds fifty percent (50%) of the population of the county, no such referendum shall be required; provided, that the authorized retail sales by a manufacturer where no referendum is required is not effective until January 1, 1995. (g) (1) A restaurant licensed by the commission pursuant to § 57-4-101(a)(1) may also own, or operate, a separate retail license issued under this section to permit off-premise consumption, if such entity satisfies the further conditions of either subdivision (g)(2) or (g)(3). (2) (A) Notwithstanding the restrictions of § 57-3-208 , a restaurant or its affiliate may own or operate a license issued pursuant to § 57-3-204 if: (i) The retail licensee is located within the same structure as the restaurant in a defined section or portion of the structure as approved by the commission; (ii) The retail package store and the restaurant are located in a structure constructed prior to 1925 that is placed on the national register of historic places; (iii) The structure within which such retail package store and restaurant are located shall not be closer than three hundred feet (300') nor more distant than three hundred fifty feet (350') from a federal interstate highway; (iv) The structure within which such retail package store and restaurant are located shall be no farther than one hundred feet (100') from a public park adjacent to a navigable waterway, and shall be no closer than five hundred feet (500') nor more distant than five hundred fifty feet (550') from a railway station providing commuter rail service that railway employs standard gauge locomotives and coaches; and (v) The structure within which such retail package store and restaurant are located shall be located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (B) Notwithstanding § 57-3-208 , the retail license issued pursuant to this subsection (g) to a restaurant or its affiliate shall be subject to the requirements of this title. It shall be the duty of the commission to verify that all persons owning or operating a retail license issued under this subdivision (g)(2) meet the qualifications to receive a license. (3) (A) Notwithstanding the requirements of § 57-3-208 , a restaurant, or its affiliate, may also own or operate a license issued pursuant to § 57-3-204 , if: (i) The location of the retail licensee is in the same structure as the restaurant; provided, the retail operations are conducted in a portion of the structure as identified to and approved by the commission; (ii) The structure within which the restaurant and the retail licensee are located is situated on: (a) A tract or tracts of land having at least twenty-four (24) contiguous acres; (b) Land adjacent to a federal interstate highway; and (c) Property no farther than two hundred fifty feet (250') from a commercial railroad tract, upon which tracts of land there is a residence constructed prior to 1860 and upon which tracts is located a historic stable and carriage house; (iii) The retail licensee is owned or authorized to be operated by an entity recognized as exempt from taxation under Internal Revenue Code Section 501(c)(3) ( 26 U.S.C. § 501(c)(3) ); and (iv) The retail licensee is located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (B) Notwithstanding § 57-3-208 , any retail license issued pursuant to this subdivision (g)(3) shall be subject to the requirements of this title. It shall be the duty of the commission to verify that the entity owning or operating the retail license meets the qualifications of this subdivision (g)(3) and that all of the owners or operators authorized by the nonprofit entity to operate the license otherwise qualify under this title. (h) (1) Notwithstanding this section or § 57-3-208 , a terminal building of a commercial air carrier airport that is a member of the Tennessee Association of Air Carrier Airports may obtain a retail license under this section authorizing the licensee to sell alcoholic beverages at retail in accordance with this subsection (h). (2) A retail license issued under subdivision (h)(1) authorizes a terminal building of a commercial air carrier airport to operate one (1) or more noncontiguous retail stores located within the area of the terminal building secured by the transportation security administration or its successor organization. (3) A retail store licensed under this subsection (h): (A) May sell alcoholic beverages that: (i) Are manufactured within this state; (ii) Are packaged in tamper-resistant sealed packages; and (iii) Indicate on the packaging that the customer is prohibited from consuming the alcoholic beverage until the customer reaches the customer's final destination; (B) Notwithstanding § 57-3-406(e) and (h) , may sell alcoholic beverages on any day and during any hours during which the terminal building of a commercial air carrier airport is authorized to sell alcoholic beverages for on-premises consumption; (C) May store inventory at one (1) or more secure locations other than the premises of the retail store that are located within the terminal building; (D) May transfer and transport inventory to and from storage locations; and (E) Shall not conduct consumer educational seminars or authorize its employees or agents to receive complimentary samples at a sales demonstration under § 57-3-404(h) . (4) Subsection (a) and subdivisions (b)(1), (2), (3)(A), and (3)(C) shall apply to retail stores licensed under this subsection (h). (5) The commission shall verify that a terminal building of a commercial air carrier airport meets all qualifications for licensure under this subsection (h) prior to issuing a license. (6) As used in this subsection (h), unless the context otherwise requires, "terminal building of a commercial air carrier airport" has the same meaning as defined in § 57-4-102 . Amended by 2021 Tenn. Acts, ch. 59, Secs.s 1, s 2, s 3, s 4, s 5 eff. 3/29/2021. Amended by 2018 Tenn. Acts, ch. 783, Secs.s 5, s 7, s 8, s 9, s 10 eff. 4/20/2018. Amended by 2016 Tenn. Acts, ch. 1068, s 1, eff. 5/20/2016. Amended by 2015 Tenn. Acts, ch. 428, s 1, eff. 5/15/2015. Amended by 2014 Tenn. Acts, ch. 554, s 15, eff. 7/1/2014. Acts 1939, ch. 49, § 8; 1945, ch. 167, § 5; 1949, ch. 284, §§ 4, 5; C. Supp. 1950, § 6648.13 (Williams, § 6648.11); impl. am. Acts 1963, ch. 251, § 20; Acts 1972, ch. 656, § 1; 1976, ch. 505, §§ 1, 2; 1977, ch. 461, § 1; T.C.A. (orig. ed.), § 57-117; Acts 1980, ch. 771, § 2; 1981, ch. 156, §§ 1, 2; 1984, ch. 746, § 1; 1988, ch. 836, § 1; 1990, ch. 794, §§ 1, 2; 1993, ch. 368, §§ 1, 2; 1995, ch. 214, § 1; 1995, ch. 396, §§ 4, 5; 1996, ch. 925, § 1; 1997 , ch. 543, §§ 1-3; 2004, ch. 876, § 3; 2009 , ch. 395, § 3; 2010 , ch. 788, §§ 1, 2; 2010 , ch. 1009, § 5; 2011 , ch. 448, §§ 13, 15, 16; 2012 , ch. 947, § 3.
(a) For the retail sale of alcoholic spirituous beverages, including beer and malt beverages, as in this chapter defined, a license may be issued as herein provided. Any person, firm, or corporation desiring to sell alcoholic spirituous beverages, including beer and malt beverages, to patrons or customers, in sealed packages only, and not for consumption on the premises except for conducting tastings pursuant to § 57-3-404(h)(2) , shall make application to the commission for a retailer's license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission may, subject to the restrictions of this chapter, issue such retailer's license. If the premises with respect to which the license is sought is owned by a person, firm or corporation not the applicant, the application shall include the name and address of the owner. If the ownership of the premises should change after a license is granted, the licensee shall, within ten (10) days after becoming aware of such change in ownership, notify the commission in writing of the name and address of the new owner.
(b) (1) Each applicant for a retail license shall pay to the commission a one-time, nonrefundable fee in the amount of three hundred dollars ($300) when the application is submitted for review. A retailer's license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of eight hundred fifty dollars ($850). (2) No retail license under this section may be issued to any individual: (A) Who has been convicted of a felony under the laws of this state, any other state or the United States; (B) Who has had a license related to the manufacture, sale or distribution of any form of alcoholic beverages revoked for cause; (C) Who is not twenty-one (21) years of age or older; (D) Who has an interest, whether direct or indirect, in a manufacturer, distiller, rectifier, liquor wholesaler, winery, distributor, retail food store or farm winery selling alcoholic beverages that is licensed in this state, except that the spouse of an applicant for a retail license may own and hold a farm wine permit if the spouse does not hold a retailer's license issued under this section; (E) Who, other than as a member of the governing body of a city or county, appoints or supervises any law enforcement officer, who is a law enforcement official or who is an employee of the commission; (F) Who intends to carry on the business authorized by the license as the agent or on behalf of another; (G) Who at the time of the time of application for renewal of any license issued under this section would not be eligible for the license upon a first application; (H) Who is the holder of a valid existing license issued for the sale of wine in a retail food store under § 57-3-803 , and amendments thereto; (I) Who does not own the premises for which a license is sought, or does not, at the time of application, have a written and enforceable lease thereon; (J) Whose spouse would be ineligible to receive a license under this section for any reason other than citizenship or age, except that this subdivision (b)(2)(J) shall not apply in determining eligibility for a renewal license; and (K) Whose spouse has been convicted of a felony or other crime that would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this section. (3) The commission may issue a retail license to a corporation; provided, that no such license may be issued to, transferred to, or maintained by a corporation if: (A) An officer, director, or stockholder owning capital stock in the corporation would be ineligible to receive a retailer's license for a reason specified in subdivision (b)(2), if application for such retail license had been made by the officer, director, or stockholder in their individual capacity; or (B) A person owning stock in such corporation has an interest as partner or otherwise, either direct or indirect, in a business licensed to engage in the distribution of liquor, spirits, wine, or high alcohol content beer in this state.
(1) Each applicant for a retail license shall pay to the commission a one-time, nonrefundable fee in the amount of three hundred dollars ($300) when the application is submitted for review. A retailer's license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of eight hundred fifty dollars ($850).
(2) No retail license under this section may be issued to any individual: (A) Who has been convicted of a felony under the laws of this state, any other state or the United States; (B) Who has had a license related to the manufacture, sale or distribution of any form of alcoholic beverages revoked for cause; (C) Who is not twenty-one (21) years of age or older; (D) Who has an interest, whether direct or indirect, in a manufacturer, distiller, rectifier, liquor wholesaler, winery, distributor, retail food store or farm winery selling alcoholic beverages that is licensed in this state, except that the spouse of an applicant for a retail license may own and hold a farm wine permit if the spouse does not hold a retailer's license issued under this section; (E) Who, other than as a member of the governing body of a city or county, appoints or supervises any law enforcement officer, who is a law enforcement official or who is an employee of the commission; (F) Who intends to carry on the business authorized by the license as the agent or on behalf of another; (G) Who at the time of the time of application for renewal of any license issued under this section would not be eligible for the license upon a first application; (H) Who is the holder of a valid existing license issued for the sale of wine in a retail food store under § 57-3-803 , and amendments thereto; (I) Who does not own the premises for which a license is sought, or does not, at the time of application, have a written and enforceable lease thereon; (J) Whose spouse would be ineligible to receive a license under this section for any reason other than citizenship or age, except that this subdivision (b)(2)(J) shall not apply in determining eligibility for a renewal license; and (K) Whose spouse has been convicted of a felony or other crime that would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this section.
(A) Who has been convicted of a felony under the laws of this state, any other state or the United States;
(B) Who has had a license related to the manufacture, sale or distribution of any form of alcoholic beverages revoked for cause;
(C) Who is not twenty-one (21) years of age or older;
(D) Who has an interest, whether direct or indirect, in a manufacturer, distiller, rectifier, liquor wholesaler, winery, distributor, retail food store or farm winery selling alcoholic beverages that is licensed in this state, except that the spouse of an applicant for a retail license may own and hold a farm wine permit if the spouse does not hold a retailer's license issued under this section;
(E) Who, other than as a member of the governing body of a city or county, appoints or supervises any law enforcement officer, who is a law enforcement official or who is an employee of the commission;
(F) Who intends to carry on the business authorized by the license as the agent or on behalf of another;
(G) Who at the time of the time of application for renewal of any license issued under this section would not be eligible for the license upon a first application;
(H) Who is the holder of a valid existing license issued for the sale of wine in a retail food store under § 57-3-803 , and amendments thereto;
(I) Who does not own the premises for which a license is sought, or does not, at the time of application, have a written and enforceable lease thereon;
(J) Whose spouse would be ineligible to receive a license under this section for any reason other than citizenship or age, except that this subdivision (b)(2)(J) shall not apply in determining eligibility for a renewal license; and
(K) Whose spouse has been convicted of a felony or other crime that would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this section.
(3) The commission may issue a retail license to a corporation; provided, that no such license may be issued to, transferred to, or maintained by a corporation if: (A) An officer, director, or stockholder owning capital stock in the corporation would be ineligible to receive a retailer's license for a reason specified in subdivision (b)(2), if application for such retail license had been made by the officer, director, or stockholder in their individual capacity; or (B) A person owning stock in such corporation has an interest as partner or otherwise, either direct or indirect, in a business licensed to engage in the distribution of liquor, spirits, wine, or high alcohol content beer in this state.
(A) An officer, director, or stockholder owning capital stock in the corporation would be ineligible to receive a retailer's license for a reason specified in subdivision (b)(2), if application for such retail license had been made by the officer, director, or stockholder in their individual capacity; or
(B) A person owning stock in such corporation has an interest as partner or otherwise, either direct or indirect, in a business licensed to engage in the distribution of liquor, spirits, wine, or high alcohol content beer in this state.
(c) (1) If a retail licensee ceases to do business through the voluntary or involuntary loss of the licensee's license, or if a person not licensed under this chapter obtains title to alcoholic beverages of a retail licensee as a result of a defaulted loan or execution, the wholesaler who sold the alcoholic beverages to the retailer shall purchase such alcoholic beverages from the retailer at a base price of the wholesalers' laid-in cost of such alcoholic beverage. A wholesaler shall be permitted an offset or charge against such payment for any outstanding obligation owed to the wholesaler by such licensee or for reasonable labor, restocking and transportation charges. (2) Any licensee objecting to the reasonableness of the offset or charge may petition the commission to review such, and shall designate the wholesaler as a respondent. The commission shall conduct a contested case hearing pursuant to the Uniform Administrative Procedure Act, compiled in title 4, chapter 5, part 3, to consider the objection. (3) The obligation imposed on a wholesaler under this section does not apply to any product which: (A) Is damaged or cannot be legally sold in this state; (B) Is not sold to a retailer within one hundred eighty (180) days of demand for repayment; (C) The wholesaler from whom the product was purchased is not the designated distributor pursuant to § 57-3-301 , at the time demand is made; (D) Product contains a price tag not readily removable; or (E) Is sold in a commemorative bottle, seasonal decanter or other novelty container. (4) (A) Notwithstanding § 57-3-406(b) , if a retail licensee is not in debt to a wholesaler for any credit law violations or refused check and provides a thirty-day irrevocable notice of surrender to the commission prior to the termination of the license, the licensee shall be able to sell any unopened bottle inventory to any customer below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler so long as the price is not lower than ten percent (10%) of such purchase price. (B) A retail licensee selling a product in accordance with this section shall not subsequently purchase that product from the wholesaler prior to termination of the license. (C) A retail licensee unable to sell product in accordance with this subdivision (c)(4) shall be able to keep the remaining product for personal use.
(1) If a retail licensee ceases to do business through the voluntary or involuntary loss of the licensee's license, or if a person not licensed under this chapter obtains title to alcoholic beverages of a retail licensee as a result of a defaulted loan or execution, the wholesaler who sold the alcoholic beverages to the retailer shall purchase such alcoholic beverages from the retailer at a base price of the wholesalers' laid-in cost of such alcoholic beverage. A wholesaler shall be permitted an offset or charge against such payment for any outstanding obligation owed to the wholesaler by such licensee or for reasonable labor, restocking and transportation charges.
(2) Any licensee objecting to the reasonableness of the offset or charge may petition the commission to review such, and shall designate the wholesaler as a respondent. The commission shall conduct a contested case hearing pursuant to the Uniform Administrative Procedure Act, compiled in title 4, chapter 5, part 3, to consider the objection.
(3) The obligation imposed on a wholesaler under this section does not apply to any product which: (A) Is damaged or cannot be legally sold in this state; (B) Is not sold to a retailer within one hundred eighty (180) days of demand for repayment; (C) The wholesaler from whom the product was purchased is not the designated distributor pursuant to § 57-3-301 , at the time demand is made; (D) Product contains a price tag not readily removable; or (E) Is sold in a commemorative bottle, seasonal decanter or other novelty container.
(A) Is damaged or cannot be legally sold in this state;
(B) Is not sold to a retailer within one hundred eighty (180) days of demand for repayment;
(C) The wholesaler from whom the product was purchased is not the designated distributor pursuant to § 57-3-301 , at the time demand is made;
(D) Product contains a price tag not readily removable; or
(E) Is sold in a commemorative bottle, seasonal decanter or other novelty container.
(4) (A) Notwithstanding § 57-3-406(b) , if a retail licensee is not in debt to a wholesaler for any credit law violations or refused check and provides a thirty-day irrevocable notice of surrender to the commission prior to the termination of the license, the licensee shall be able to sell any unopened bottle inventory to any customer below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler so long as the price is not lower than ten percent (10%) of such purchase price. (B) A retail licensee selling a product in accordance with this section shall not subsequently purchase that product from the wholesaler prior to termination of the license. (C) A retail licensee unable to sell product in accordance with this subdivision (c)(4) shall be able to keep the remaining product for personal use.
(A) Notwithstanding § 57-3-406(b) , if a retail licensee is not in debt to a wholesaler for any credit law violations or refused check and provides a thirty-day irrevocable notice of surrender to the commission prior to the termination of the license, the licensee shall be able to sell any unopened bottle inventory to any customer below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler so long as the price is not lower than ten percent (10%) of such purchase price.
(B) A retail licensee selling a product in accordance with this section shall not subsequently purchase that product from the wholesaler prior to termination of the license.
(C) A retail licensee unable to sell product in accordance with this subdivision (c)(4) shall be able to keep the remaining product for personal use.
(d) (1) A manufacturer licensed under § 57-3-202 , or under chapter 2 of this title, is authorized to obtain a license under this section for the retail sale of alcoholic beverages or products containing alcohol subject to the further restrictions of this subsection (d). (2) A manufacturer seeking to obtain a retail license under this subsection (d) shall apply to the commission on such forms as the commission may prescribe. (3) A retail license issued under this subsection (d) may be located only on the licensed premises of the manufacturers and may be located on such premises whether or not such premises is located in a jurisdiction which has authorized retail sale of alcoholic beverages pursuant to § 57-3-106 . (4) A manufacturer licensed to sell at retail at its retail location under this subsection (d) may sell only such products as are manufactured on the manufacturer's premises; provided, that at such retail location no more than five gallons (5 gals.) or one-sixth (1/6) of a barrel of its products may be sold to any one (1) individual per visit to the premises. (5) Notwithstanding any other law to the contrary, a retail licensee, held by a manufacturer or distiller, may serve samples of the product manufactured or distilled at the premises to any person of legal drinking age without cost or may include such samples as part of a tour of the manufacturer's or distiller's premises available to the public with or without cost. Such samples may be made available at either the premises of the retailer or at such other location on the premises of the manufacturer or distiller holding such retail license which other location has been disclosed to the commission and may be any location on the premises permitted by federal law. (6) If the retail license under this subsection (d) is held by a manufacturer of high alcohol content beer authorized to manufacture such beverages, then: (A) Notwithstanding any other law, the retailer may sell its products at such retail location which are manufactured on the manufacturer's premises in accordance with subdivisions (d)(6)(B) and (C) in sizes and containers that are made available through the general wholesale/retail distribution system; provided, that subsection (e) related to the delivery of alcoholic beverages by wholesalers shall be applicable; (B) (i) Such retailer may also offer and sell beer, as beer is defined in § 57-5-101(b) , for consumption on or off-premises, at the same physical location at which it offers samples of and sells its high alcohol content beer; provided, that such beer and high alcohol content beer is brewed on the manufacturer's premises located at the retail location; and further provided, that such manufacturer may distribute such beer as defined in § 57-5-101(b) only to wholesalers licensed pursuant to chapter 5 of this title. A wholesaler of such products may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections; (ii) Notwithstanding any other law to the contrary, the hours and days on which such beer or high alcohol content beer may be sold at retail by a manufacturer authorized to manufacture such beverages pursuant to § 57-2-103(f) shall be as set by the governing body of the local jurisdiction in which the manufacturer is located, and such governing body shall further have the authority to authorize the sale of high alcohol content beer and beer within the same store notwithstanding § 57-3-404(e)(1) ; (C) Such retailer may sell no more than five gallons (5 gals.) or one-sixth (1/6) of a barrel of beer or high alcohol content beer or any combination of such beverages to any one (1) individual per visit to the premises.
(1) A manufacturer licensed under § 57-3-202 , or under chapter 2 of this title, is authorized to obtain a license under this section for the retail sale of alcoholic beverages or products containing alcohol subject to the further restrictions of this subsection (d).
(2) A manufacturer seeking to obtain a retail license under this subsection (d) shall apply to the commission on such forms as the commission may prescribe.
(3) A retail license issued under this subsection (d) may be located only on the licensed premises of the manufacturers and may be located on such premises whether or not such premises is located in a jurisdiction which has authorized retail sale of alcoholic beverages pursuant to § 57-3-106 .
(4) A manufacturer licensed to sell at retail at its retail location under this subsection (d) may sell only such products as are manufactured on the manufacturer's premises; provided, that at such retail location no more than five gallons (5 gals.) or one-sixth (1/6) of a barrel of its products may be sold to any one (1) individual per visit to the premises.
(5) Notwithstanding any other law to the contrary, a retail licensee, held by a manufacturer or distiller, may serve samples of the product manufactured or distilled at the premises to any person of legal drinking age without cost or may include such samples as part of a tour of the manufacturer's or distiller's premises available to the public with or without cost. Such samples may be made available at either the premises of the retailer or at such other location on the premises of the manufacturer or distiller holding such retail license which other location has been disclosed to the commission and may be any location on the premises permitted by federal law.
(6) If the retail license under this subsection (d) is held by a manufacturer of high alcohol content beer authorized to manufacture such beverages, then: (A) Notwithstanding any other law, the retailer may sell its products at such retail location which are manufactured on the manufacturer's premises in accordance with subdivisions (d)(6)(B) and (C) in sizes and containers that are made available through the general wholesale/retail distribution system; provided, that subsection (e) related to the delivery of alcoholic beverages by wholesalers shall be applicable; (B) (i) Such retailer may also offer and sell beer, as beer is defined in § 57-5-101(b) , for consumption on or off-premises, at the same physical location at which it offers samples of and sells its high alcohol content beer; provided, that such beer and high alcohol content beer is brewed on the manufacturer's premises located at the retail location; and further provided, that such manufacturer may distribute such beer as defined in § 57-5-101(b) only to wholesalers licensed pursuant to chapter 5 of this title. A wholesaler of such products may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections; (ii) Notwithstanding any other law to the contrary, the hours and days on which such beer or high alcohol content beer may be sold at retail by a manufacturer authorized to manufacture such beverages pursuant to § 57-2-103(f) shall be as set by the governing body of the local jurisdiction in which the manufacturer is located, and such governing body shall further have the authority to authorize the sale of high alcohol content beer and beer within the same store notwithstanding § 57-3-404(e)(1) ; (C) Such retailer may sell no more than five gallons (5 gals.) or one-sixth (1/6) of a barrel of beer or high alcohol content beer or any combination of such beverages to any one (1) individual per visit to the premises.
(A) Notwithstanding any other law, the retailer may sell its products at such retail location which are manufactured on the manufacturer's premises in accordance with subdivisions (d)(6)(B) and (C) in sizes and containers that are made available through the general wholesale/retail distribution system; provided, that subsection (e) related to the delivery of alcoholic beverages by wholesalers shall be applicable;
(B) (i) Such retailer may also offer and sell beer, as beer is defined in § 57-5-101(b) , for consumption on or off-premises, at the same physical location at which it offers samples of and sells its high alcohol content beer; provided, that such beer and high alcohol content beer is brewed on the manufacturer's premises located at the retail location; and further provided, that such manufacturer may distribute such beer as defined in § 57-5-101(b) only to wholesalers licensed pursuant to chapter 5 of this title. A wholesaler of such products may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections; (ii) Notwithstanding any other law to the contrary, the hours and days on which such beer or high alcohol content beer may be sold at retail by a manufacturer authorized to manufacture such beverages pursuant to § 57-2-103(f) shall be as set by the governing body of the local jurisdiction in which the manufacturer is located, and such governing body shall further have the authority to authorize the sale of high alcohol content beer and beer within the same store notwithstanding § 57-3-404(e)(1) ;
(i) Such retailer may also offer and sell beer, as beer is defined in § 57-5-101(b) , for consumption on or off-premises, at the same physical location at which it offers samples of and sells its high alcohol content beer; provided, that such beer and high alcohol content beer is brewed on the manufacturer's premises located at the retail location; and further provided, that such manufacturer may distribute such beer as defined in § 57-5-101(b) only to wholesalers licensed pursuant to chapter 5 of this title. A wholesaler of such products may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections;
(ii) Notwithstanding any other law to the contrary, the hours and days on which such beer or high alcohol content beer may be sold at retail by a manufacturer authorized to manufacture such beverages pursuant to § 57-2-103(f) shall be as set by the governing body of the local jurisdiction in which the manufacturer is located, and such governing body shall further have the authority to authorize the sale of high alcohol content beer and beer within the same store notwithstanding § 57-3-404(e)(1) ;
(C) Such retailer may sell no more than five gallons (5 gals.) or one-sixth (1/6) of a barrel of beer or high alcohol content beer or any combination of such beverages to any one (1) individual per visit to the premises.
(e) (1) A manufacturer licensed under chapter 2 of this title, or this chapter 3, may distribute alcoholic beverages or products containing alcohol only to a wholesaler licensed pursuant to § 57-3-203 where such alcoholic beverages or products are intended for sale at retail in this state; provided, however, that, where such alcoholic beverages are not intended for resale, a manufacturer may make complimentary distributions as allowed by § 57-3-404 and on a periodic basis to its employee or employees in the normal course of employment and to others not licensed under this chapter for routine business or marketing purposes. A wholesaler may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections imposed pursuant to §§ 57-3-302 , 57-6-201 and 57-3-501 . (2) No wholesaler may restrict the sale of its products to a retail license held by a manufacturer but must make its products available to any retailer licensed under this section.
(1) A manufacturer licensed under chapter 2 of this title, or this chapter 3, may distribute alcoholic beverages or products containing alcohol only to a wholesaler licensed pursuant to § 57-3-203 where such alcoholic beverages or products are intended for sale at retail in this state; provided, however, that, where such alcoholic beverages are not intended for resale, a manufacturer may make complimentary distributions as allowed by § 57-3-404 and on a periodic basis to its employee or employees in the normal course of employment and to others not licensed under this chapter for routine business or marketing purposes. A wholesaler may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections imposed pursuant to §§ 57-3-302 , 57-6-201 and 57-3-501 .
(2) No wholesaler may restrict the sale of its products to a retail license held by a manufacturer but must make its products available to any retailer licensed under this section.
(f) (1) Subsection (d) applies only in those jurisdictions where the voters have approved the sale of alcoholic beverages for off-premises consumption by referendum held pursuant to § 57-3-106 or where the voters have, by local option election, approved the issuance of such special retail license. A special local option election as authorized by this subsection (f), shall be conducted in the manner prescribed in § 57-3-106 ; provided, that the question submitted to the voters shall be in the following form: To permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction). Not to permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction). (2) In any county having within its boundaries a manufacturer, where the voters of municipalities located within such county have approved the sale of alcoholic beverages, pursuant to § 57-3-106 , and where the total population of such municipalities exceeds fifty percent (50%) of the population of the county, no such referendum shall be required; provided, that the authorized retail sales by a manufacturer where no referendum is required is not effective until January 1, 1995.
(1) Subsection (d) applies only in those jurisdictions where the voters have approved the sale of alcoholic beverages for off-premises consumption by referendum held pursuant to § 57-3-106 or where the voters have, by local option election, approved the issuance of such special retail license. A special local option election as authorized by this subsection (f), shall be conducted in the manner prescribed in § 57-3-106 ; provided, that the question submitted to the voters shall be in the following form: To permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction). Not to permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction).
To permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction).
Not to permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in ______________ (here insert jurisdiction).
(2) In any county having within its boundaries a manufacturer, where the voters of municipalities located within such county have approved the sale of alcoholic beverages, pursuant to § 57-3-106 , and where the total population of such municipalities exceeds fifty percent (50%) of the population of the county, no such referendum shall be required; provided, that the authorized retail sales by a manufacturer where no referendum is required is not effective until January 1, 1995.
(g) (1) A restaurant licensed by the commission pursuant to § 57-4-101(a)(1) may also own, or operate, a separate retail license issued under this section to permit off-premise consumption, if such entity satisfies the further conditions of either subdivision (g)(2) or (g)(3). (2) (A) Notwithstanding the restrictions of § 57-3-208 , a restaurant or its affiliate may own or operate a license issued pursuant to § 57-3-204 if: (i) The retail licensee is located within the same structure as the restaurant in a defined section or portion of the structure as approved by the commission; (ii) The retail package store and the restaurant are located in a structure constructed prior to 1925 that is placed on the national register of historic places; (iii) The structure within which such retail package store and restaurant are located shall not be closer than three hundred feet (300') nor more distant than three hundred fifty feet (350') from a federal interstate highway; (iv) The structure within which such retail package store and restaurant are located shall be no farther than one hundred feet (100') from a public park adjacent to a navigable waterway, and shall be no closer than five hundred feet (500') nor more distant than five hundred fifty feet (550') from a railway station providing commuter rail service that railway employs standard gauge locomotives and coaches; and (v) The structure within which such retail package store and restaurant are located shall be located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (B) Notwithstanding § 57-3-208 , the retail license issued pursuant to this subsection (g) to a restaurant or its affiliate shall be subject to the requirements of this title. It shall be the duty of the commission to verify that all persons owning or operating a retail license issued under this subdivision (g)(2) meet the qualifications to receive a license. (3) (A) Notwithstanding the requirements of § 57-3-208 , a restaurant, or its affiliate, may also own or operate a license issued pursuant to § 57-3-204 , if: (i) The location of the retail licensee is in the same structure as the restaurant; provided, the retail operations are conducted in a portion of the structure as identified to and approved by the commission; (ii) The structure within which the restaurant and the retail licensee are located is situated on: (a) A tract or tracts of land having at least twenty-four (24) contiguous acres; (b) Land adjacent to a federal interstate highway; and (c) Property no farther than two hundred fifty feet (250') from a commercial railroad tract, upon which tracts of land there is a residence constructed prior to 1860 and upon which tracts is located a historic stable and carriage house; (iii) The retail licensee is owned or authorized to be operated by an entity recognized as exempt from taxation under Internal Revenue Code Section 501(c)(3) ( 26 U.S.C. § 501(c)(3) ); and (iv) The retail licensee is located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (B) Notwithstanding § 57-3-208 , any retail license issued pursuant to this subdivision (g)(3) shall be subject to the requirements of this title. It shall be the duty of the commission to verify that the entity owning or operating the retail license meets the qualifications of this subdivision (g)(3) and that all of the owners or operators authorized by the nonprofit entity to operate the license otherwise qualify under this title.
(1) A restaurant licensed by the commission pursuant to § 57-4-101(a)(1) may also own, or operate, a separate retail license issued under this section to permit off-premise consumption, if such entity satisfies the further conditions of either subdivision (g)(2) or (g)(3).
(2) (A) Notwithstanding the restrictions of § 57-3-208 , a restaurant or its affiliate may own or operate a license issued pursuant to § 57-3-204 if: (i) The retail licensee is located within the same structure as the restaurant in a defined section or portion of the structure as approved by the commission; (ii) The retail package store and the restaurant are located in a structure constructed prior to 1925 that is placed on the national register of historic places; (iii) The structure within which such retail package store and restaurant are located shall not be closer than three hundred feet (300') nor more distant than three hundred fifty feet (350') from a federal interstate highway; (iv) The structure within which such retail package store and restaurant are located shall be no farther than one hundred feet (100') from a public park adjacent to a navigable waterway, and shall be no closer than five hundred feet (500') nor more distant than five hundred fifty feet (550') from a railway station providing commuter rail service that railway employs standard gauge locomotives and coaches; and (v) The structure within which such retail package store and restaurant are located shall be located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (B) Notwithstanding § 57-3-208 , the retail license issued pursuant to this subsection (g) to a restaurant or its affiliate shall be subject to the requirements of this title. It shall be the duty of the commission to verify that all persons owning or operating a retail license issued under this subdivision (g)(2) meet the qualifications to receive a license.
(A) Notwithstanding the restrictions of § 57-3-208 , a restaurant or its affiliate may own or operate a license issued pursuant to § 57-3-204 if: (i) The retail licensee is located within the same structure as the restaurant in a defined section or portion of the structure as approved by the commission; (ii) The retail package store and the restaurant are located in a structure constructed prior to 1925 that is placed on the national register of historic places; (iii) The structure within which such retail package store and restaurant are located shall not be closer than three hundred feet (300') nor more distant than three hundred fifty feet (350') from a federal interstate highway; (iv) The structure within which such retail package store and restaurant are located shall be no farther than one hundred feet (100') from a public park adjacent to a navigable waterway, and shall be no closer than five hundred feet (500') nor more distant than five hundred fifty feet (550') from a railway station providing commuter rail service that railway employs standard gauge locomotives and coaches; and (v) The structure within which such retail package store and restaurant are located shall be located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(i) The retail licensee is located within the same structure as the restaurant in a defined section or portion of the structure as approved by the commission;
(ii) The retail package store and the restaurant are located in a structure constructed prior to 1925 that is placed on the national register of historic places;
(iii) The structure within which such retail package store and restaurant are located shall not be closer than three hundred feet (300') nor more distant than three hundred fifty feet (350') from a federal interstate highway;
(iv) The structure within which such retail package store and restaurant are located shall be no farther than one hundred feet (100') from a public park adjacent to a navigable waterway, and shall be no closer than five hundred feet (500') nor more distant than five hundred fifty feet (550') from a railway station providing commuter rail service that railway employs standard gauge locomotives and coaches; and
(v) The structure within which such retail package store and restaurant are located shall be located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(B) Notwithstanding § 57-3-208 , the retail license issued pursuant to this subsection (g) to a restaurant or its affiliate shall be subject to the requirements of this title. It shall be the duty of the commission to verify that all persons owning or operating a retail license issued under this subdivision (g)(2) meet the qualifications to receive a license.
(3) (A) Notwithstanding the requirements of § 57-3-208 , a restaurant, or its affiliate, may also own or operate a license issued pursuant to § 57-3-204 , if: (i) The location of the retail licensee is in the same structure as the restaurant; provided, the retail operations are conducted in a portion of the structure as identified to and approved by the commission; (ii) The structure within which the restaurant and the retail licensee are located is situated on: (a) A tract or tracts of land having at least twenty-four (24) contiguous acres; (b) Land adjacent to a federal interstate highway; and (c) Property no farther than two hundred fifty feet (250') from a commercial railroad tract, upon which tracts of land there is a residence constructed prior to 1860 and upon which tracts is located a historic stable and carriage house; (iii) The retail licensee is owned or authorized to be operated by an entity recognized as exempt from taxation under Internal Revenue Code Section 501(c)(3) ( 26 U.S.C. § 501(c)(3) ); and (iv) The retail licensee is located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (B) Notwithstanding § 57-3-208 , any retail license issued pursuant to this subdivision (g)(3) shall be subject to the requirements of this title. It shall be the duty of the commission to verify that the entity owning or operating the retail license meets the qualifications of this subdivision (g)(3) and that all of the owners or operators authorized by the nonprofit entity to operate the license otherwise qualify under this title.
(A) Notwithstanding the requirements of § 57-3-208 , a restaurant, or its affiliate, may also own or operate a license issued pursuant to § 57-3-204 , if: (i) The location of the retail licensee is in the same structure as the restaurant; provided, the retail operations are conducted in a portion of the structure as identified to and approved by the commission; (ii) The structure within which the restaurant and the retail licensee are located is situated on: (a) A tract or tracts of land having at least twenty-four (24) contiguous acres; (b) Land adjacent to a federal interstate highway; and (c) Property no farther than two hundred fifty feet (250') from a commercial railroad tract, upon which tracts of land there is a residence constructed prior to 1860 and upon which tracts is located a historic stable and carriage house; (iii) The retail licensee is owned or authorized to be operated by an entity recognized as exempt from taxation under Internal Revenue Code Section 501(c)(3) ( 26 U.S.C. § 501(c)(3) ); and (iv) The retail licensee is located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(i) The location of the retail licensee is in the same structure as the restaurant; provided, the retail operations are conducted in a portion of the structure as identified to and approved by the commission;
(ii) The structure within which the restaurant and the retail licensee are located is situated on: (a) A tract or tracts of land having at least twenty-four (24) contiguous acres; (b) Land adjacent to a federal interstate highway; and (c) Property no farther than two hundred fifty feet (250') from a commercial railroad tract, upon which tracts of land there is a residence constructed prior to 1860 and upon which tracts is located a historic stable and carriage house;
(a) A tract or tracts of land having at least twenty-four (24) contiguous acres;
(b) Land adjacent to a federal interstate highway; and
(c) Property no farther than two hundred fifty feet (250') from a commercial railroad tract, upon which tracts of land there is a residence constructed prior to 1860 and upon which tracts is located a historic stable and carriage house;
(iii) The retail licensee is owned or authorized to be operated by an entity recognized as exempt from taxation under Internal Revenue Code Section 501(c)(3) ( 26 U.S.C. § 501(c)(3) ); and
(iv) The retail licensee is located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(B) Notwithstanding § 57-3-208 , any retail license issued pursuant to this subdivision (g)(3) shall be subject to the requirements of this title. It shall be the duty of the commission to verify that the entity owning or operating the retail license meets the qualifications of this subdivision (g)(3) and that all of the owners or operators authorized by the nonprofit entity to operate the license otherwise qualify under this title.
(h) (1) Notwithstanding this section or § 57-3-208 , a terminal building of a commercial air carrier airport that is a member of the Tennessee Association of Air Carrier Airports may obtain a retail license under this section authorizing the licensee to sell alcoholic beverages at retail in accordance with this subsection (h). (2) A retail license issued under subdivision (h)(1) authorizes a terminal building of a commercial air carrier airport to operate one (1) or more noncontiguous retail stores located within the area of the terminal building secured by the transportation security administration or its successor organization. (3) A retail store licensed under this subsection (h): (A) May sell alcoholic beverages that: (i) Are manufactured within this state; (ii) Are packaged in tamper-resistant sealed packages; and (iii) Indicate on the packaging that the customer is prohibited from consuming the alcoholic beverage until the customer reaches the customer's final destination; (B) Notwithstanding § 57-3-406(e) and (h) , may sell alcoholic beverages on any day and during any hours during which the terminal building of a commercial air carrier airport is authorized to sell alcoholic beverages for on-premises consumption; (C) May store inventory at one (1) or more secure locations other than the premises of the retail store that are located within the terminal building; (D) May transfer and transport inventory to and from storage locations; and (E) Shall not conduct consumer educational seminars or authorize its employees or agents to receive complimentary samples at a sales demonstration under § 57-3-404(h) . (4) Subsection (a) and subdivisions (b)(1), (2), (3)(A), and (3)(C) shall apply to retail stores licensed under this subsection (h). (5) The commission shall verify that a terminal building of a commercial air carrier airport meets all qualifications for licensure under this subsection (h) prior to issuing a license. (6) As used in this subsection (h), unless the context otherwise requires, "terminal building of a commercial air carrier airport" has the same meaning as defined in § 57-4-102 .
(1) Notwithstanding this section or § 57-3-208 , a terminal building of a commercial air carrier airport that is a member of the Tennessee Association of Air Carrier Airports may obtain a retail license under this section authorizing the licensee to sell alcoholic beverages at retail in accordance with this subsection (h).
(2) A retail license issued under subdivision (h)(1) authorizes a terminal building of a commercial air carrier airport to operate one (1) or more noncontiguous retail stores located within the area of the terminal building secured by the transportation security administration or its successor organization.
(3) A retail store licensed under this subsection (h): (A) May sell alcoholic beverages that: (i) Are manufactured within this state; (ii) Are packaged in tamper-resistant sealed packages; and (iii) Indicate on the packaging that the customer is prohibited from consuming the alcoholic beverage until the customer reaches the customer's final destination; (B) Notwithstanding § 57-3-406(e) and (h) , may sell alcoholic beverages on any day and during any hours during which the terminal building of a commercial air carrier airport is authorized to sell alcoholic beverages for on-premises consumption; (C) May store inventory at one (1) or more secure locations other than the premises of the retail store that are located within the terminal building; (D) May transfer and transport inventory to and from storage locations; and (E) Shall not conduct consumer educational seminars or authorize its employees or agents to receive complimentary samples at a sales demonstration under § 57-3-404(h) .
(A) May sell alcoholic beverages that: (i) Are manufactured within this state; (ii) Are packaged in tamper-resistant sealed packages; and (iii) Indicate on the packaging that the customer is prohibited from consuming the alcoholic beverage until the customer reaches the customer's final destination;
(i) Are manufactured within this state;
(ii) Are packaged in tamper-resistant sealed packages; and
(iii) Indicate on the packaging that the customer is prohibited from consuming the alcoholic beverage until the customer reaches the customer's final destination;
(B) Notwithstanding § 57-3-406(e) and (h) , may sell alcoholic beverages on any day and during any hours during which the terminal building of a commercial air carrier airport is authorized to sell alcoholic beverages for on-premises consumption;
(C) May store inventory at one (1) or more secure locations other than the premises of the retail store that are located within the terminal building;
(D) May transfer and transport inventory to and from storage locations; and
(E) Shall not conduct consumer educational seminars or authorize its employees or agents to receive complimentary samples at a sales demonstration under § 57-3-404(h) .
(4) Subsection (a) and subdivisions (b)(1), (2), (3)(A), and (3)(C) shall apply to retail stores licensed under this subsection (h).
(5) The commission shall verify that a terminal building of a commercial air carrier airport meets all qualifications for licensure under this subsection (h) prior to issuing a license.
(6) As used in this subsection (h), unless the context otherwise requires, "terminal building of a commercial air carrier airport" has the same meaning as defined in § 57-4-102 .
Amended by 2021 Tenn. Acts, ch. 59, Secs.s 1, s 2, s 3, s 4, s 5 eff. 3/29/2021.
Amended by 2018 Tenn. Acts, ch. 783, Secs.s 5, s 7, s 8, s 9, s 10 eff. 4/20/2018.
Amended by 2016 Tenn. Acts, ch. 1068, s 1, eff. 5/20/2016.
Amended by 2015 Tenn. Acts, ch. 428, s 1, eff. 5/15/2015.
Amended by 2014 Tenn. Acts, ch. 554, s 15, eff. 7/1/2014.
Acts 1939, ch. 49, § 8; 1945, ch. 167, § 5; 1949, ch. 284, §§ 4, 5; C. Supp. 1950, § 6648.13 (Williams, § 6648.11); impl. am. Acts 1963, ch. 251, § 20; Acts 1972, ch. 656, § 1; 1976, ch. 505, §§ 1, 2; 1977, ch. 461, § 1; T.C.A. (orig. ed.), § 57-117; Acts 1980, ch. 771, § 2; 1981, ch. 156, §§ 1, 2; 1984, ch. 746, § 1; 1988, ch. 836, § 1; 1990, ch. 794, §§ 1, 2; 1993, ch. 368, §§ 1, 2; 1995, ch. 214, § 1; 1995, ch. 396, §§ 4, 5; 1996, ch. 925, § 1; 1997 , ch. 543, §§ 1-3; 2004, ch. 876, § 3; 2009 , ch. 395, § 3; 2010 , ch. 788, §§ 1, 2; 2010 , ch. 1009, § 5; 2011 , ch. 448, §§ 13, 15, 16; 2012 , ch. 947, § 3.
Tenn. Code Ann. § 57-3-110 — TN Code / Title 57 / Chapter 3 / Section 57-3-110
Sale of liquors to armed forces agencies
Status: in_force

(a) Any wholesaler, manufacturer, or distiller may sell intoxicating liquors to any post exchange, ship's service store, mess, club, or commissary of any post, camp, station or reservation of the armed forces, or any other agency authorized by the department of defense to engage in the sale of intoxicating liquors. (b) Before any person shall transport (other than by common carrier) alcoholic beverages within, into, or through this state, for delivery to any such ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, such person shall comply with § 57-3-403 , and any other law applicable to the transporting of alcoholic beverages, and shall, in addition thereto, procure from the alcoholic beverage commission a special permit in such form as may be prescribed by the commission, which application, among other things, shall state the name and location of the post exchange, ship's service store, mess, club, commissary, or other agency to which the delivery will be made, the route over which such shipment will be hauled, and the amount to be transported according to the separate containers making up such shipment. (c) Before any common carrier shall transport alcoholic beverages within, into or through this state for delivery to a post exchange, ship's service store, mess, commissary, club or other agency under the jurisdiction of the department of defense, notice of such shipment shall be given to the alcoholic beverage commission, which notice shall include, among other things, the name and location of the consignee, the route over which such shipment will be transported, and the amount to be transported according to the separate containers making up such shipment. (d) It is herein declared to be the legislative intent to permit the sale of alcoholic beverages to post exchanges and similar agencies under the jurisdiction of the department of defense on military or naval reservations and posts within the boundaries of this state by wholesalers, manufacturers, and distilleries only upon strict compliance with this section, § 57-3-403 and all other sections applicable to the transportation of alcoholic beverages within, into, or through this state. Acts 1955, ch. 347, § 1; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 257, § 49; T.C.A., § 57-151.
(a) Any wholesaler, manufacturer, or distiller may sell intoxicating liquors to any post exchange, ship's service store, mess, club, or commissary of any post, camp, station or reservation of the armed forces, or any other agency authorized by the department of defense to engage in the sale of intoxicating liquors.
(b) Before any person shall transport (other than by common carrier) alcoholic beverages within, into, or through this state, for delivery to any such ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, such person shall comply with § 57-3-403 , and any other law applicable to the transporting of alcoholic beverages, and shall, in addition thereto, procure from the alcoholic beverage commission a special permit in such form as may be prescribed by the commission, which application, among other things, shall state the name and location of the post exchange, ship's service store, mess, club, commissary, or other agency to which the delivery will be made, the route over which such shipment will be hauled, and the amount to be transported according to the separate containers making up such shipment.
(c) Before any common carrier shall transport alcoholic beverages within, into or through this state for delivery to a post exchange, ship's service store, mess, commissary, club or other agency under the jurisdiction of the department of defense, notice of such shipment shall be given to the alcoholic beverage commission, which notice shall include, among other things, the name and location of the consignee, the route over which such shipment will be transported, and the amount to be transported according to the separate containers making up such shipment.
(d) It is herein declared to be the legislative intent to permit the sale of alcoholic beverages to post exchanges and similar agencies under the jurisdiction of the department of defense on military or naval reservations and posts within the boundaries of this state by wholesalers, manufacturers, and distilleries only upon strict compliance with this section, § 57-3-403 and all other sections applicable to the transportation of alcoholic beverages within, into, or through this state.
Acts 1955, ch. 347, § 1; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 257, § 49; T.C.A., § 57-151.
Tenn. Code Ann. § 57-5-401 — TN Code / Title 57 / Chapter 5 / Section 57-5-401
Transportation of beer and light alcoholic beverages into state - Documents required - Carrier's tax liability
Status: in_force

(a) Any person engaged in transporting any beer and/or other such beverages from any point outside of this state to any point within this state shall possess during the entire time engaged in transporting such beverages in this state 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, except a common carrier maintaining a permanent office within this state where complete records of all beer and/or other such beverages transported from without this state are kept and open to inspection by the commissioner or the commissioner's duly authorized agent at all reasonable times. (b) When any common carrier transporting beer as defined in § 57-5-101(b) to a point within this state or any insurance company insuring such products comes into possession of such products by virtue of the same being damaged or otherwise unaccepted by the consignee of such product, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner is furnished to the commissioner by such carrier or insurance company showing that such products have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state. The imposition of liability for the tax under the circumstances as hereinabove stated shall not be construed as authorizing the sale of such products in this state by either common carriers or insurance companies unless otherwise licensed to do so. Amended by 2014 Tenn. Acts, ch. 861,s 11, eff. 5/1/2014. Acts 1969, ch. 299, § 3; 1973, ch. 6, § 2; T.C.A., § 57-224; Acts 1990, ch. 617, §§ 2, 3.
(a) Any person engaged in transporting any beer and/or other such beverages from any point outside of this state to any point within this state shall possess during the entire time engaged in transporting such beverages in this state 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, except a common carrier maintaining a permanent office within this state where complete records of all beer and/or other such beverages transported from without this state are kept and open to inspection by the commissioner or the commissioner's duly authorized agent at all reasonable times.
(b) When any common carrier transporting beer as defined in § 57-5-101(b) to a point within this state or any insurance company insuring such products comes into possession of such products by virtue of the same being damaged or otherwise unaccepted by the consignee of such product, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner is furnished to the commissioner by such carrier or insurance company showing that such products have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state. The imposition of liability for the tax under the circumstances as hereinabove stated shall not be construed as authorizing the sale of such products in this state by either common carriers or insurance companies unless otherwise licensed to do so.
Amended by 2014 Tenn. Acts, ch. 861,s 11, eff. 5/1/2014.
Acts 1969, ch. 299, § 3; 1973, ch. 6, § 2; T.C.A., § 57-224; Acts 1990, ch. 617, §§ 2, 3.
Tenn. Code Ann. § 57-1-204 — TN Code / Title 57 / Chapter 1 / Section 57-1-204
Department of revenue authority to collect certain taxes and make audits - Appropriation of funds to commission
Status: in_force

(a) The department of revenue shall continue to collect the tax as levied and imposed under § 57-6-201 , and the required monthly reports thereunder shall continue to be made to the department. (b) All such tax collected by the department shall be deposited in the treasury of the state to the credit of and to be used by the commission for the purpose of carrying out this chapter. Such funds are hereby appropriated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission. (c) The authority now vested in the commissioner of revenue to make the required audits, examinations of books, records and papers, and the filing of invoices, as provided for under § 57-6-202 , shall remain vested in the commissioner. Acts 1963, ch. 259, § 3; T.C.A., § 57-814.
(a) The department of revenue shall continue to collect the tax as levied and imposed under § 57-6-201 , and the required monthly reports thereunder shall continue to be made to the department.
(b) All such tax collected by the department shall be deposited in the treasury of the state to the credit of and to be used by the commission for the purpose of carrying out this chapter. Such funds are hereby appropriated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission.
(c) The authority now vested in the commissioner of revenue to make the required audits, examinations of books, records and papers, and the filing of invoices, as provided for under § 57-6-202 , shall remain vested in the commissioner.
Acts 1963, ch. 259, § 3; T.C.A., § 57-814.
Tenn. Code Ann. § 57-3-109 — TN Code / Title 57 / Chapter 3 / Section 57-3-109
Damaged or unaccepted goods - Liability for tax
Status: in_force

When any common carrier transporting alcoholic beverages to a point within this state, or any insurance company insuring such alcoholic beverages, comes into possession of such alcoholic beverages by virtue of the same being damaged or otherwise unaccepted by the consignee of such alcoholic beverages, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner of revenue is furnished to the commissioner by such carrier or insurer showing that such alcoholic beverages have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state. Acts 1971, ch. 150, § 1; T.C.A., § 57-169.
When any common carrier transporting alcoholic beverages to a point within this state, or any insurance company insuring such alcoholic beverages, comes into possession of such alcoholic beverages by virtue of the same being damaged or otherwise unaccepted by the consignee of such alcoholic beverages, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner of revenue is furnished to the commissioner by such carrier or insurer showing that such alcoholic beverages have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state.
Acts 1971, ch. 150, § 1; T.C.A., § 57-169.
Tenn. Code Ann. § 57-3-213 — TN Code / Title 57 / Chapter 3 / Section 57-3-213
Expiration of licenses - Renewal
Status: in_force

(a) Each license shall expire twelve (12) months following the date of its issuance. The commission is authorized to issue renewal licenses for all qualified persons licensed as of July 1, 1981 for a period of time greater than three (3) months but less than a year so as to distribute expiration dates throughout the year, for the year following July 1, 1981 only. The license fee or the proportionate part thereof prescribed by this chapter shall be paid in advance at the time the application for renewal is made as provided by this chapter. (b) Each license issued pursuant to this chapter may be renewed upon application therefor by the licensee. The renewal application shall be accompanied by the payment of the annual fee for such license. Each license shall automatically expire twelve (12) months from the date of its issuance unless the licensee has filed a renewal application and paid the annual license fee or privilege tax required by this title. (c) The commission shall consider the application with all other evidence which it may obtain by investigation or otherwise in determining whether the license is to be renewed. The commission shall make such order, as the entire record justifies, granting or refusing the renewal application, and such order shall be effective from its date. If the license is not renewed, the applicant is entitled to the hearing and notice requirements as set out in § 57-3-214 . Amended by 2019 Tenn. Acts, ch. 136, s 1, eff. 8/1/2019. Acts 1939, ch. 49, § 14; 1949, ch. 284, § 6; C. Supp. 1950, § 6648.17; Acts 1951, ch. 52, § 5; impl. am. Acts 1963, ch. 257, § 29; Acts 1976, ch. 438, § 1; T.C.A. (orig. ed.), § 57-126; Acts 1981, ch. 152, § 2; 1982, ch. 577, § 1; 1985, ch. 76, § 1.
(a) Each license shall expire twelve (12) months following the date of its issuance. The commission is authorized to issue renewal licenses for all qualified persons licensed as of July 1, 1981 for a period of time greater than three (3) months but less than a year so as to distribute expiration dates throughout the year, for the year following July 1, 1981 only. The license fee or the proportionate part thereof prescribed by this chapter shall be paid in advance at the time the application for renewal is made as provided by this chapter.
(b) Each license issued pursuant to this chapter may be renewed upon application therefor by the licensee. The renewal application shall be accompanied by the payment of the annual fee for such license. Each license shall automatically expire twelve (12) months from the date of its issuance unless the licensee has filed a renewal application and paid the annual license fee or privilege tax required by this title.
(c) The commission shall consider the application with all other evidence which it may obtain by investigation or otherwise in determining whether the license is to be renewed. The commission shall make such order, as the entire record justifies, granting or refusing the renewal application, and such order shall be effective from its date. If the license is not renewed, the applicant is entitled to the hearing and notice requirements as set out in § 57-3-214 .
Amended by 2019 Tenn. Acts, ch. 136, s 1, eff. 8/1/2019.
Acts 1939, ch. 49, § 14; 1949, ch. 284, § 6; C. Supp. 1950, § 6648.17; Acts 1951, ch. 52, § 5; impl. am. Acts 1963, ch. 257, § 29; Acts 1976, ch. 438, § 1; T.C.A. (orig. ed.), § 57-126; Acts 1981, ch. 152, § 2; 1982, ch. 577, § 1; 1985, ch. 76, § 1.
Tenn. Code Ann. § 57-5-105 — TN Code / Title 57 / Chapter 5 / Section 57-5-105
Licenses or permits to sell outside of town or city limits - Applications - Temporary permits - Hearings
Status: in_force

(a) The owner of a business desiring to sell, distribute, manufacture, or store beer in any Class A county outside the limits of any incorporated city or town shall file an application for a permit with the county legislative body or a committee appointed by the county legislative body. (b) In order to receive a permit, an applicant must establish that: (1) No beer will be sold except at places where such sale will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety and morals, the county legislative body having the right to forbid such storage, sale or manufacture at places within two thousand feet (2,000') of such places of public gatherings in its discretion. Nothing in this subdivision (b)(1) shall apply to places of business that are located in the terminal or main building at public airports serviced by commercial airlines with regularly scheduled flights; (2) No sale shall be made to minors; (3) No person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance or controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years; (4) No person employed by the applicant in such distribution or sale has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years; and (5) No sale shall be made for on-premise consumption unless the application so states. (c) An applicant shall disclose the following information in the application: (1) Name of the applicant; (2) Name of applicant's business; (3) Location of business by street address or other geographical description to permit an accurate determination of conformity with the requirements of this section; (4) If beer will be sold at two (2) or more restaurants or other businesses pursuant to the same permit as provided by § 57-5-103(a)(4) , a description of all such businesses; (5) Persons, firms, corporations, joint-stock companies, syndicates, or associations having at least a five percent (5%) ownership interest in the applicant; (6) Identity and address of a representative to receive annual tax notices and any other communication from the county legislative body or its committee; (7) That no person, firm, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant nor any person to be employed in the distribution or sale of beer has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten (10) years; (8) Whether or not the applicant is seeking a permit which would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both of the foregoing. If a holder of a beer permit for either off-premises consumption or on-premises consumption desires to change the permit holder's method of sale, the permit holder shall apply to the county legislative body or committee appointed by such body for a new permit; and (9) Such other relevant information as may be required by the county legislative body or its committee. An applicant or permit holder shall be required to amend or supplement its application promptly if a change in circumstances affects the responses provided in its application. (d) Any applicant making a false statement in the application shall forfeit such applicant's permit and shall not be eligible to receive any permit for a period of ten (10) years. (e) Any applicant seeking a license or permit under this section and who complies with the conditions and provisions of this section shall have issued to such applicant the necessary license or permit, and in the event the license or permit is refused, the applicant shall be entitled to a hearing on the application for the issuance of a license or permit. The refusal to grant a license or permit, or the refusal to grant a hearing upon a person's application for a license or permit, may be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108 . (f) Before any county legislative body or committee appointed by the county legislative body shall issue a license or permit under this section, it may cause to be published in a newspaper of general circulation a notice in which the name of the applicant and the address of the location for such license or permit, whether the application is for the sale of alcoholic beverages for on-premises consumption and the date and time of its meeting at which such application shall be considered. Such meeting shall be a public hearing for the purpose of hearing the statement of any person or such person's attorney on any application for a license or permit. (g) (1) Temporary beer licenses or permits not to exceed thirty (30) days' duration may be issued at the request of the applicant upon the same conditions governing permanent permits. Such a temporary license or permit shall not allow the sale, storage or manufacture of beer on publicly owned property. (2) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), in Class B counties and counties having a population in excess of three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census a temporary permit authorizing the sale of beer on public property may be issued to a bona fide charitable or nonprofit or political organization as defined in § 57-4-102 , subject to the approval of the appropriate governmental authority charged with the management of such publicly owned property and the approval of the county beer board. (3) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), a county authorized to issue a permit under § 57-5-106(c) may issue a temporary permit authorizing the sale of beer on public property. (h) Where a permit or license has been refused three (3) times, the applicant shall not be allowed to apply again for a permit or license on the same premises until after the expiration of one (1) year from the date of the third refusal and only if the circumstances have substantially changed. Nothing in this subsection (h) shall be construed as prohibiting or in any manner limiting the right of any refusal to be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108 . (i) Class A counties, by resolution of their county legislative bodies, may forbid the sale of beer within three hundred feet (300') of a residential dwelling, measured from building to building; provided, that the owner of the residential dwelling appears in person before the county beer board and objects to the issuance of such permit or license. This subsection (i) shall not apply to locations where beer permits or licenses have been issued prior to the date of adoption of such a resolution by the county legislative body, or to an application for a change in the licensee or permittee at such locations. (j) A county legislative body may impose training or certification restrictions or requirements on employees of a permit holder, but such restrictions or requirements shall not apply to any employee who is possessed of a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title. (k) When a permit or license has been denied based on the testimony of a person at the hearing which caused the county to deny the permit or license, the beer board or other appropriate governing body shall notify the person who testified if the applicant seeks a permit or license again at the same location within twelve (12) months. The person who testified may submit the person's remarks in writing to the beer board or other appropriate governing body at any additional hearing in lieu of making a physical appearance to testify. Amended by 2018 Tenn. Acts, ch. 944,s 2, eff. 5/15/2018. Amended by 2016 Tenn. Acts, ch. 654,Secs.s1, s2 eff. 3/29/2016. Acts 1933, ch. 69, § 10; 1935, ch. 170, § 4; C. Supp. 1950, § 1191.14; Acts 1961, ch. 105, § 1; 1965, ch. 321, § 2; 1968, ch. 517, § 1; 1972, ch. 637, § 1; 1975, ch. 242, § 1; 1975, ch. 363, §§ 1, 2; 1976, ch. 713, § 1; 1977, ch. 340, § 1; 1978, ch. 637, § 1; 1978, ch. 799, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-205; Acts 1980, ch. 909, § 1; 1983, ch. 386, §§ 2-5; 1984, ch. 610, § 1; 1987, ch. 74, §§ 1-3; 1993, ch. 297, § 5; 1995, ch. 252, § 1; 1995, ch. 396, § 7; 2004, ch. 598, § 1; 2005, ch. 294, §§ 1, 2; 2012, ch. 848, §§ 61, 62.
(a) The owner of a business desiring to sell, distribute, manufacture, or store beer in any Class A county outside the limits of any incorporated city or town shall file an application for a permit with the county legislative body or a committee appointed by the county legislative body.
(b) In order to receive a permit, an applicant must establish that: (1) No beer will be sold except at places where such sale will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety and morals, the county legislative body having the right to forbid such storage, sale or manufacture at places within two thousand feet (2,000') of such places of public gatherings in its discretion. Nothing in this subdivision (b)(1) shall apply to places of business that are located in the terminal or main building at public airports serviced by commercial airlines with regularly scheduled flights; (2) No sale shall be made to minors; (3) No person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance or controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years; (4) No person employed by the applicant in such distribution or sale has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years; and (5) No sale shall be made for on-premise consumption unless the application so states.
(1) No beer will be sold except at places where such sale will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety and morals, the county legislative body having the right to forbid such storage, sale or manufacture at places within two thousand feet (2,000') of such places of public gatherings in its discretion. Nothing in this subdivision (b)(1) shall apply to places of business that are located in the terminal or main building at public airports serviced by commercial airlines with regularly scheduled flights;
(2) No sale shall be made to minors;
(3) No person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance or controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years;
(4) No person employed by the applicant in such distribution or sale has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years; and
(5) No sale shall be made for on-premise consumption unless the application so states.
(c) An applicant shall disclose the following information in the application: (1) Name of the applicant; (2) Name of applicant's business; (3) Location of business by street address or other geographical description to permit an accurate determination of conformity with the requirements of this section; (4) If beer will be sold at two (2) or more restaurants or other businesses pursuant to the same permit as provided by § 57-5-103(a)(4) , a description of all such businesses; (5) Persons, firms, corporations, joint-stock companies, syndicates, or associations having at least a five percent (5%) ownership interest in the applicant; (6) Identity and address of a representative to receive annual tax notices and any other communication from the county legislative body or its committee; (7) That no person, firm, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant nor any person to be employed in the distribution or sale of beer has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten (10) years; (8) Whether or not the applicant is seeking a permit which would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both of the foregoing. If a holder of a beer permit for either off-premises consumption or on-premises consumption desires to change the permit holder's method of sale, the permit holder shall apply to the county legislative body or committee appointed by such body for a new permit; and (9) Such other relevant information as may be required by the county legislative body or its committee. An applicant or permit holder shall be required to amend or supplement its application promptly if a change in circumstances affects the responses provided in its application.
(1) Name of the applicant;
(2) Name of applicant's business;
(3) Location of business by street address or other geographical description to permit an accurate determination of conformity with the requirements of this section;
(4) If beer will be sold at two (2) or more restaurants or other businesses pursuant to the same permit as provided by § 57-5-103(a)(4) , a description of all such businesses;
(5) Persons, firms, corporations, joint-stock companies, syndicates, or associations having at least a five percent (5%) ownership interest in the applicant;
(6) Identity and address of a representative to receive annual tax notices and any other communication from the county legislative body or its committee;
(7) That no person, firm, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant nor any person to be employed in the distribution or sale of beer has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten (10) years;
(8) Whether or not the applicant is seeking a permit which would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both of the foregoing. If a holder of a beer permit for either off-premises consumption or on-premises consumption desires to change the permit holder's method of sale, the permit holder shall apply to the county legislative body or committee appointed by such body for a new permit; and
(9) Such other relevant information as may be required by the county legislative body or its committee. An applicant or permit holder shall be required to amend or supplement its application promptly if a change in circumstances affects the responses provided in its application.
(d) Any applicant making a false statement in the application shall forfeit such applicant's permit and shall not be eligible to receive any permit for a period of ten (10) years.
(e) Any applicant seeking a license or permit under this section and who complies with the conditions and provisions of this section shall have issued to such applicant the necessary license or permit, and in the event the license or permit is refused, the applicant shall be entitled to a hearing on the application for the issuance of a license or permit. The refusal to grant a license or permit, or the refusal to grant a hearing upon a person's application for a license or permit, may be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108 .
(f) Before any county legislative body or committee appointed by the county legislative body shall issue a license or permit under this section, it may cause to be published in a newspaper of general circulation a notice in which the name of the applicant and the address of the location for such license or permit, whether the application is for the sale of alcoholic beverages for on-premises consumption and the date and time of its meeting at which such application shall be considered. Such meeting shall be a public hearing for the purpose of hearing the statement of any person or such person's attorney on any application for a license or permit.
(g) (1) Temporary beer licenses or permits not to exceed thirty (30) days' duration may be issued at the request of the applicant upon the same conditions governing permanent permits. Such a temporary license or permit shall not allow the sale, storage or manufacture of beer on publicly owned property. (2) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), in Class B counties and counties having a population in excess of three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census a temporary permit authorizing the sale of beer on public property may be issued to a bona fide charitable or nonprofit or political organization as defined in § 57-4-102 , subject to the approval of the appropriate governmental authority charged with the management of such publicly owned property and the approval of the county beer board. (3) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), a county authorized to issue a permit under § 57-5-106(c) may issue a temporary permit authorizing the sale of beer on public property.
(1) Temporary beer licenses or permits not to exceed thirty (30) days' duration may be issued at the request of the applicant upon the same conditions governing permanent permits. Such a temporary license or permit shall not allow the sale, storage or manufacture of beer on publicly owned property.
(2) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), in Class B counties and counties having a population in excess of three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census a temporary permit authorizing the sale of beer on public property may be issued to a bona fide charitable or nonprofit or political organization as defined in § 57-4-102 , subject to the approval of the appropriate governmental authority charged with the management of such publicly owned property and the approval of the county beer board.
(3) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), a county authorized to issue a permit under § 57-5-106(c) may issue a temporary permit authorizing the sale of beer on public property.
(h) Where a permit or license has been refused three (3) times, the applicant shall not be allowed to apply again for a permit or license on the same premises until after the expiration of one (1) year from the date of the third refusal and only if the circumstances have substantially changed. Nothing in this subsection (h) shall be construed as prohibiting or in any manner limiting the right of any refusal to be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108 .
(i) Class A counties, by resolution of their county legislative bodies, may forbid the sale of beer within three hundred feet (300') of a residential dwelling, measured from building to building; provided, that the owner of the residential dwelling appears in person before the county beer board and objects to the issuance of such permit or license. This subsection (i) shall not apply to locations where beer permits or licenses have been issued prior to the date of adoption of such a resolution by the county legislative body, or to an application for a change in the licensee or permittee at such locations.
(j) A county legislative body may impose training or certification restrictions or requirements on employees of a permit holder, but such restrictions or requirements shall not apply to any employee who is possessed of a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title.
(k) When a permit or license has been denied based on the testimony of a person at the hearing which caused the county to deny the permit or license, the beer board or other appropriate governing body shall notify the person who testified if the applicant seeks a permit or license again at the same location within twelve (12) months. The person who testified may submit the person's remarks in writing to the beer board or other appropriate governing body at any additional hearing in lieu of making a physical appearance to testify.
Amended by 2018 Tenn. Acts, ch. 944,s 2, eff. 5/15/2018.
Amended by 2016 Tenn. Acts, ch. 654,Secs.s1, s2 eff. 3/29/2016.
Acts 1933, ch. 69, § 10; 1935, ch. 170, § 4; C. Supp. 1950, § 1191.14; Acts 1961, ch. 105, § 1; 1965, ch. 321, § 2; 1968, ch. 517, § 1; 1972, ch. 637, § 1; 1975, ch. 242, § 1; 1975, ch. 363, §§ 1, 2; 1976, ch. 713, § 1; 1977, ch. 340, § 1; 1978, ch. 637, § 1; 1978, ch. 799, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-205; Acts 1980, ch. 909, § 1; 1983, ch. 386, §§ 2-5; 1984, ch. 610, § 1; 1987, ch. 74, §§ 1-3; 1993, ch. 297, § 5; 1995, ch. 252, § 1; 1995, ch. 396, § 7; 2004, ch. 598, § 1; 2005, ch. 294, §§ 1, 2; 2012, ch. 848, §§ 61, 62.
Tenn. Code Ann. § 57-1-105 — TN Code / Title 57 / Chapter 1 / Section 57-1-105
Director - Salary - Qualifications - Duties - Assistant director
Status: in_force

(a) The commission is hereby authorized to appoint a director to serve at the pleasure of the commission. The director's salary shall be fixed by the commission with the approval of the appropriate state officials as now required by law. The office of the director shall be at Nashville. (b) The director shall be at least thirty (30) years of age, and shall have been a citizen and resident of this state for at least five (5) years prior to appointment. The director shall be licensed to practice law in this state. The director shall be designated as director, alcoholic beverage commission. (c) The director shall be the chief administrative officer of the commission and all personnel employed by the commission shall be under the director's direct supervision. The director shall be solely responsible to the commission for the administration and enforcement of this chapter and shall be responsible for the performance of all duties and functions delegated by the commission. (d) The director shall keep and be responsible for all records of the commission and shall also serve as secretary of the commission. The director shall prepare and keep the minutes of all meetings held by the commission, including a record of all business transacted and decisions rendered by the commission. (e) The commission is hereby authorized to appoint an assistant director who shall perform such duties and functions which may be assigned by the director or the commission. The assistant director, if licensed to practice law in this state, may also be designated by the commission to sit, act and serve as a hearing officer and when designated as a hearing officer, the assistant director shall be authorized to perform the same duties and functions as the regular hearing officer is now authorized under this chapter and title. (f) The director and assistant director shall 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, § 4; 1970, ch. 452, § 1; 1976, ch. 806, § 1(12); T.C.A., § 57-804.
(a) The commission is hereby authorized to appoint a director to serve at the pleasure of the commission. The director's salary shall be fixed by the commission with the approval of the appropriate state officials as now required by law. The office of the director shall be at Nashville.
(b) The director shall be at least thirty (30) years of age, and shall have been a citizen and resident of this state for at least five (5) years prior to appointment. The director shall be licensed to practice law in this state. The director shall be designated as director, alcoholic beverage commission.
(c) The director shall be the chief administrative officer of the commission and all personnel employed by the commission shall be under the director's direct supervision. The director shall be solely responsible to the commission for the administration and enforcement of this chapter and shall be responsible for the performance of all duties and functions delegated by the commission.
(d) The director shall keep and be responsible for all records of the commission and shall also serve as secretary of the commission. The director shall prepare and keep the minutes of all meetings held by the commission, including a record of all business transacted and decisions rendered by the commission.
(e) The commission is hereby authorized to appoint an assistant director who shall perform such duties and functions which may be assigned by the director or the commission. The assistant director, if licensed to practice law in this state, may also be designated by the commission to sit, act and serve as a hearing officer and when designated as a hearing officer, the assistant director shall be authorized to perform the same duties and functions as the regular hearing officer is now authorized under this chapter and title.
(f) The director and assistant director shall 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, § 4; 1970, ch. 452, § 1; 1976, ch. 806, § 1(12); T.C.A., § 57-804.
Tenn. Code Ann. § 57-6-113 — TN Code / Title 57 / Chapter 6 / Section 57-6-113
Enforcement of law
Status: in_force

Municipal and county officials are given the authority to and are charged with the responsibility of enforcing this part as well as the department. Acts 1953, ch. 76, § 15 (Williams, § 1051.32); T.C.A. (orig. ed.), § 57-315.
Municipal and county officials are given the authority to and are charged with the responsibility of enforcing this part as well as the department.
Acts 1953, ch. 76, § 15 (Williams, § 1051.32); T.C.A. (orig. ed.), § 57-315.
Tenn. Code Ann. § 57-4-203 — TN Code / Title 57 / Chapter 4 / Section 57-4-203
Prohibited practices - Hours of sale - Authority of commission - Penalties
Status: in_force

(a) Exterior Signs. (1) No licensee shall place any sign of any description on the exterior of the licensee's hotel, convention center, premier type tourist resort, restaurant, or club which is not in compliance with all duly adopted local ordinances relative to such exterior signs. (2) A violation of subdivision (a)(1) is a Class C misdemeanor. (b) Sales to Minors Prohibited. (1) (A) Any licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under twenty-one (21) years of age commits a Class A misdemeanor and shall be punished in accordance with § 39-15-404 , as well as any other applicable section. (B) Any licensee engaging in business regulated hereunder or any employee thereof who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given any beer or malt beverage as defined in § 57-6-102 to any person under twenty-one (21) years of age is guilty of a Class A misdemeanor. (C) The commission may, upon finding that a licensee has violated subdivision (b)(1)(A) or (b)(1)(B) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee. (2) Any person under the age of twenty-one (21) years who: (A) Purchases, attempts to purchase, receives, or has in such person's possession in any public place, any alcoholic beverage, commits a Class A misdemeanor; or (B) Knowingly makes a false statement or exhibits false identification to the effect that the licensee is twenty-one (21) years of age or older to any person engaged in the sale of alcoholic beverages for the purpose of purchasing or obtaining the same commits a Class A misdemeanor. (i) If a person violating this subdivision (b)(2)(B) is less than eighteen (18) years of age, such person shall be punished by a fine of fifty dollars ($50.00) or not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (b)(2)(B)(i) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. (ii) If the person violating this subdivision (b)(2)(B) is eighteen (18) years of age or older but less than twenty-one (21) years of age, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (b)(2)(B)(ii) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. (C) (i) In addition to any criminal penalty established by this section, a court in which a person younger than twenty-one (21) years of age is convicted of the purchase, attempt to purchase or possession of alcoholic beverages, or the making of a false statement or exhibition of false identification for the purpose of purchasing or obtaining alcoholic beverages in violation of this section, shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction an order of denial of driving privileges for the offender. (ii) The court and the department of safety shall follow the same procedures and utilize the same sanctions and costs for an offender younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older. (3) This chapter does not prohibit any person eighteen (18) years of age or older from selling, transporting, possessing or dispensing alcoholic beverages in the course of such person's employment. (c) Other Prohibited Sales. (1) It is unlawful for any licensee or other person to sell or furnish any alcoholic beverage to any person who is known to be insane or mentally defective, or to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs. (2) A violation of subdivision (c)(1) is a Class A misdemeanor. (d) Hours of Sale. (1) Except as provided in subdivision (d)(5), hotels, clubs, zoological institutions, public aquariums, museums, motels, convention centers, restaurants, community theaters, theater, historic interpretive centers, sports authority facilities, and urban park centers, licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays, or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock (12:00) noon on Sundays. (2) Except as provided in subdivision (d)(5), hotels, motels and restaurants, licensed under § 57-4-102(28)(B) may not sell or give away alcoholic beverages, and/or malt beverages and/or wine between the hours of one o'clock a.m. (1:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of one o'clock a.m. (1:00 a.m.) and twelve o'clock (12:00) noon on Sundays. (3) Except as provided in subdivision (d)(5), establishments in a terminal building of a commercial air carrier airport and commercial airline travel clubs licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine, may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock noon (12:00) on Sundays. (4) Except as provided in subdivision (d)(5), licensees under § 57-4-102(29) may not sell or give away alcoholic beverages and/or malt beverages and/or wine between the hours of five o'clock a.m. (5:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of five o'clock a.m. (5:00 a.m.) and twelve o'clock (12:00) noon on Sundays. Notwithstanding this subdivision (d)(4), a municipality in which a premise is located under § 57-4-102(29)(D) may, by the adoption of an ordinance by the municipality's governing body, reduce or prescribe the hours and days upon which alcoholic beverages, beer, and wine may be consumed upon such premises; provided, that the ordinance does not expand such hours and days beyond the limitations of this subdivision (d)(4). (5) The commission is authorized to extend the hours of sale in the jurisdictions which have approved the sale of liquor by the drink by referendum; provided, however, that such extension of hours as well as § 57-5-301(b)(5) shall apply to Sunday sales of beer within the area of the county outside a municipality which approves liquor by the drink by referendum unless the county legislative body by a two-thirds (2/3) vote sets the hours for Sunday sales of beer in accordance with § 57-5-301(b)(1) to apply within such area. Upon petition by any licensee or group of licensees under this chapter, the commission may, after conducting a rule-making hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, adopt rules expanding the hours during which it is legal to sell or give away alcoholic beverages, malt beverages and wine, pursuant to this chapter. The commission is hereby directed to consider such factors as the hours of sales in contiguous states and the need to compete with jurisdictions elsewhere in the country for convention and tourism business. The governing body of any municipality or metropolitan government which has approved liquor by the drink by referendum may, at any time, opt out of any extension of hours adopted under this section by passage of a resolution. Further, any municipality or metropolitan government that has opted out may, at a later date, opt in by passage of a resolution. (6) Except as provided in subdivision (d)(5), licensees under § 57-4-102(31)(J) and (K) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of three o'clock a.m. (3:00 a.m.) and four o'clock a.m. (4:00 a.m.). (7) A restricted retail business licensed under § 57-4-102(33) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of ten o'clock p.m. (10:00 p.m.) and eight o'clock a.m. (8:00 a.m.). (e) Restrictions on Sealed or Unsealed Packages, or Gifts. (1) No licensee hereunder shall sell any wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises. Notwithstanding the foregoing, a restaurant licensed under this chapter may permit a customer who purchases an unsealed package of wine in conjunction with a food purchase and consumes a portion of the wine on the premises to remove the partially filled package from the premises. In addition, a licensee holding a license issued pursuant to §§ 57-4-102(14) and (35) may sell and distribute alcoholic beverages and wine in unsealed containers to the occupant of a suite located within a sports authority facility or a convention center; provided, that such occupant is at least twenty-one (21) years of age, is authorized by the lessee of the suite to receive such alcoholic beverages and wine, and the alcoholic beverage or wine is not removed from the sports authority facility or convention center. (2) A licensee shall not give away any such sealed package or any drink of wine or alcoholic beverage to any patron or customer; provided, that: (A) A hotel licensed under this chapter may include as part of the accommodations to a registered guest the provision of up to four (4) seven hundred fifty milliliter (750 ml.) or smaller complimentary sealed packages of wine or alcoholic beverages for which all applicable taxes have been paid; and (B) A licensee may serve a sample of wine to a patron or customer that does not exceed one ounce (1 oz.). (3) The tax required by chapter 4, part 3 of this title shall be paid upon the normal sales price of any such packages of wines provided under this subsection (e). (4) A restaurant or limited service restaurant may sell beer for consumption off premises upon meeting the requirements of § 57-5-101(c)(2) . (5) [Expired effective July 1, 2023. See the Compiler's Notes.] (f) Method of Sale. Sales of wine and alcoholic beverages by licensees hereunder shall be conducted in the same manner as the sale of food is regularly conducted by such hotels, convention centers, premier type tourist resorts, restaurants, or clubs, except that no curb service of such beverages is lawful. (g) Ownership of Alcoholic Beverages Sold. (1) It is a Class C misdemeanor for any licensee hereunder to sell or serve on the licensee's premises any wine or other alcoholic beverage unless such beverage is owned outright by the licensee. (2) It is unlawful for any person, firm or corporation to sell wine or other alcoholic beverage as authorized herein without complying with the applicable provisions of this chapter. (3) This subsection (g) shall not apply to events held by special occasion licensees who receive donated alcoholic beverages or beer. (h) Restrictions on Employment. No entity holding a license issued pursuant to § 57-4-101 shall employ any person in the serving of beer, wine or other alcoholic beverages who does not possess a server permit from the commission. It is made the duty of the licensee to see that each person dispensing or serving alcoholic beverages, wine or beer in the licensee's establishment possesses such a permit, which permit must be on the person of such employee or on the premises of the licensed establishment and subject to inspection by the commission or its duly authorized agent when the employee is engaged in the performance of that employee's duties for the licensee. (i) Premises Must Be Licensed - Exception for Conventions, Social Gatherings and Catered Events. (1) (A) Except with respect to a caterer licensed under this chapter, it is unlawful for any person, firm, corporation, partnership, or association to allow the dispensing of alcoholic beverages except sacramental wines and beer, in any establishment unless such establishment is licensed under this title. (B) A violation of subdivision (i)(1)(A) is a Class B misdemeanor. (2) Bona fide conventions or meetings, however, may bring their own alcoholic beverages onto the licensed premises if the same beverages are served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. This section has no application to social gatherings in a private home or a private place which is not of a commercial nature or where goods or services may be purchased or sold or any charge or rent or other thing of value is exchanged for the use thereof, excepting it be for sleeping quarters. Nothing herein shall preclude the serving of alcoholic beverages to guests without cost in rooms or suites or banquet rooms of a hotel or club licensed pursuant to this chapter. (3) A restaurant, hotel, or caterer holding a valid catering license may sell or distribute wine, beer, and other alcoholic beverages at social or commercial events, catered by the restaurant, hotel, or caterer where the restaurant, hotel, or caterer is providing food service at such event; provided, that the restaurant, hotel, or caterer shall notify the commission as to the time, location and duration of the catered event before the commencement of the event. Nothing in this subdivision (i)(3) or chapter shall be interpreted to require a person who holds a valid caterer license under this chapter to also be licensed as a restaurant or hotel. (j) Penalties Invoked. (1) Any person, firm or corporation who violates any provision of parts 1 and 2 of this chapter is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000); and, in the discretion of the court, imprisoned not less than thirty (30) days, nor more than six (6) months, and each violation constitutes a separate offense. (2) Any person, firm or corporation who shall sell wine or other alcoholic beverages for consumption on its premises except as authorized by parts 1 and 2 of this chapter is guilty of a misdemeanor and punishable as provided in this section. (3) Upon conviction of a second offense under this chapter, the permit of any licensee so convicted shall be automatically and permanently revoked. (4) Upon the second conviction of any person, firm, or corporation for violation of subdivision (b)(1), such person, firm, or corporation is guilty of a Class E felony. In addition, upon the second such conviction, the permit of such licensee shall be automatically and permanently revoked regardless of any other punishment actually imposed. (k) Purchases by Special Occasion Licensees. (1) No charitable, nonprofit or political organization possessing a special occasion license shall purchase for sale or distribution under such license any alcoholic beverages from any source other than a licensee under § 57-3-204 . This subsection (k) shall not apply to homemade wine made in the Swiss tradition by a member or members of a special occasion permit holder issued a license pursuant to § 57-4-102(34)(D) . The member may supply the wine notwithstanding the limitations of § 57-3-207(e) . (2) A charitable, nonprofit, or political organization, or any representative thereof, may accept donations of alcoholic beverages and beer from any licensee holding a license issued pursuant to § 57-3-202 , § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-3-605 or § 57-4-101 ; provided, that the charitable, nonprofit, or political organization serves or sells such alcoholic beverages and beer at an event conducted by the charitable, nonprofit, or political organization as a special occasion licensee. (l) Commercial Airline Travel Clubs. A commercial airline travel club licensed under this chapter may provide complimentary drinks of wine and alcoholic beverages to its patrons, customers, and guests. Such commercial airline travel club must have a separate area, other than the gate and ticket areas, designated as a club area for use by its members. The tax required by part 3 of this chapter shall be paid upon the normal sales price of all such complimentary drinks of wine and alcoholic beverages provided under this subsection ( l ). (m) Discounts. Nothing in this chapter shall prohibit a licensee from offering a discount in such manner as the licensee deems appropriate as long as the discount being offered is not below the cost paid by the licensee to purchase the alcoholic beverages from the retailer. (n) Restrictions on Certain Limited Service Restaurant Licensees. Any establishment holding a license pursuant to § 57-4-301(b)(1)(W)(iv) shall not permit alcoholic beverages to be sold on sidewalks, streets, or alleys. (o) Extension of Credit by Wholesalers to Retailers. (1) No wholesaler licensed under § 57-3-203 shall be permitted to extend credit of any retailer licensed under § 57-4-101 unless pursuant to this subsection (o). All amounts due to any wholesaler from all sales to such retailers shall be due upon delivery of the product. (2) Notwithstanding the limitations of subdivision (o)(1), wholesalers licensed under § 57-3-203 may extend credit to a retailer licensed under § 57-4-101 for a period not to exceed ten (10) days from the date of the delivery of the product; provided, the payment is effected by electronic funds transfer or escrow prepayment. (3) It shall create a rebuttable presumption that a retailer licensed under § 57-4-101 is not financially responsible under § 57-3-104(c)(10) if the retailer fails to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period. Upon being advised by any wholesaler licensed under § 57-3-203 twice within a twelve-month period that a retailer has failed to comply with the applicable credit terms, the commission shall set a hearing as soon as practicable at its next available meeting to determine whether the retailer can rebut the presumption created by this subdivision (o)(3). Upon a finding that the retailer is not financially responsible under § 57-3-104(c)(10) , the commission may issue a fine, suspend or revoke the license, or make any other order it deems appropriate. (4) Notwithstanding any law to the contrary, the commission is authorized to issue a citation in an amount not to exceed five hundred dollars ($500) per violation against any retailer licensed under § 57-4-101 if, upon investigation, the commission finds that the retailer has failed to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period. Amended by 2024 Tenn. Acts, ch. 865,s 3, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 451, Secs.s 2, s 3 eff. 5/14/2021; Section 5 of the Act provides: "The provisions contained in this act terminate on July 1, 2023, and the law in effect prior to this act's effective date must be restored." Amended by 2021 Tenn. Acts, ch. 187, s 2, eff. 4/20/2021. Amended by 2018 Tenn. Acts, ch. 755, s 2, eff. 4/18/2018. Amended by 2017 Tenn. Acts, ch. 371, s 2, eff. 5/11/2017. Amended by 2017 Tenn. Acts, ch. 147, Secs.s 3, s 4, s 5, s 6 eff. 4/17/2017. Amended by 2015 Tenn. Acts, ch. 369, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 1015,s 10, eff. 4/16/2014. Amended by 2014 Tenn. Acts, ch. 1001,s 6, eff. 5/22/2014. Amended by 2014 Tenn. Acts, ch. 915, s 3, eff. 5/13/2014. Amended by 2013 Tenn. Acts, ch. 386, s 2, eff. 5/14/2013. Acts 1967, ch. 211, § 1; 1969, ch. 336, § 1; 1970, ch. 451, § 2; 1971, ch. 224, § 1; 1972, ch. 612, § 9; 1972, ch. 682, § 4; 1972, ch. 756, § 5; 1973, ch. 397; 1975, ch. 277, § 1; 1975, ch. 340, § 1; 1979, ch. 256, § 1; 1979, ch. 377, § 1; 1979, ch. 401, § 4; 1979, ch. 413, §§ 3, 4; T.C.A., § 57-156; Acts 1980, ch. 771, § 3; 1981, ch. 153, § 1; 1981, ch. 404, § 3; 1982, ch. 877, §§ 2, 3; 1983, ch. 454, §§ 2, 3; 1983, ch. 469, §§ 6, 7; 1984, ch. 569, § 1; 1984, ch. 975, §§ 6, 7; 1984, ch. 1006, § 3; 1986, ch. 697, § 1; 1986, ch. 788, § 1; 1986, ch. 899, §§ 7, 8; 1987, ch. 96, § 1; 1987, ch. 444, §§ 1, 8, 9; 1988, ch. 944, § 1; 1989, ch. 427, § 1; 1989, ch. 591, §§ 63, 111, 112, 113; 1991, ch. 407, §§ 1, 2; 1991, ch. 473, §§ 2, 3; 1992, ch. 674, §§ 6, 7; 1994, ch. 550, § 1; 1995, ch. 93, § 1; 1995, ch. 214, § 2; 1995, ch. 396, § 6; 1998, ch. 795, §§ 2, 3; 1998, ch. 939, § 6; 2000, ch. 819, §§ 1, 2; 2001, ch. 74, § 4; 2001, ch. 161, § 1; 2001, ch. 310, § 1; 2002, ch. 832, § 2; 2006, ch. 900, § 3; 2007 , ch. 203, § 2; 2010 , ch. 1009, § 6; 2011 , ch. 231, § 1; 2012 , ch. 947, § 5; 2012 , ch. 968, §§ 7, 8.
(a) Exterior Signs. (1) No licensee shall place any sign of any description on the exterior of the licensee's hotel, convention center, premier type tourist resort, restaurant, or club which is not in compliance with all duly adopted local ordinances relative to such exterior signs. (2) A violation of subdivision (a)(1) is a Class C misdemeanor.
(1) No licensee shall place any sign of any description on the exterior of the licensee's hotel, convention center, premier type tourist resort, restaurant, or club which is not in compliance with all duly adopted local ordinances relative to such exterior signs.
(2) A violation of subdivision (a)(1) is a Class C misdemeanor.
(b) Sales to Minors Prohibited. (1) (A) Any licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under twenty-one (21) years of age commits a Class A misdemeanor and shall be punished in accordance with § 39-15-404 , as well as any other applicable section. (B) Any licensee engaging in business regulated hereunder or any employee thereof who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given any beer or malt beverage as defined in § 57-6-102 to any person under twenty-one (21) years of age is guilty of a Class A misdemeanor. (C) The commission may, upon finding that a licensee has violated subdivision (b)(1)(A) or (b)(1)(B) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee. (2) Any person under the age of twenty-one (21) years who: (A) Purchases, attempts to purchase, receives, or has in such person's possession in any public place, any alcoholic beverage, commits a Class A misdemeanor; or (B) Knowingly makes a false statement or exhibits false identification to the effect that the licensee is twenty-one (21) years of age or older to any person engaged in the sale of alcoholic beverages for the purpose of purchasing or obtaining the same commits a Class A misdemeanor. (i) If a person violating this subdivision (b)(2)(B) is less than eighteen (18) years of age, such person shall be punished by a fine of fifty dollars ($50.00) or not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (b)(2)(B)(i) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. (ii) If the person violating this subdivision (b)(2)(B) is eighteen (18) years of age or older but less than twenty-one (21) years of age, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (b)(2)(B)(ii) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. (C) (i) In addition to any criminal penalty established by this section, a court in which a person younger than twenty-one (21) years of age is convicted of the purchase, attempt to purchase or possession of alcoholic beverages, or the making of a false statement or exhibition of false identification for the purpose of purchasing or obtaining alcoholic beverages in violation of this section, shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction an order of denial of driving privileges for the offender. (ii) The court and the department of safety shall follow the same procedures and utilize the same sanctions and costs for an offender younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older. (3) This chapter does not prohibit any person eighteen (18) years of age or older from selling, transporting, possessing or dispensing alcoholic beverages in the course of such person's employment.
(1) (A) Any licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under twenty-one (21) years of age commits a Class A misdemeanor and shall be punished in accordance with § 39-15-404 , as well as any other applicable section. (B) Any licensee engaging in business regulated hereunder or any employee thereof who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given any beer or malt beverage as defined in § 57-6-102 to any person under twenty-one (21) years of age is guilty of a Class A misdemeanor. (C) The commission may, upon finding that a licensee has violated subdivision (b)(1)(A) or (b)(1)(B) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee.
(A) Any licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under twenty-one (21) years of age commits a Class A misdemeanor and shall be punished in accordance with § 39-15-404 , as well as any other applicable section.
(B) Any licensee engaging in business regulated hereunder or any employee thereof who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given any beer or malt beverage as defined in § 57-6-102 to any person under twenty-one (21) years of age is guilty of a Class A misdemeanor.
(C) The commission may, upon finding that a licensee has violated subdivision (b)(1)(A) or (b)(1)(B) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee.
(2) Any person under the age of twenty-one (21) years who: (A) Purchases, attempts to purchase, receives, or has in such person's possession in any public place, any alcoholic beverage, commits a Class A misdemeanor; or (B) Knowingly makes a false statement or exhibits false identification to the effect that the licensee is twenty-one (21) years of age or older to any person engaged in the sale of alcoholic beverages for the purpose of purchasing or obtaining the same commits a Class A misdemeanor. (i) If a person violating this subdivision (b)(2)(B) is less than eighteen (18) years of age, such person shall be punished by a fine of fifty dollars ($50.00) or not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (b)(2)(B)(i) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. (ii) If the person violating this subdivision (b)(2)(B) is eighteen (18) years of age or older but less than twenty-one (21) years of age, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (b)(2)(B)(ii) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. (C) (i) In addition to any criminal penalty established by this section, a court in which a person younger than twenty-one (21) years of age is convicted of the purchase, attempt to purchase or possession of alcoholic beverages, or the making of a false statement or exhibition of false identification for the purpose of purchasing or obtaining alcoholic beverages in violation of this section, shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction an order of denial of driving privileges for the offender. (ii) The court and the department of safety shall follow the same procedures and utilize the same sanctions and costs for an offender younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
(A) Purchases, attempts to purchase, receives, or has in such person's possession in any public place, any alcoholic beverage, commits a Class A misdemeanor; or
(B) Knowingly makes a false statement or exhibits false identification to the effect that the licensee is twenty-one (21) years of age or older to any person engaged in the sale of alcoholic beverages for the purpose of purchasing or obtaining the same commits a Class A misdemeanor. (i) If a person violating this subdivision (b)(2)(B) is less than eighteen (18) years of age, such person shall be punished by a fine of fifty dollars ($50.00) or not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (b)(2)(B)(i) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. (ii) If the person violating this subdivision (b)(2)(B) is eighteen (18) years of age or older but less than twenty-one (21) years of age, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (b)(2)(B)(ii) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
(i) If a person violating this subdivision (b)(2)(B) is less than eighteen (18) years of age, such person shall be punished by a fine of fifty dollars ($50.00) or not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (b)(2)(B)(i) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
(ii) If the person violating this subdivision (b)(2)(B) is eighteen (18) years of age or older but less than twenty-one (21) years of age, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (b)(2)(B)(ii) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
(C) (i) In addition to any criminal penalty established by this section, a court in which a person younger than twenty-one (21) years of age is convicted of the purchase, attempt to purchase or possession of alcoholic beverages, or the making of a false statement or exhibition of false identification for the purpose of purchasing or obtaining alcoholic beverages in violation of this section, shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction an order of denial of driving privileges for the offender. (ii) The court and the department of safety shall follow the same procedures and utilize the same sanctions and costs for an offender younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
(i) In addition to any criminal penalty established by this section, a court in which a person younger than twenty-one (21) years of age is convicted of the purchase, attempt to purchase or possession of alcoholic beverages, or the making of a false statement or exhibition of false identification for the purpose of purchasing or obtaining alcoholic beverages in violation of this section, shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction an order of denial of driving privileges for the offender.
(ii) The court and the department of safety shall follow the same procedures and utilize the same sanctions and costs for an offender younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
(3) This chapter does not prohibit any person eighteen (18) years of age or older from selling, transporting, possessing or dispensing alcoholic beverages in the course of such person's employment.
(c) Other Prohibited Sales. (1) It is unlawful for any licensee or other person to sell or furnish any alcoholic beverage to any person who is known to be insane or mentally defective, or to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs. (2) A violation of subdivision (c)(1) is a Class A misdemeanor.
(1) It is unlawful for any licensee or other person to sell or furnish any alcoholic beverage to any person who is known to be insane or mentally defective, or to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs.
(2) A violation of subdivision (c)(1) is a Class A misdemeanor.
(d) Hours of Sale. (1) Except as provided in subdivision (d)(5), hotels, clubs, zoological institutions, public aquariums, museums, motels, convention centers, restaurants, community theaters, theater, historic interpretive centers, sports authority facilities, and urban park centers, licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays, or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock (12:00) noon on Sundays. (2) Except as provided in subdivision (d)(5), hotels, motels and restaurants, licensed under § 57-4-102(28)(B) may not sell or give away alcoholic beverages, and/or malt beverages and/or wine between the hours of one o'clock a.m. (1:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of one o'clock a.m. (1:00 a.m.) and twelve o'clock (12:00) noon on Sundays. (3) Except as provided in subdivision (d)(5), establishments in a terminal building of a commercial air carrier airport and commercial airline travel clubs licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine, may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock noon (12:00) on Sundays. (4) Except as provided in subdivision (d)(5), licensees under § 57-4-102(29) may not sell or give away alcoholic beverages and/or malt beverages and/or wine between the hours of five o'clock a.m. (5:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of five o'clock a.m. (5:00 a.m.) and twelve o'clock (12:00) noon on Sundays. Notwithstanding this subdivision (d)(4), a municipality in which a premise is located under § 57-4-102(29)(D) may, by the adoption of an ordinance by the municipality's governing body, reduce or prescribe the hours and days upon which alcoholic beverages, beer, and wine may be consumed upon such premises; provided, that the ordinance does not expand such hours and days beyond the limitations of this subdivision (d)(4). (5) The commission is authorized to extend the hours of sale in the jurisdictions which have approved the sale of liquor by the drink by referendum; provided, however, that such extension of hours as well as § 57-5-301(b)(5) shall apply to Sunday sales of beer within the area of the county outside a municipality which approves liquor by the drink by referendum unless the county legislative body by a two-thirds (2/3) vote sets the hours for Sunday sales of beer in accordance with § 57-5-301(b)(1) to apply within such area. Upon petition by any licensee or group of licensees under this chapter, the commission may, after conducting a rule-making hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, adopt rules expanding the hours during which it is legal to sell or give away alcoholic beverages, malt beverages and wine, pursuant to this chapter. The commission is hereby directed to consider such factors as the hours of sales in contiguous states and the need to compete with jurisdictions elsewhere in the country for convention and tourism business. The governing body of any municipality or metropolitan government which has approved liquor by the drink by referendum may, at any time, opt out of any extension of hours adopted under this section by passage of a resolution. Further, any municipality or metropolitan government that has opted out may, at a later date, opt in by passage of a resolution. (6) Except as provided in subdivision (d)(5), licensees under § 57-4-102(31)(J) and (K) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of three o'clock a.m. (3:00 a.m.) and four o'clock a.m. (4:00 a.m.). (7) A restricted retail business licensed under § 57-4-102(33) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of ten o'clock p.m. (10:00 p.m.) and eight o'clock a.m. (8:00 a.m.).
(1) Except as provided in subdivision (d)(5), hotels, clubs, zoological institutions, public aquariums, museums, motels, convention centers, restaurants, community theaters, theater, historic interpretive centers, sports authority facilities, and urban park centers, licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays, or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock (12:00) noon on Sundays.
(2) Except as provided in subdivision (d)(5), hotels, motels and restaurants, licensed under § 57-4-102(28)(B) may not sell or give away alcoholic beverages, and/or malt beverages and/or wine between the hours of one o'clock a.m. (1:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of one o'clock a.m. (1:00 a.m.) and twelve o'clock (12:00) noon on Sundays.
(3) Except as provided in subdivision (d)(5), establishments in a terminal building of a commercial air carrier airport and commercial airline travel clubs licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine, may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock noon (12:00) on Sundays.
(4) Except as provided in subdivision (d)(5), licensees under § 57-4-102(29) may not sell or give away alcoholic beverages and/or malt beverages and/or wine between the hours of five o'clock a.m. (5:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of five o'clock a.m. (5:00 a.m.) and twelve o'clock (12:00) noon on Sundays. Notwithstanding this subdivision (d)(4), a municipality in which a premise is located under § 57-4-102(29)(D) may, by the adoption of an ordinance by the municipality's governing body, reduce or prescribe the hours and days upon which alcoholic beverages, beer, and wine may be consumed upon such premises; provided, that the ordinance does not expand such hours and days beyond the limitations of this subdivision (d)(4).
(5) The commission is authorized to extend the hours of sale in the jurisdictions which have approved the sale of liquor by the drink by referendum; provided, however, that such extension of hours as well as § 57-5-301(b)(5) shall apply to Sunday sales of beer within the area of the county outside a municipality which approves liquor by the drink by referendum unless the county legislative body by a two-thirds (2/3) vote sets the hours for Sunday sales of beer in accordance with § 57-5-301(b)(1) to apply within such area. Upon petition by any licensee or group of licensees under this chapter, the commission may, after conducting a rule-making hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, adopt rules expanding the hours during which it is legal to sell or give away alcoholic beverages, malt beverages and wine, pursuant to this chapter. The commission is hereby directed to consider such factors as the hours of sales in contiguous states and the need to compete with jurisdictions elsewhere in the country for convention and tourism business. The governing body of any municipality or metropolitan government which has approved liquor by the drink by referendum may, at any time, opt out of any extension of hours adopted under this section by passage of a resolution. Further, any municipality or metropolitan government that has opted out may, at a later date, opt in by passage of a resolution.
(6) Except as provided in subdivision (d)(5), licensees under § 57-4-102(31)(J) and (K) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of three o'clock a.m. (3:00 a.m.) and four o'clock a.m. (4:00 a.m.).
(7) A restricted retail business licensed under § 57-4-102(33) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of ten o'clock p.m. (10:00 p.m.) and eight o'clock a.m. (8:00 a.m.).
(e) Restrictions on Sealed or Unsealed Packages, or Gifts. (1) No licensee hereunder shall sell any wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises. Notwithstanding the foregoing, a restaurant licensed under this chapter may permit a customer who purchases an unsealed package of wine in conjunction with a food purchase and consumes a portion of the wine on the premises to remove the partially filled package from the premises. In addition, a licensee holding a license issued pursuant to §§ 57-4-102(14) and (35) may sell and distribute alcoholic beverages and wine in unsealed containers to the occupant of a suite located within a sports authority facility or a convention center; provided, that such occupant is at least twenty-one (21) years of age, is authorized by the lessee of the suite to receive such alcoholic beverages and wine, and the alcoholic beverage or wine is not removed from the sports authority facility or convention center. (2) A licensee shall not give away any such sealed package or any drink of wine or alcoholic beverage to any patron or customer; provided, that: (A) A hotel licensed under this chapter may include as part of the accommodations to a registered guest the provision of up to four (4) seven hundred fifty milliliter (750 ml.) or smaller complimentary sealed packages of wine or alcoholic beverages for which all applicable taxes have been paid; and (B) A licensee may serve a sample of wine to a patron or customer that does not exceed one ounce (1 oz.). (3) The tax required by chapter 4, part 3 of this title shall be paid upon the normal sales price of any such packages of wines provided under this subsection (e). (4) A restaurant or limited service restaurant may sell beer for consumption off premises upon meeting the requirements of § 57-5-101(c)(2) . (5) [Expired effective July 1, 2023. See the Compiler's Notes.]
(1) No licensee hereunder shall sell any wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises. Notwithstanding the foregoing, a restaurant licensed under this chapter may permit a customer who purchases an unsealed package of wine in conjunction with a food purchase and consumes a portion of the wine on the premises to remove the partially filled package from the premises. In addition, a licensee holding a license issued pursuant to §§ 57-4-102(14) and (35) may sell and distribute alcoholic beverages and wine in unsealed containers to the occupant of a suite located within a sports authority facility or a convention center; provided, that such occupant is at least twenty-one (21) years of age, is authorized by the lessee of the suite to receive such alcoholic beverages and wine, and the alcoholic beverage or wine is not removed from the sports authority facility or convention center.
(2) A licensee shall not give away any such sealed package or any drink of wine or alcoholic beverage to any patron or customer; provided, that: (A) A hotel licensed under this chapter may include as part of the accommodations to a registered guest the provision of up to four (4) seven hundred fifty milliliter (750 ml.) or smaller complimentary sealed packages of wine or alcoholic beverages for which all applicable taxes have been paid; and (B) A licensee may serve a sample of wine to a patron or customer that does not exceed one ounce (1 oz.).
(A) A hotel licensed under this chapter may include as part of the accommodations to a registered guest the provision of up to four (4) seven hundred fifty milliliter (750 ml.) or smaller complimentary sealed packages of wine or alcoholic beverages for which all applicable taxes have been paid; and
(B) A licensee may serve a sample of wine to a patron or customer that does not exceed one ounce (1 oz.).
(3) The tax required by chapter 4, part 3 of this title shall be paid upon the normal sales price of any such packages of wines provided under this subsection (e).
(4) A restaurant or limited service restaurant may sell beer for consumption off premises upon meeting the requirements of § 57-5-101(c)(2) .
(5) [Expired effective July 1, 2023. See the Compiler's Notes.]
(f) Method of Sale. Sales of wine and alcoholic beverages by licensees hereunder shall be conducted in the same manner as the sale of food is regularly conducted by such hotels, convention centers, premier type tourist resorts, restaurants, or clubs, except that no curb service of such beverages is lawful.
(g) Ownership of Alcoholic Beverages Sold. (1) It is a Class C misdemeanor for any licensee hereunder to sell or serve on the licensee's premises any wine or other alcoholic beverage unless such beverage is owned outright by the licensee. (2) It is unlawful for any person, firm or corporation to sell wine or other alcoholic beverage as authorized herein without complying with the applicable provisions of this chapter. (3) This subsection (g) shall not apply to events held by special occasion licensees who receive donated alcoholic beverages or beer.
(1) It is a Class C misdemeanor for any licensee hereunder to sell or serve on the licensee's premises any wine or other alcoholic beverage unless such beverage is owned outright by the licensee.
(2) It is unlawful for any person, firm or corporation to sell wine or other alcoholic beverage as authorized herein without complying with the applicable provisions of this chapter.
(3) This subsection (g) shall not apply to events held by special occasion licensees who receive donated alcoholic beverages or beer.
(h) Restrictions on Employment. No entity holding a license issued pursuant to § 57-4-101 shall employ any person in the serving of beer, wine or other alcoholic beverages who does not possess a server permit from the commission. It is made the duty of the licensee to see that each person dispensing or serving alcoholic beverages, wine or beer in the licensee's establishment possesses such a permit, which permit must be on the person of such employee or on the premises of the licensed establishment and subject to inspection by the commission or its duly authorized agent when the employee is engaged in the performance of that employee's duties for the licensee.
(i) Premises Must Be Licensed - Exception for Conventions, Social Gatherings and Catered Events. (1) (A) Except with respect to a caterer licensed under this chapter, it is unlawful for any person, firm, corporation, partnership, or association to allow the dispensing of alcoholic beverages except sacramental wines and beer, in any establishment unless such establishment is licensed under this title. (B) A violation of subdivision (i)(1)(A) is a Class B misdemeanor. (2) Bona fide conventions or meetings, however, may bring their own alcoholic beverages onto the licensed premises if the same beverages are served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. This section has no application to social gatherings in a private home or a private place which is not of a commercial nature or where goods or services may be purchased or sold or any charge or rent or other thing of value is exchanged for the use thereof, excepting it be for sleeping quarters. Nothing herein shall preclude the serving of alcoholic beverages to guests without cost in rooms or suites or banquet rooms of a hotel or club licensed pursuant to this chapter. (3) A restaurant, hotel, or caterer holding a valid catering license may sell or distribute wine, beer, and other alcoholic beverages at social or commercial events, catered by the restaurant, hotel, or caterer where the restaurant, hotel, or caterer is providing food service at such event; provided, that the restaurant, hotel, or caterer shall notify the commission as to the time, location and duration of the catered event before the commencement of the event. Nothing in this subdivision (i)(3) or chapter shall be interpreted to require a person who holds a valid caterer license under this chapter to also be licensed as a restaurant or hotel.
(1) (A) Except with respect to a caterer licensed under this chapter, it is unlawful for any person, firm, corporation, partnership, or association to allow the dispensing of alcoholic beverages except sacramental wines and beer, in any establishment unless such establishment is licensed under this title. (B) A violation of subdivision (i)(1)(A) is a Class B misdemeanor.
(A) Except with respect to a caterer licensed under this chapter, it is unlawful for any person, firm, corporation, partnership, or association to allow the dispensing of alcoholic beverages except sacramental wines and beer, in any establishment unless such establishment is licensed under this title.
(B) A violation of subdivision (i)(1)(A) is a Class B misdemeanor.
(2) Bona fide conventions or meetings, however, may bring their own alcoholic beverages onto the licensed premises if the same beverages are served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. This section has no application to social gatherings in a private home or a private place which is not of a commercial nature or where goods or services may be purchased or sold or any charge or rent or other thing of value is exchanged for the use thereof, excepting it be for sleeping quarters. Nothing herein shall preclude the serving of alcoholic beverages to guests without cost in rooms or suites or banquet rooms of a hotel or club licensed pursuant to this chapter.
(3) A restaurant, hotel, or caterer holding a valid catering license may sell or distribute wine, beer, and other alcoholic beverages at social or commercial events, catered by the restaurant, hotel, or caterer where the restaurant, hotel, or caterer is providing food service at such event; provided, that the restaurant, hotel, or caterer shall notify the commission as to the time, location and duration of the catered event before the commencement of the event. Nothing in this subdivision (i)(3) or chapter shall be interpreted to require a person who holds a valid caterer license under this chapter to also be licensed as a restaurant or hotel.
(j) Penalties Invoked. (1) Any person, firm or corporation who violates any provision of parts 1 and 2 of this chapter is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000); and, in the discretion of the court, imprisoned not less than thirty (30) days, nor more than six (6) months, and each violation constitutes a separate offense. (2) Any person, firm or corporation who shall sell wine or other alcoholic beverages for consumption on its premises except as authorized by parts 1 and 2 of this chapter is guilty of a misdemeanor and punishable as provided in this section. (3) Upon conviction of a second offense under this chapter, the permit of any licensee so convicted shall be automatically and permanently revoked. (4) Upon the second conviction of any person, firm, or corporation for violation of subdivision (b)(1), such person, firm, or corporation is guilty of a Class E felony. In addition, upon the second such conviction, the permit of such licensee shall be automatically and permanently revoked regardless of any other punishment actually imposed.
(1) Any person, firm or corporation who violates any provision of parts 1 and 2 of this chapter is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000); and, in the discretion of the court, imprisoned not less than thirty (30) days, nor more than six (6) months, and each violation constitutes a separate offense.
(2) Any person, firm or corporation who shall sell wine or other alcoholic beverages for consumption on its premises except as authorized by parts 1 and 2 of this chapter is guilty of a misdemeanor and punishable as provided in this section.
(3) Upon conviction of a second offense under this chapter, the permit of any licensee so convicted shall be automatically and permanently revoked.
(4) Upon the second conviction of any person, firm, or corporation for violation of subdivision (b)(1), such person, firm, or corporation is guilty of a Class E felony. In addition, upon the second such conviction, the permit of such licensee shall be automatically and permanently revoked regardless of any other punishment actually imposed.
(k) Purchases by Special Occasion Licensees. (1) No charitable, nonprofit or political organization possessing a special occasion license shall purchase for sale or distribution under such license any alcoholic beverages from any source other than a licensee under § 57-3-204 . This subsection (k) shall not apply to homemade wine made in the Swiss tradition by a member or members of a special occasion permit holder issued a license pursuant to § 57-4-102(34)(D) . The member may supply the wine notwithstanding the limitations of § 57-3-207(e) . (2) A charitable, nonprofit, or political organization, or any representative thereof, may accept donations of alcoholic beverages and beer from any licensee holding a license issued pursuant to § 57-3-202 , § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-3-605 or § 57-4-101 ; provided, that the charitable, nonprofit, or political organization serves or sells such alcoholic beverages and beer at an event conducted by the charitable, nonprofit, or political organization as a special occasion licensee.
(1) No charitable, nonprofit or political organization possessing a special occasion license shall purchase for sale or distribution under such license any alcoholic beverages from any source other than a licensee under § 57-3-204 . This subsection (k) shall not apply to homemade wine made in the Swiss tradition by a member or members of a special occasion permit holder issued a license pursuant to § 57-4-102(34)(D) . The member may supply the wine notwithstanding the limitations of § 57-3-207(e) .
(2) A charitable, nonprofit, or political organization, or any representative thereof, may accept donations of alcoholic beverages and beer from any licensee holding a license issued pursuant to § 57-3-202 , § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-3-605 or § 57-4-101 ; provided, that the charitable, nonprofit, or political organization serves or sells such alcoholic beverages and beer at an event conducted by the charitable, nonprofit, or political organization as a special occasion licensee.
(l) Commercial Airline Travel Clubs. A commercial airline travel club licensed under this chapter may provide complimentary drinks of wine and alcoholic beverages to its patrons, customers, and guests. Such commercial airline travel club must have a separate area, other than the gate and ticket areas, designated as a club area for use by its members. The tax required by part 3 of this chapter shall be paid upon the normal sales price of all such complimentary drinks of wine and alcoholic beverages provided under this subsection ( l ).
(m) Discounts. Nothing in this chapter shall prohibit a licensee from offering a discount in such manner as the licensee deems appropriate as long as the discount being offered is not below the cost paid by the licensee to purchase the alcoholic beverages from the retailer.
(n) Restrictions on Certain Limited Service Restaurant Licensees. Any establishment holding a license pursuant to § 57-4-301(b)(1)(W)(iv) shall not permit alcoholic beverages to be sold on sidewalks, streets, or alleys.
(o) Extension of Credit by Wholesalers to Retailers. (1) No wholesaler licensed under § 57-3-203 shall be permitted to extend credit of any retailer licensed under § 57-4-101 unless pursuant to this subsection (o). All amounts due to any wholesaler from all sales to such retailers shall be due upon delivery of the product. (2) Notwithstanding the limitations of subdivision (o)(1), wholesalers licensed under § 57-3-203 may extend credit to a retailer licensed under § 57-4-101 for a period not to exceed ten (10) days from the date of the delivery of the product; provided, the payment is effected by electronic funds transfer or escrow prepayment. (3) It shall create a rebuttable presumption that a retailer licensed under § 57-4-101 is not financially responsible under § 57-3-104(c)(10) if the retailer fails to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period. Upon being advised by any wholesaler licensed under § 57-3-203 twice within a twelve-month period that a retailer has failed to comply with the applicable credit terms, the commission shall set a hearing as soon as practicable at its next available meeting to determine whether the retailer can rebut the presumption created by this subdivision (o)(3). Upon a finding that the retailer is not financially responsible under § 57-3-104(c)(10) , the commission may issue a fine, suspend or revoke the license, or make any other order it deems appropriate. (4) Notwithstanding any law to the contrary, the commission is authorized to issue a citation in an amount not to exceed five hundred dollars ($500) per violation against any retailer licensed under § 57-4-101 if, upon investigation, the commission finds that the retailer has failed to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period.
(1) No wholesaler licensed under § 57-3-203 shall be permitted to extend credit of any retailer licensed under § 57-4-101 unless pursuant to this subsection (o). All amounts due to any wholesaler from all sales to such retailers shall be due upon delivery of the product.
(2) Notwithstanding the limitations of subdivision (o)(1), wholesalers licensed under § 57-3-203 may extend credit to a retailer licensed under § 57-4-101 for a period not to exceed ten (10) days from the date of the delivery of the product; provided, the payment is effected by electronic funds transfer or escrow prepayment.
(3) It shall create a rebuttable presumption that a retailer licensed under § 57-4-101 is not financially responsible under § 57-3-104(c)(10) if the retailer fails to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period. Upon being advised by any wholesaler licensed under § 57-3-203 twice within a twelve-month period that a retailer has failed to comply with the applicable credit terms, the commission shall set a hearing as soon as practicable at its next available meeting to determine whether the retailer can rebut the presumption created by this subdivision (o)(3). Upon a finding that the retailer is not financially responsible under § 57-3-104(c)(10) , the commission may issue a fine, suspend or revoke the license, or make any other order it deems appropriate.
(4) Notwithstanding any law to the contrary, the commission is authorized to issue a citation in an amount not to exceed five hundred dollars ($500) per violation against any retailer licensed under § 57-4-101 if, upon investigation, the commission finds that the retailer has failed to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period.
Amended by 2024 Tenn. Acts, ch. 865,s 3, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 451, Secs.s 2, s 3 eff. 5/14/2021; Section 5 of the Act provides: "The provisions contained in this act terminate on July 1, 2023, and the law in effect prior to this act's effective date must be restored."
Amended by 2021 Tenn. Acts, ch. 187, s 2, eff. 4/20/2021.
Amended by 2018 Tenn. Acts, ch. 755, s 2, eff. 4/18/2018.
Amended by 2017 Tenn. Acts, ch. 371, s 2, eff. 5/11/2017.
Amended by 2017 Tenn. Acts, ch. 147, Secs.s 3, s 4, s 5, s 6 eff. 4/17/2017.
Amended by 2015 Tenn. Acts, ch. 369, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 1015,s 10, eff. 4/16/2014.
Amended by 2014 Tenn. Acts, ch. 1001,s 6, eff. 5/22/2014.
Amended by 2014 Tenn. Acts, ch. 915, s 3, eff. 5/13/2014.
Amended by 2013 Tenn. Acts, ch. 386, s 2, eff. 5/14/2013.
Acts 1967, ch. 211, § 1; 1969, ch. 336, § 1; 1970, ch. 451, § 2; 1971, ch. 224, § 1; 1972, ch. 612, § 9; 1972, ch. 682, § 4; 1972, ch. 756, § 5; 1973, ch. 397; 1975, ch. 277, § 1; 1975, ch. 340, § 1; 1979, ch. 256, § 1; 1979, ch. 377, § 1; 1979, ch. 401, § 4; 1979, ch. 413, §§ 3, 4; T.C.A., § 57-156; Acts 1980, ch. 771, § 3; 1981, ch. 153, § 1; 1981, ch. 404, § 3; 1982, ch. 877, §§ 2, 3; 1983, ch. 454, §§ 2, 3; 1983, ch. 469, §§ 6, 7; 1984, ch. 569, § 1; 1984, ch. 975, §§ 6, 7; 1984, ch. 1006, § 3; 1986, ch. 697, § 1; 1986, ch. 788, § 1; 1986, ch. 899, §§ 7, 8; 1987, ch. 96, § 1; 1987, ch. 444, §§ 1, 8, 9; 1988, ch. 944, § 1; 1989, ch. 427, § 1; 1989, ch. 591, §§ 63, 111, 112, 113; 1991, ch. 407, §§ 1, 2; 1991, ch. 473, §§ 2, 3; 1992, ch. 674, §§ 6, 7; 1994, ch. 550, § 1; 1995, ch. 93, § 1; 1995, ch. 214, § 2; 1995, ch. 396, § 6; 1998, ch. 795, §§ 2, 3; 1998, ch. 939, § 6; 2000, ch. 819, §§ 1, 2; 2001, ch. 74, § 4; 2001, ch. 161, § 1; 2001, ch. 310, § 1; 2002, ch. 832, § 2; 2006, ch. 900, § 3; 2007 , ch. 203, § 2; 2010 , ch. 1009, § 6; 2011 , ch. 231, § 1; 2012 , ch. 947, § 5; 2012 , ch. 968, §§ 7, 8.
Tenn. Code Ann. § 57-5-605 — TN Code / Title 57 / Chapter 5 / Section 57-5-605
Vendor certification - Rules and regulations - Monitoring and enforcing compliance - Statistical reports by beer boards and commission
Status: in_force

(a) A vendor who seeks certification as a responsible vendor shall provide to the commission, pursuant to procedures adopted by the commission, evidence of compliance with the requirements of this part. Upon satisfactory proof that the vendor has complied with the requirements, the commission shall certify the vendor as a responsible vendor. Certification as a responsible vendor shall be renewed every year. Responsible vendors may have their own training programs certified, or send their employees to any training program certified by the commission. (b) The commission shall adopt rules and regulations for monitoring compliance by responsible vendors and for revoking or suspending a responsible vendor's certification for noncompliance with this part. (c) The commission is authorized to monitor and enforce compliance with this part. The commission may impose fines on responsible vendors whose training programs fail to satisfy or maintain the requirements of this part or commission rules. The commission may further impose fines on vendors who hold themselves out as being a responsible vendor when in fact they do not hold that status. The commission may also impose fines on responsible vendors who willfully fail to comply with the requirements of this part. (d) Determination of compliance with the responsible vendor program is the sole province of the commission. (e) (1) As used in this subsection (e), "beer board" means the local legislative body or committee appointed by the local legislative body having authority to issue licenses or permits under this chapter. (2) To the extent the beer board has access to the information required pursuant to this subsection (e), the beer board shall file with the alcoholic beverage commission an annual statistical report by February 1 of each year based on the previous calendar year's information detailing the following: (A) The total number of beer permits or licenses issued by the beer board for off-premises consumption; (B) The number of violations for the sale of beer for off-premises consumption to a person under twenty-one (21) years of age resulting from: (i) A "sting" conducted pursuant to § 39-15-413 ; and (ii) Arrests made under conditions not related to a "sting"; (C) Whether the violation of subdivision (B) occurred at an establishment participating in the responsible vendor program; (D) Whether if a "sting" was conducted pursuant to § 39-15-413 at an establishment participating in the responsible vendor program, the underage person used in the "sting" was unsuccessful in making the purchase; (E) The type and number of violations other than the sale of beer for off-premises consumption to a person under twenty-one (21) years of age occurred at establishments selling beer for off-premises consumption; (F) The name of the license or permit holder at the location where the violation occurred; and (G) The specific penalty imposed by the beer board for each violation upon a finding that a violation occurred. (3) The alcoholic beverage commission shall compile the statistical information received from the beer boards and file a report with the state and local government committee of the senate and the state government committee of the house of representatives by March 15 of the year in which the report is received, together with recommendations for legislative changes related to the responsible vendor program, if any are recommended by the commission. (4) The report made pursuant to subdivision (3) shall be made available by the alcoholic beverage commission to any person filing a written request for a copy of the report. Amended by 2013 Tenn. Acts, ch. 236,s 68, eff. 4/19/2013. Acts 2006, ch. 864, § 6; 2012, ch. 964, § 1.
(a) A vendor who seeks certification as a responsible vendor shall provide to the commission, pursuant to procedures adopted by the commission, evidence of compliance with the requirements of this part. Upon satisfactory proof that the vendor has complied with the requirements, the commission shall certify the vendor as a responsible vendor. Certification as a responsible vendor shall be renewed every year. Responsible vendors may have their own training programs certified, or send their employees to any training program certified by the commission.
(b) The commission shall adopt rules and regulations for monitoring compliance by responsible vendors and for revoking or suspending a responsible vendor's certification for noncompliance with this part.
(c) The commission is authorized to monitor and enforce compliance with this part. The commission may impose fines on responsible vendors whose training programs fail to satisfy or maintain the requirements of this part or commission rules. The commission may further impose fines on vendors who hold themselves out as being a responsible vendor when in fact they do not hold that status. The commission may also impose fines on responsible vendors who willfully fail to comply with the requirements of this part.
(d) Determination of compliance with the responsible vendor program is the sole province of the commission.
(e) (1) As used in this subsection (e), "beer board" means the local legislative body or committee appointed by the local legislative body having authority to issue licenses or permits under this chapter. (2) To the extent the beer board has access to the information required pursuant to this subsection (e), the beer board shall file with the alcoholic beverage commission an annual statistical report by February 1 of each year based on the previous calendar year's information detailing the following: (A) The total number of beer permits or licenses issued by the beer board for off-premises consumption; (B) The number of violations for the sale of beer for off-premises consumption to a person under twenty-one (21) years of age resulting from: (i) A "sting" conducted pursuant to § 39-15-413 ; and (ii) Arrests made under conditions not related to a "sting"; (C) Whether the violation of subdivision (B) occurred at an establishment participating in the responsible vendor program; (D) Whether if a "sting" was conducted pursuant to § 39-15-413 at an establishment participating in the responsible vendor program, the underage person used in the "sting" was unsuccessful in making the purchase; (E) The type and number of violations other than the sale of beer for off-premises consumption to a person under twenty-one (21) years of age occurred at establishments selling beer for off-premises consumption; (F) The name of the license or permit holder at the location where the violation occurred; and (G) The specific penalty imposed by the beer board for each violation upon a finding that a violation occurred. (3) The alcoholic beverage commission shall compile the statistical information received from the beer boards and file a report with the state and local government committee of the senate and the state government committee of the house of representatives by March 15 of the year in which the report is received, together with recommendations for legislative changes related to the responsible vendor program, if any are recommended by the commission. (4) The report made pursuant to subdivision (3) shall be made available by the alcoholic beverage commission to any person filing a written request for a copy of the report.
(1) As used in this subsection (e), "beer board" means the local legislative body or committee appointed by the local legislative body having authority to issue licenses or permits under this chapter.
(2) To the extent the beer board has access to the information required pursuant to this subsection (e), the beer board shall file with the alcoholic beverage commission an annual statistical report by February 1 of each year based on the previous calendar year's information detailing the following: (A) The total number of beer permits or licenses issued by the beer board for off-premises consumption; (B) The number of violations for the sale of beer for off-premises consumption to a person under twenty-one (21) years of age resulting from: (i) A "sting" conducted pursuant to § 39-15-413 ; and (ii) Arrests made under conditions not related to a "sting"; (C) Whether the violation of subdivision (B) occurred at an establishment participating in the responsible vendor program; (D) Whether if a "sting" was conducted pursuant to § 39-15-413 at an establishment participating in the responsible vendor program, the underage person used in the "sting" was unsuccessful in making the purchase; (E) The type and number of violations other than the sale of beer for off-premises consumption to a person under twenty-one (21) years of age occurred at establishments selling beer for off-premises consumption; (F) The name of the license or permit holder at the location where the violation occurred; and (G) The specific penalty imposed by the beer board for each violation upon a finding that a violation occurred.
(A) The total number of beer permits or licenses issued by the beer board for off-premises consumption;
(B) The number of violations for the sale of beer for off-premises consumption to a person under twenty-one (21) years of age resulting from: (i) A "sting" conducted pursuant to § 39-15-413 ; and (ii) Arrests made under conditions not related to a "sting";
(i) A "sting" conducted pursuant to § 39-15-413 ; and
(ii) Arrests made under conditions not related to a "sting";
(C) Whether the violation of subdivision (B) occurred at an establishment participating in the responsible vendor program;
(D) Whether if a "sting" was conducted pursuant to § 39-15-413 at an establishment participating in the responsible vendor program, the underage person used in the "sting" was unsuccessful in making the purchase;
(E) The type and number of violations other than the sale of beer for off-premises consumption to a person under twenty-one (21) years of age occurred at establishments selling beer for off-premises consumption;
(F) The name of the license or permit holder at the location where the violation occurred; and
(G) The specific penalty imposed by the beer board for each violation upon a finding that a violation occurred.
(3) The alcoholic beverage commission shall compile the statistical information received from the beer boards and file a report with the state and local government committee of the senate and the state government committee of the house of representatives by March 15 of the year in which the report is received, together with recommendations for legislative changes related to the responsible vendor program, if any are recommended by the commission.
(4) The report made pursuant to subdivision (3) shall be made available by the alcoholic beverage commission to any person filing a written request for a copy of the report.
Amended by 2013 Tenn. Acts, ch. 236,s 68, eff. 4/19/2013.
Acts 2006, ch. 864, § 6; 2012, ch. 964, § 1.