Tenn. Code Ann. § 57-3-218 — TN Code / Title 57 / Chapter 3 / Section 57-3-218
Winemaking on premises facility license
Status: in_force

(a) A winemaking on premises facility license may be issued as provided in this section for a business, located in a jurisdiction where the establishment of a winery is permitted pursuant to § 57-3-207 , where individual customers who are twenty-one (21) years of age or older may purchase ingredients and rent the equipment, time, and space to manufacture wine, as defined in § 57-3-101 , for personal use in an amount not to exceed the maximum amount that a private individual in that person's own home may manufacture pursuant to § 57-3-207(e) . Any applicant for licensure under this section shall submit a verified, written application to the commission on the proper form authorized to be prescribed and furnished in this section, and the application may be granted by the commission, subject to the restrictions of this chapter. Subject to the limitations of subsection (b), any winemaking on premises facility license issued pursuant to this section shall authorize the holder of the license and the holder's customers to manufacture, but not rectify, wine, and the winemaking on premises facility license shall authorize the holder of the license and the holder's customers to place the wine in containers or bottles. (b) (1) Except for wine produced in the process of testing equipment or recipes, and producing samples to be distributed pursuant to subdivision (b)(2), a license holder shall not personally manufacture wine that is not intended for the personal use of the license holder on the premises of the winemaking on premises facility. Nothing in this subdivision (b)(1) shall be construed to prohibit a license holder from assisting the license holder's customers who are engaged in the manufacture of wine on the premises of the facility. (2) A winemaking on premises facility licensed under this section may serve wine that is produced on the premises of the facility without charge as complimentary samples for tasting at the facility. Samples may be consumed at the premises only by a person who has a nonrefundable contract to manufacture at the premises, and the samples may not exceed one ounce (1 oz.) per sample. All wine produced at a winemaking on premises facility shall be removed from the premises by the customer or license holder who manufactured the wine and may only be used for home consumption and the personal use of the customer or license holder. (c) Each applicant for a winemaking on premises facility license issued pursuant to this section shall pay to the commission a one-time, nonrefundable fee in an amount to be determined by the commission when the application is submitted for review. The license shall not be issued until a license fee in an amount to be determined by the commission is paid to the commission by the winemaking on premises facility, but issuance of the license is exempt from the requirements of § 57-3-106 . The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission. (d) A winemaking on premises facility licensed under this section located in this state is authorized to sell the following items on the facility premises: (1) Juices or concentrates derived from juices, or any agricultural products; (2) Items used in home winemaking; and (3) Other gift, tourism, or wine-related items as defined by regulations duly promulgated by the commission. (e) Any wine transported from a winemaking on premises facility pursuant to this section must be accompanied by a bill of lading or other memorandum of shipment signed by the license holder for the facility where the wine was manufactured sufficiently identifying the nature, quantity, manufacturer, date and place of manufacture of the wine. Any person transporting such wine in excess of five gallons (5 gals.) shall have with the shipment a receipt or other documentation demonstrating that the wine was manufactured by the individual who is transporting the wine at a winemaking on premises facility as licensed in this section. (f) Any licensee or other person who sells, furnishes, disposes of, gives or causes to be sold, furnished, disposed of or given, any wine in this state or for transport into this state, to any person under the age of majority as established by § 57-4-203(b) , commits a Class A misdemeanor. (g) The commission is empowered and authorized to promulgate such rules and regulations as may be necessary to carry out the duties of the commission as provided in this section, including, but not limited to, procedures governing the production and transportation of wine. (h) It is the duty of the commissioner of agriculture to establish reasonable procedures requiring proper sanitary conditions about the winemaking on premises facility and to certify that these conditions have been met before the commission issues any license. The commissioner shall establish reasonable procedures requiring the process of manufacturing wine in a winemaking on premises facility to be carried on under proper sanitary conditions and in a sanitary manner; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winemaking on premises facility. (i) If any provision of this section or application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end the provisions of this section are declared to be severable. Acts 2011, ch. 451, § 2.
(a) A winemaking on premises facility license may be issued as provided in this section for a business, located in a jurisdiction where the establishment of a winery is permitted pursuant to § 57-3-207 , where individual customers who are twenty-one (21) years of age or older may purchase ingredients and rent the equipment, time, and space to manufacture wine, as defined in § 57-3-101 , for personal use in an amount not to exceed the maximum amount that a private individual in that person's own home may manufacture pursuant to § 57-3-207(e) . Any applicant for licensure under this section shall submit a verified, written application to the commission on the proper form authorized to be prescribed and furnished in this section, and the application may be granted by the commission, subject to the restrictions of this chapter. Subject to the limitations of subsection (b), any winemaking on premises facility license issued pursuant to this section shall authorize the holder of the license and the holder's customers to manufacture, but not rectify, wine, and the winemaking on premises facility license shall authorize the holder of the license and the holder's customers to place the wine in containers or bottles.
(b) (1) Except for wine produced in the process of testing equipment or recipes, and producing samples to be distributed pursuant to subdivision (b)(2), a license holder shall not personally manufacture wine that is not intended for the personal use of the license holder on the premises of the winemaking on premises facility. Nothing in this subdivision (b)(1) shall be construed to prohibit a license holder from assisting the license holder's customers who are engaged in the manufacture of wine on the premises of the facility. (2) A winemaking on premises facility licensed under this section may serve wine that is produced on the premises of the facility without charge as complimentary samples for tasting at the facility. Samples may be consumed at the premises only by a person who has a nonrefundable contract to manufacture at the premises, and the samples may not exceed one ounce (1 oz.) per sample. All wine produced at a winemaking on premises facility shall be removed from the premises by the customer or license holder who manufactured the wine and may only be used for home consumption and the personal use of the customer or license holder.
(1) Except for wine produced in the process of testing equipment or recipes, and producing samples to be distributed pursuant to subdivision (b)(2), a license holder shall not personally manufacture wine that is not intended for the personal use of the license holder on the premises of the winemaking on premises facility. Nothing in this subdivision (b)(1) shall be construed to prohibit a license holder from assisting the license holder's customers who are engaged in the manufacture of wine on the premises of the facility.
(2) A winemaking on premises facility licensed under this section may serve wine that is produced on the premises of the facility without charge as complimentary samples for tasting at the facility. Samples may be consumed at the premises only by a person who has a nonrefundable contract to manufacture at the premises, and the samples may not exceed one ounce (1 oz.) per sample. All wine produced at a winemaking on premises facility shall be removed from the premises by the customer or license holder who manufactured the wine and may only be used for home consumption and the personal use of the customer or license holder.
(c) Each applicant for a winemaking on premises facility license issued pursuant to this section shall pay to the commission a one-time, nonrefundable fee in an amount to be determined by the commission when the application is submitted for review. The license shall not be issued until a license fee in an amount to be determined by the commission is paid to the commission by the winemaking on premises facility, but issuance of the license is exempt from the requirements of § 57-3-106 . The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission.
(d) A winemaking on premises facility licensed under this section located in this state is authorized to sell the following items on the facility premises: (1) Juices or concentrates derived from juices, or any agricultural products; (2) Items used in home winemaking; and (3) Other gift, tourism, or wine-related items as defined by regulations duly promulgated by the commission.
(1) Juices or concentrates derived from juices, or any agricultural products;
(2) Items used in home winemaking; and
(3) Other gift, tourism, or wine-related items as defined by regulations duly promulgated by the commission.
(e) Any wine transported from a winemaking on premises facility pursuant to this section must be accompanied by a bill of lading or other memorandum of shipment signed by the license holder for the facility where the wine was manufactured sufficiently identifying the nature, quantity, manufacturer, date and place of manufacture of the wine. Any person transporting such wine in excess of five gallons (5 gals.) shall have with the shipment a receipt or other documentation demonstrating that the wine was manufactured by the individual who is transporting the wine at a winemaking on premises facility as licensed in this section.
(f) Any licensee or other person who sells, furnishes, disposes of, gives or causes to be sold, furnished, disposed of or given, any wine in this state or for transport into this state, to any person under the age of majority as established by § 57-4-203(b) , commits a Class A misdemeanor.
(g) The commission is empowered and authorized to promulgate such rules and regulations as may be necessary to carry out the duties of the commission as provided in this section, including, but not limited to, procedures governing the production and transportation of wine.
(h) It is the duty of the commissioner of agriculture to establish reasonable procedures requiring proper sanitary conditions about the winemaking on premises facility and to certify that these conditions have been met before the commission issues any license. The commissioner shall establish reasonable procedures requiring the process of manufacturing wine in a winemaking on premises facility to be carried on under proper sanitary conditions and in a sanitary manner; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winemaking on premises facility.
(i) If any provision of this section or application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end the provisions of this section are declared to be severable.
Acts 2011, ch. 451, § 2.
Tenn. Code Ann. § 57-2-109 — TN Code / Title 57 / Chapter 2 / Section 57-2-109
Adoption of ordinance to prohibit construction or operation of licensed manufacturer under Section 57-3-202 - Applicability
Status: in_force

Any city with a population of no less than five thousand eight hundred seventy (5,870) and no greater than five thousand eight hundred seventy-nine (5,879), according to the 2010 federal census or any subsequent federal census may adopt an ordinance to prohibit the construction or operation of any licensed manufacturer in § 57-3-202 within one thousand feet (1,000') of the state right-of-way of U.S. Highway 441 within the corporate limits of such city. This section shall not affect any licensed manufacturer in operation and open to the public before or on March 24, 2016. Added by 2016 Tenn. Acts, ch. 695, s 1, eff. 3/24/2016.
Any city with a population of no less than five thousand eight hundred seventy (5,870) and no greater than five thousand eight hundred seventy-nine (5,879), according to the 2010 federal census or any subsequent federal census may adopt an ordinance to prohibit the construction or operation of any licensed manufacturer in § 57-3-202 within one thousand feet (1,000') of the state right-of-way of U.S. Highway 441 within the corporate limits of such city. This section shall not affect any licensed manufacturer in operation and open to the public before or on March 24, 2016.
Added by 2016 Tenn. Acts, ch. 695, s 1, eff. 3/24/2016.
Tenn. Code Ann. § 57-5-604 — TN Code / Title 57 / Chapter 5 / Section 57-5-604
Authority of commission
Status: in_force

The commission shall have the authority to approve all responsible vendor training programs. The commission shall establish requirements and guidelines for responsible vendor training programs and vendor and clerk certifications. The commission shall establish and keep a master list of certified clerks and clerks not eligible for certification. Acts 2006, ch. 864, § 5.
The commission shall have the authority to approve all responsible vendor training programs. The commission shall establish requirements and guidelines for responsible vendor training programs and vendor and clerk certifications. The commission shall establish and keep a master list of certified clerks and clerks not eligible for certification.
Acts 2006, ch. 864, § 5.
Tenn. Code Ann. § 57-3-104 — TN Code / Title 57 / Chapter 3 / Section 57-3-104
Enforcement and administration by commission - Licensing procedures
Status: in_force

(a) The commission shall have the authority, by and with the consent of the governor, to employ such attorneys, inspectors, agents, officers and clerical assistance as may be necessary for the effective administration and enforcement of this chapter. The compensation of such personnel shall be approved by the governor. (b) The commission shall enforce and administer this chapter and the rules and regulations made by it. (c) The commission shall have and exercise the following functions, duties and powers: (1) Issue all licenses in respect to, or for the manufacture, importation, bottling, keeping, giving away, furnishing, possession, transportation, sale, and delivery of alcoholic beverages, and to revoke any license whatsoever, the issuance of which is authorized by this chapter; (A) Any revocation of any license shall be made by the commission only on account of the violation of, or refusal to comply with, any of this chapter or any rule or regulation of the commission, after not less than ten (10) days' notice to the holder of the license proposed to be revoked, informing such licensee of the time and place of the hearing to be held in respect thereto, and all further procedure with reference to the revocation of any license shall be fixed and prescribed in the rules and regulations adopted and promulgated by the commission, which may be repealed or amended from time to time; (B) No person has a property right in any license issued hereunder, nor shall the license itself, or the enjoyment thereof, be considered a property right; (C) The commission shall hold a hearing to determine whether such license shall be revoked, which hearing shall be held with the same notice and in the same manner as all other hearings provided for under this chapter, whenever: (i) Any county mayor, if a license has been issued outside the corporate limits of the municipality and outside a civil district meeting the requirements set out in § 57-3-205 ; (ii) A majority of a three-member commission which has been set up as provided in § 57-3-108 , if a license has been issued within a civil district meeting the requirements set out in § 57-3-205 ; or (iii) The mayor or majority of the commission, city council or legislative council of a municipality within which a license has been issued certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter; (2) Refuse to issue a license or permit if, upon investigation, the commission finds that the applicant for a license or permit has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning the operation of the business or employment, or if the interest of the applicant in the operation of the business or employment is not truly stated in the application, or in case of any fraud or false swearing by the applicant touching any matter relating to the operation of the business or employment. If a license or permit has been issued, the commission shall issue a citation to the licensee or permittee to show cause why the license or permit should not be suspended or revoked. All data, written statements, affidavits, evidence or other documents submitted in support of an application are a part of the application; (3) Summon any applicant for a license or permit and also to summon and examine witnesses, and to administer oaths to such applicants and witnesses in making any investigation in regard thereto; (4) Make, promulgate, alter, amend, or repeal rules and regulations for the enforcement of this chapter or the collections of all license fees and taxes, and all penalties and forfeitures relating thereto, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue; (5) Prescribe all forms of application and licenses and tax stamps, and of all reports and all other papers and documents required to be used under or in the enforcement of this chapter, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue; (6) Prevent parts of the premises connected with or in any sense used in connection with the premises, whereon the possession, transportation, delivery, receipt, sale or purchase of alcoholic beverages may be lawful, from being used as a subterfuge, or means of evading this chapter or the rules and regulations of the commission; (7) Conform to, adopt, or coordinate, to the extent that the commission may deem proper, the practices, methods, standards, rules, and regulations governing traffic in alcoholic beverages, and in alcohol, with the rules, practices, standards, and regulations established by the government of the United States, or any officer, bureau or agency thereof; (8) Require, on licensed premises, the destruction or removal of any and all bottles, whether empty or otherwise, cases, containers, apparatus, or devices, used or likely to be used, designed or intended or employed in evading, violating or preventing the enforcement of this chapter or the rules and regulations of the commission; (9) Regulate the advertising, signs and displays, posters or designs intended to advertise any alcoholic beverage or the place where the same is sold; and (10) Refuse to issue or renew a license or permit, or issue a citation in an amount not to exceed one hundred dollars ($100) per violation if, upon investigation, the commission finds that the applicant for a license or permit has not demonstrated the financial capacity to operate the business in a manner consistent with the regulations of the commission or is not generally paying its debts as they come due except for debts as to which there is a bona fide dispute. Amended by 2017 Tenn. Acts, ch. 147, s 2, eff. 4/17/2017. Amended by 2014 Tenn. Acts, ch. 1015,s 6, eff. 4/16/2014. Acts 1939, ch. 49, § 4; 1945, ch. 167, § 1; 1947, ch. 73, § 2; 1949, ch. 284, § 2; C. Supp. 1950, § 6648.7; Acts 1951, ch. 52, § 1; impl. am. Acts 1963, ch. 257, §§ 11, 33; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 57-109; Acts 1981, ch. 474, § 2.
(a) The commission shall have the authority, by and with the consent of the governor, to employ such attorneys, inspectors, agents, officers and clerical assistance as may be necessary for the effective administration and enforcement of this chapter. The compensation of such personnel shall be approved by the governor.
(b) The commission shall enforce and administer this chapter and the rules and regulations made by it.
(c) The commission shall have and exercise the following functions, duties and powers: (1) Issue all licenses in respect to, or for the manufacture, importation, bottling, keeping, giving away, furnishing, possession, transportation, sale, and delivery of alcoholic beverages, and to revoke any license whatsoever, the issuance of which is authorized by this chapter; (A) Any revocation of any license shall be made by the commission only on account of the violation of, or refusal to comply with, any of this chapter or any rule or regulation of the commission, after not less than ten (10) days' notice to the holder of the license proposed to be revoked, informing such licensee of the time and place of the hearing to be held in respect thereto, and all further procedure with reference to the revocation of any license shall be fixed and prescribed in the rules and regulations adopted and promulgated by the commission, which may be repealed or amended from time to time; (B) No person has a property right in any license issued hereunder, nor shall the license itself, or the enjoyment thereof, be considered a property right; (C) The commission shall hold a hearing to determine whether such license shall be revoked, which hearing shall be held with the same notice and in the same manner as all other hearings provided for under this chapter, whenever: (i) Any county mayor, if a license has been issued outside the corporate limits of the municipality and outside a civil district meeting the requirements set out in § 57-3-205 ; (ii) A majority of a three-member commission which has been set up as provided in § 57-3-108 , if a license has been issued within a civil district meeting the requirements set out in § 57-3-205 ; or (iii) The mayor or majority of the commission, city council or legislative council of a municipality within which a license has been issued certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter; (2) Refuse to issue a license or permit if, upon investigation, the commission finds that the applicant for a license or permit has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning the operation of the business or employment, or if the interest of the applicant in the operation of the business or employment is not truly stated in the application, or in case of any fraud or false swearing by the applicant touching any matter relating to the operation of the business or employment. If a license or permit has been issued, the commission shall issue a citation to the licensee or permittee to show cause why the license or permit should not be suspended or revoked. All data, written statements, affidavits, evidence or other documents submitted in support of an application are a part of the application; (3) Summon any applicant for a license or permit and also to summon and examine witnesses, and to administer oaths to such applicants and witnesses in making any investigation in regard thereto; (4) Make, promulgate, alter, amend, or repeal rules and regulations for the enforcement of this chapter or the collections of all license fees and taxes, and all penalties and forfeitures relating thereto, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue; (5) Prescribe all forms of application and licenses and tax stamps, and of all reports and all other papers and documents required to be used under or in the enforcement of this chapter, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue; (6) Prevent parts of the premises connected with or in any sense used in connection with the premises, whereon the possession, transportation, delivery, receipt, sale or purchase of alcoholic beverages may be lawful, from being used as a subterfuge, or means of evading this chapter or the rules and regulations of the commission; (7) Conform to, adopt, or coordinate, to the extent that the commission may deem proper, the practices, methods, standards, rules, and regulations governing traffic in alcoholic beverages, and in alcohol, with the rules, practices, standards, and regulations established by the government of the United States, or any officer, bureau or agency thereof; (8) Require, on licensed premises, the destruction or removal of any and all bottles, whether empty or otherwise, cases, containers, apparatus, or devices, used or likely to be used, designed or intended or employed in evading, violating or preventing the enforcement of this chapter or the rules and regulations of the commission; (9) Regulate the advertising, signs and displays, posters or designs intended to advertise any alcoholic beverage or the place where the same is sold; and (10) Refuse to issue or renew a license or permit, or issue a citation in an amount not to exceed one hundred dollars ($100) per violation if, upon investigation, the commission finds that the applicant for a license or permit has not demonstrated the financial capacity to operate the business in a manner consistent with the regulations of the commission or is not generally paying its debts as they come due except for debts as to which there is a bona fide dispute.
(1) Issue all licenses in respect to, or for the manufacture, importation, bottling, keeping, giving away, furnishing, possession, transportation, sale, and delivery of alcoholic beverages, and to revoke any license whatsoever, the issuance of which is authorized by this chapter; (A) Any revocation of any license shall be made by the commission only on account of the violation of, or refusal to comply with, any of this chapter or any rule or regulation of the commission, after not less than ten (10) days' notice to the holder of the license proposed to be revoked, informing such licensee of the time and place of the hearing to be held in respect thereto, and all further procedure with reference to the revocation of any license shall be fixed and prescribed in the rules and regulations adopted and promulgated by the commission, which may be repealed or amended from time to time; (B) No person has a property right in any license issued hereunder, nor shall the license itself, or the enjoyment thereof, be considered a property right; (C) The commission shall hold a hearing to determine whether such license shall be revoked, which hearing shall be held with the same notice and in the same manner as all other hearings provided for under this chapter, whenever: (i) Any county mayor, if a license has been issued outside the corporate limits of the municipality and outside a civil district meeting the requirements set out in § 57-3-205 ; (ii) A majority of a three-member commission which has been set up as provided in § 57-3-108 , if a license has been issued within a civil district meeting the requirements set out in § 57-3-205 ; or (iii) The mayor or majority of the commission, city council or legislative council of a municipality within which a license has been issued certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter;
(A) Any revocation of any license shall be made by the commission only on account of the violation of, or refusal to comply with, any of this chapter or any rule or regulation of the commission, after not less than ten (10) days' notice to the holder of the license proposed to be revoked, informing such licensee of the time and place of the hearing to be held in respect thereto, and all further procedure with reference to the revocation of any license shall be fixed and prescribed in the rules and regulations adopted and promulgated by the commission, which may be repealed or amended from time to time;
(B) No person has a property right in any license issued hereunder, nor shall the license itself, or the enjoyment thereof, be considered a property right;
(C) The commission shall hold a hearing to determine whether such license shall be revoked, which hearing shall be held with the same notice and in the same manner as all other hearings provided for under this chapter, whenever: (i) Any county mayor, if a license has been issued outside the corporate limits of the municipality and outside a civil district meeting the requirements set out in § 57-3-205 ; (ii) A majority of a three-member commission which has been set up as provided in § 57-3-108 , if a license has been issued within a civil district meeting the requirements set out in § 57-3-205 ; or (iii) The mayor or majority of the commission, city council or legislative council of a municipality within which a license has been issued certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter;
(i) Any county mayor, if a license has been issued outside the corporate limits of the municipality and outside a civil district meeting the requirements set out in § 57-3-205 ;
(ii) A majority of a three-member commission which has been set up as provided in § 57-3-108 , if a license has been issued within a civil district meeting the requirements set out in § 57-3-205 ; or
(iii) The mayor or majority of the commission, city council or legislative council of a municipality within which a license has been issued certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter;
certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter;
(2) Refuse to issue a license or permit if, upon investigation, the commission finds that the applicant for a license or permit has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning the operation of the business or employment, or if the interest of the applicant in the operation of the business or employment is not truly stated in the application, or in case of any fraud or false swearing by the applicant touching any matter relating to the operation of the business or employment. If a license or permit has been issued, the commission shall issue a citation to the licensee or permittee to show cause why the license or permit should not be suspended or revoked. All data, written statements, affidavits, evidence or other documents submitted in support of an application are a part of the application;
(3) Summon any applicant for a license or permit and also to summon and examine witnesses, and to administer oaths to such applicants and witnesses in making any investigation in regard thereto;
(4) Make, promulgate, alter, amend, or repeal rules and regulations for the enforcement of this chapter or the collections of all license fees and taxes, and all penalties and forfeitures relating thereto, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue;
(5) Prescribe all forms of application and licenses and tax stamps, and of all reports and all other papers and documents required to be used under or in the enforcement of this chapter, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue;
(6) Prevent parts of the premises connected with or in any sense used in connection with the premises, whereon the possession, transportation, delivery, receipt, sale or purchase of alcoholic beverages may be lawful, from being used as a subterfuge, or means of evading this chapter or the rules and regulations of the commission;
(7) Conform to, adopt, or coordinate, to the extent that the commission may deem proper, the practices, methods, standards, rules, and regulations governing traffic in alcoholic beverages, and in alcohol, with the rules, practices, standards, and regulations established by the government of the United States, or any officer, bureau or agency thereof;
(8) Require, on licensed premises, the destruction or removal of any and all bottles, whether empty or otherwise, cases, containers, apparatus, or devices, used or likely to be used, designed or intended or employed in evading, violating or preventing the enforcement of this chapter or the rules and regulations of the commission;
(9) Regulate the advertising, signs and displays, posters or designs intended to advertise any alcoholic beverage or the place where the same is sold; and
(10) Refuse to issue or renew a license or permit, or issue a citation in an amount not to exceed one hundred dollars ($100) per violation if, upon investigation, the commission finds that the applicant for a license or permit has not demonstrated the financial capacity to operate the business in a manner consistent with the regulations of the commission or is not generally paying its debts as they come due except for debts as to which there is a bona fide dispute.
Amended by 2017 Tenn. Acts, ch. 147, s 2, eff. 4/17/2017.
Amended by 2014 Tenn. Acts, ch. 1015,s 6, eff. 4/16/2014.
Acts 1939, ch. 49, § 4; 1945, ch. 167, § 1; 1947, ch. 73, § 2; 1949, ch. 284, § 2; C. Supp. 1950, § 6648.7; Acts 1951, ch. 52, § 1; impl. am. Acts 1963, ch. 257, §§ 11, 33; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 57-109; Acts 1981, ch. 474, § 2.
Tenn. Code Ann. § 57-3-207 — TN Code / Title 57 / Chapter 3 / Section 57-3-207
Grape and Wine Law
Status: in_force

(a) This section shall be known and may be cited as the "Grape and Wine Law." This section shall prevail over any conflicting statutory provision. (b) A winery license may be issued as provided in this section for the manufacture of wine, and as described in subsection (u), through the normal alcoholic fermentation of grapes and other suitable agricultural products, upon a verified, written application to the commission on the proper form authorized to be prescribed and furnished in this section, and the application may be granted by the commission, subject to the restrictions of this chapter. A winery licensed under this section may also blend wine manufactured by the winery with other wine, fortified wine, distilled wine, or non-alcoholic products; provided, that the winery does not add to the wine distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine. The winery license authorizes the holder of the license to place the wine in containers or bottles. Out-of-state residents may apply for and obtain a winery license issued in accordance with this section. (c) Each applicant for a winery license issued pursuant to this section 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. The license shall not be issued until a license fee of one hundred fifty dollars ($150) is paid to the commission by the winery, but issuance of the license is exempt from the requirements of § 57-3-106 . The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission. (d) No winery license shall be issued except to persons who have not been convicted, and whose officers and principals have not been convicted, within a period of five (5) years preceding application of any felony or any violation of any state or federal laws relating to alcoholic beverages. (e) Notwithstanding this section, a private individual in that person's own home may manufacture wine in an amount not in excess of that amount annually permitted as of March 22, 1973, by federal statute and regulations relative to household manufacture and consumption; provided, that the wine is for personal consumption by members of that person's household. (f) (1) A winery licensed under this section may, to the extent permitted under federal law, serve wine, with or without charge, as samples for tasting on the premises at the winery and may sell wine at retail in sealed containers at the winery. (2) A winery licensed under this section may donate wine without charge to nonprofit religious, educational or charitable institutions or associations. (3) For purposes of this section, "premises" means any and all of the real property owned or leased by the winery. (g) A winery licensed under this section may exchange wine in bulk with other wineries and the bulk exchange, whether in return for wine or other consideration, shall not be considered a sale subject to tax. (h) (1) In addition to its own wine, a winery or farm winery permit holder is authorized to sell at retail items related to or incidental to the use, consumption, dispensing, or storage of wine on the licensed premises. Such items may include, but are not limited to: (A) Juices or concentrates derived from juices, or any agricultural products; (B) Items used in home winemaking; (C) Gift or tourism related items including baskets or gift cards; (D) Utensils and supplies related or incidental to the use, consumption, dispensing or storage of wine, including, without limitation, wine glasses, corkscrews, beverage strainers, pourers, flasks, jiggers, stirrers, wine racks, wine refrigerators, wine cellars, pouring aids, coasters, bottle stoppers, decanters, carafes, glassware, ice crushers, bottle openers, can openers, and devices to maximize oxidation in uncorked wine bottles and other items used in connection with the consumption, storage, or dispensing of wine; (E) Fruit, cheese, appetizers, chips, pretzels, and other snack foods or food items served to pair with wine; (F) Nonalcoholic beverages; (G) Ice, beverage coolers, and ice chests; (H) Articles of clothing, accessories, and souvenir items imprinted with advertising, logos, slogans, trademarks, or messages related to wine or the winery's name; (I) Smoking or tobacco related products; and (J) Wine literature, cookbooks, or periodicals. (2) (A) A winery or farm winery permit holder is not authorized to sell at retail: (i) Alcoholic beverages other than wine, and as described in subsection (u); (ii) Except as otherwise provided in subsection (v), wine that is not manufactured or bottled on the licensed premises, or in the case of a farm winery permit holder, wine that was not made pursuant to subsection (o); or (iii) Beer. (B) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a license pursuant to § 57-4-101 , as authorized by subsection (s), and engaging in the activities permitted under such license. (C) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a beer license for on-premises consumption and engaging in the activities permitted under such license. (3) (A) A winery licensed under this section that satisfies the requirements of subdivision (h)(3)(B) may sell alcoholic beverages on the premises of the winery if the label of the alcoholic beverage product sold contains the name of the winery or is so intrinsically related to the property upon which the winery is located as to be identified as a product of or created for the winery. (B) A winery exercising the rights conferred by subdivision (h)(3)(A) must satisfy the following requirements: (i) The winery is located on a tract or tracts of land having at least twenty-four (24) contiguous acres; (ii) The winery is located on property adjacent to a federal highway; (iii) The winery is located on property with a commercial railroad track not more than two hundred fifty feet (250') from the nearest property line; (iv) The winery is located on property with a structure that was originally constructed prior to 1860 as a private residence; (v) The winery is located on property that is leased or owned by a not-for-profit corporation exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ; and (vi) The winery is located on property located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (i) A winery licensed under this section located in this state may sell no more than five (5) cases or sixty (60) liters of wine to any single retail customer in one (1) day. It shall be legal for any purchaser of wine from a winery licensed under this section to transport into and within this state no more than five (5) cases or sixty (60) liters of wine in one (1) day. Any wine transported pursuant to this section must be accompanied by a bill of sale sufficiently identifying the nature, quantity, purchaser, date and place of purchase of the wine. Bills of sale purchased from out-of-state wineries licensed under this section must reflect that the wine was purchased for transport into this state and that Tennessee taxes have been paid. Any person transporting such wine in excess of five gallons (5 gals.) shall have with the shipment a receipt or other documentation demonstrating that the wine was purchased from a winery as licensed in this section. (j) Any licensee or other person who sells, furnishes, disposes of, gives or causes to be sold, furnished, disposed of or given, any wine in this state or for transport into this state, to any person under the age of majority as established by § 57-4-203(b) , commits a Class A misdemeanor. (k) The commission is empowered and authorized to promulgate such rules and regulations as may be necessary to carry out the duties of the commission as provided in this section, including, but not limited to, procedures governing the production, sale and transportation of wine. The commissioner of revenue shall establish procedures governing the keeping of records for tax purposes and the payment of taxes by a winery licensed under this section; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winery. (l) It is the duty of the commissioner of agriculture to disseminate the best information available as to the methods of cultivation of crops that may be utilized in Tennessee for the production of wine and the methods of making such wines. It is also the duty of the commissioner to establish reasonable procedures requiring proper sanitary conditions about the winery and to certify that these conditions have been met before the commission issues any license. The commissioner shall establish reasonable procedures requiring the process of producing wine to be carried on under proper sanitary conditions and in a sanitary manner; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winery. (m) (1) Any nonprofit association organized to encourage and support grape growing and winemaking with ten (10) or more wineries licensed under this section as members shall be allowed to hold not more than twelve (12) wine festivals per calendar year. Each festival shall not exceed a period of seventy-two (72) hours. (2) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport, serve and offer complimentary samples of their wines for tasting at the festival. The complimentary sample size shall be restricted to a one ounce (1 oz.) serving with only one (1) sample per person for each type of wine. (3) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport wine produced by that winery to sell at the festival for consumption off-premises. (4) (A) Any nonprofit association authorized by this subsection (m) to hold a wine festival shall apply for a special occasion license as defined in § 57-4-102 , in order for participating wineries licensed under this section to serve complimentary samples as described in subdivision (m)(2) and to sell wine produced by the wineries for consumption off-premises. (B) Notwithstanding § 57-4-102(34)(A) , a special occasion license issued for a wine festival authorized by this subsection (m) shall be for the duration of the festival for which application is made for a period not to exceed seventy-two (72) hours. A special occasion license issued pursuant to this subsection (m) shall only be available upon the payment of the fee as required by law for each separate day of the festival. (C) A nonprofit association authorized to conduct a wine festival pursuant to this subsection (m) shall be permitted to hold the festival in any municipality or county of the state in the manner provided in subdivision (m)(5). (5) A nonprofit association, as defined in subdivision (m)(1), is authorized to conduct a wine festival pursuant to this subsection (m) in a municipality or county of this state that has approved the sale of alcoholic beverages or has a licensed winery located in that municipality or county, subject to complying with all permit requirements of the municipality or county, and in all other municipalities or counties upon receiving approval of the legislative body of the municipality or county to hold such a festival at a location and in such manner authorized by such legislative body. (n) If any provision of this section or application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end the provisions of this section are declared to be severable. (o) (1) As used in this subsection (o): (A) "Farm" means a farming operation located in Tennessee consisting of commercial vineyards, fruit orchards or fruit gardens or any combination of such farming operations; (B) "Farm wine producer" means a farm which produces its own locally grown product from a vineyard, fruit orchard or fruit garden or any combination of such farming operations to be used in the making of wine; and (C) "Wine" means an alcoholic beverage containing a minimum of ninety-five percent (95%) of the product of vineyards, fruit orchards or fruit gardens grown and harvested at a farm as the wine being sold by the farm wine producer. (2) A farm wine permit may be issued as provided in this subsection (o) to a farm wine producer, upon verified, written application to the commission on the proper form authorized to be prescribed and furnished by the commission, and the application may be granted by the commission, subject to the further restrictions of this chapter, other than § 57-3-106 . (3) Each applicant for a farm wine permit 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. The permit shall not be issued until a permit fee of one hundred fifty dollars ($150) is paid to the commission by the farm wine producer, but issuance of the permit is exempt from the requirements of § 57-3-106 . The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission. (4) The holder of a farm wine permit may: (A) Transport or have transported produce grown on the farm to a winery licensed pursuant to subsection (b), for the manufacture, bottling and labeling of wine from such produce; (B) Receive such wine back from the winery manufacturing, bottling and labeling the wine for the farm wine producer; (C) Offer on the premises of the farm single servings of its wine, with or without charge, as tastings for each wine sample; and (D) Sell at retail on the premises of the farm sealed containers of wine made from the produce of its vineyard, orchard or fruit garden in a designated building or area. (5) Subsections (d), (h), (i), (j), (m), (n), and (q) which apply to wineries shall also apply to farm wine permittees. (p) (1) A winery licensed under this section is authorized to receive produce from a farm wine producer grown on the farm for the purpose of manufacturing, bottling and labeling of wine for such producer. The wine label shall indicate the name of the farm where the fruit was grown and harvested and the name of the winery manufacturing, bottling and labeling such wine. (2) Such winery shall be responsible for the payment of the state gallonage tax imposed pursuant to § 57-3-302 and the federal alcoholic beverage excise taxes due and owing on the wine bottled by the winery prior to the bottled wine leaving the winery's bonded premises. (3) The winery is authorized to transport the wine from the winery back to the farm wine permit holder, notwithstanding § 57-3-107(b) or any other law to the contrary. It is lawful for common carriers to transport from the winery which manufactured, bottled and labeled such wine to the farm permit holder pursuant to an agreement or contract with a licensed winery. (q) (1) A winery licensed under this section that has a total annual wine production of fifty thousand gallons (50,000 gals.) or less shall be authorized to obtain an additional self-distribution permit from the commission subject to the obligations imposed in this subsection (q). (2) No self-distribution permit shall be issued to or held by a winery that has registered a distribution contract with a wholesaler licensed pursuant to § 57-3-203 , if the terms of that contract include distribution rights for a county that is located, in whole or in part, within one hundred (100) miles of the licensed winery where the wine being distributed has been manufactured, produced, or bottled. Any winery holding a self-distribution permit that registers such a distribution contract with a wholesaler or whose total output in a calendar year exceeds fifty thousand gallons (50,000 gals.) shall cease self-distributing its wine under subdivision (q)(3) and shall promptly surrender the winery's self-distribution permit. (3) A winery seeking a self-distribution permit under this subsection (q) may distribute not more than three thousand (3,000) cases of wine manufactured, produced, or bottled on the winery's premises to any licensee holding a license issued pursuant to chapter 4, part 1 of this title, located within one hundred (100) miles of the winery's premises where such wine has been manufactured, produced, or bottled. (4) A winery engaged in self-distribution under this section shall be responsible for all taxes and records which are imposed upon a wholesaler under § 57-3-203 which result from any direct sales under this subsection (q). (5) The commission shall impose no additional fee or charge for the issuance of a self-distribution permit under this section. (r) (1) For purposes of this subsection (r), "satellite facility" means any facility or location other than the primary business location of a winery or farm wine producer. (2) Any winery or any farm wine producer licensed by this section may conduct business at any two (2) satellite facilities in any jurisdiction where it is lawful to manufacture intoxicating liquors or intoxicating drinks pursuant to § 57-2-103(c) and (d) . At its satellite facilities, the winery may conduct any business that is authorized at the licensed winery, except for the manufacturing and bottling of wine. At its satellite facilities, a farm wine producer may conduct any business that is authorized at the premises of the farm wine producer. (3) (A) Any winery licensed by this section or any farm wine producer shall obtain a satellite permit for each satellite facility utilized by the winery or farm wine producer from the commission in order to: (i) Serve samples with or without charge; (ii) Sell wine for consumption on or off the permitted premises; and (iii) Sell any other products under subsections (h) and (o). (B) In addition to the permit authorized in subdivision (r)(3)(A), any winery licensed under this section that pays taxes under § 57-3-302(a) at its licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year or any farm wine producer licensed under this section may qualify for a satellite permit to authorize no more than three (3) such wineries, farm wine producers, or any combination thereof, to conduct business at one (1) satellite facility. (C) Any violation of any rule or statute by a satellite facility shall be deemed to be a violation by any winery or farm winery producer that participates in a satellite facility. (D) Any winery or farm winery producer, seeking to establish or operate a satellite facility shall disclose to the commission each winery or farm winery producer participating in the satellite facility. Any participant in a satellite facility shall provide any information requested by the commission prior to participating in the satellite facility. (4) A satellite permit issued to a winery or farm wine producer pursuant to this subsection (r) shall only be available upon the payment of a one-time application fee to the commission of three hundred dollars ($300) per satellite location and upon the payment of an annual license fee of one hundred fifty dollars ($150). (5) Any winery or farm wine producer licensed under this section that has obtained a satellite permit and elects to charge consumers for samples may only sell such samples that are manufactured by the winery or farm wine producer. (6) (A) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on more than fifty thousand gallons (50,000 gals.) of wine during a calendar year and that operate a satellite facility shall obtain wine provided at their satellite facilities from a wholesaler licensed pursuant to § 57-3-203 . The wholesaler may permit the winery or farm wine producer to transport wine or finished wine product from the winery or the farm to its satellite facilities; provided, that the wholesaler includes the amounts delivered in its inventory, reports depletions for purposes of tax collection, and is responsible for the payment of taxes on such depletions. (B) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year are not required to obtain wine provided at their satellite facilities from a wholesaler. Wineries may transport wine or finished wine product from their wineries to their satellite facilities. Wineries may transport wine made from produce from farm wine producers to the producers' satellite facilities. Farm wine producers may transport wine from their farm to their satellite facilities. (C) Wine and finished wine product sold for consumption on the premises at the satellite facilities are subject to the same taxation as wine sold for consumption on the premises at the winery or on the premises of the farm wine producer. (s) (1) Any winery or farm wine producer licensed pursuant to this section may qualify for and hold a license under chapter 4 of this title as a restaurant or limited service restaurant; provided, that notwithstanding chapter 4 of this title related to restrictions or prohibitions on licensees under chapter 4 of this title, a restaurant or limited service restaurant may sell for off-premises consumption, wine manufactured pursuant to this section at such location or at any other restaurant or limited service restaurant licensed under chapter 4 of this title that is owned by the same person. (2) Notwithstanding any law, rule, or regulation to the contrary, any winery or farm wine producer licensed under this section may serve wine manufactured by the winery or the farm wine producer for consumption on the premises of the winery or farm wine producer. (t) (1) Except as provided in subdivision (t)(2), any sale of wine authorized by this section for consumption on the premises at the winery or on the premises of the farm wine producer shall be subject to taxation pursuant to § 57-4-301(c) in addition to any sales tax which is due. The taxes shall be paid and collected in the manner prescribed by § 57-4-301 and the rules of the department of revenue promulgated under the authority of that section. (2) Nothing in this section authorizes the collection of taxes pursuant to § 57-4-301(c) for the sale of wine: (A) As samples for tasting, with or without charge, for consumption on the premises; or (B) At retail in sealed containers for consumption on the premises to the extent permitted under federal law. (u) Notwithstanding the term "wine" as defined in §§ 57-3-101 , 57-3-802 , and 57-4-102 , wineries and farm wine producers licensed under this section may label and advertise wine made from apples as cider, apple cider, or hard cider; provided, that nothing in this subsection (u) shall affect the marketing of cider products distributed as beer by wholesalers permitted under § 57-5-103 . (v) Notwithstanding any other law to the contrary, a winery or farm wine permit holder may purchase or import finished wine product from another winery in this state or another state in an amount not to exceed, in the aggregate, fifty thousand gallons (50,000 gals.) per year. A winery or farm wine permit holder that purchases or imports finished wine product under this subdivision (v)(1) may sell, distribute, serve for the purposes of samples or tastings, or otherwise use or dispose of such product in any manner that the winery or farm wine permit holder is authorized to use or dispose of wine under this section that is manufactured, bottled, or produced by the winery or farm wine permit holder. (w) As used in this section, "finished wine product" means any wine product that is ready for use by an end user and that bears the label of the winery or farm wine permit holder that purchased or imported the finished wine product under subsection (v). (x) Wholesalers utilized by wineries or farm wine producers may permit wineries and farm wine producers to transport their products for sale, which are sold on the premises of the winery, the farm wine producer, or the satellite facility; provided, that the wholesaler permitting such direct shipment shall include the amounts delivered in its inventory, report depletions for purposes of tax collection, and be responsible for the payment of taxes on such depletions. (y) (1) A winery licensed under this section may enter into an alternating proprietorship agreement with one (1) or more wineries, subject to the restrictions of this subsection (y). (2) Parties to an alternating proprietorship agreement may alternate the use of a bonded or general premises, or both, or part of a bonded or general premises, or both, for the purpose of manufacturing and warehousing wine. (3) A winery that is a party to an alternating proprietorship agreement shall maintain a room or separate area of the general premises that is exclusively occupied by that winery and that does not alternate with another winery. There is no size requirement for this exclusive premises. (4) Each winery that is a party to an alternating proprietorship agreement shall individually receive approval of the agreement from the commission and shall receive any required approvals from the Alcohol and Tobacco Tax and Trade Bureau (TTB), prior to commencing operations at the general premises. (5) A winery seeking approval for an alternating proprietorship agreement shall submit to the commission: (A) A description of the areas, equipment, resources, rooms, or buildings, or combination of areas, equipment, resources, rooms, or buildings, that will alternate between wineries; (B) Diagrams of the parts of the general premises that will and will not alternate between wineries; (C) A copy of the written alternating proprietorship agreement between wineries; and (D) An acknowledgement from each winery that they will maintain adequate records that track the premises that alternate between wineries. Such records are subject to inspection by the commission upon request. (6) The commission may require additional information under this subsection (y) that is necessary for the commission to verify compliance with this chapter 3 and other applicable laws. (7) Only the winery participating in an alternating proprietorship agreement that is the property owner or primary lessee of the general premises may exercise retail rights and privileges under this subsection (y). If there are two (2) or more wineries that are property owners or are primary lessees, only one (1) winery may exercise the retail rights and privileges under this subsection (y). (8) (A) The wineries that are parties to an alternating proprietorship agreement must not be owned by the same individual or entity or by substantially similar ownership. (B) As used in this subdivision (y)(8), "substantially similar ownership" includes, but is not limited to: (i) An individual who owns more than a forty percent (40%) interest in each of the two (2) or more wineries that are parties to the alternating proprietorship agreement; (ii) An individual who owns a winery that is a party to the alternating proprietorship agreement whose spouse is the owner of another winery that is a party to the agreement; or (iii) A winery that is a party to the alternating proprietorship agreement that is owned by a trust that is for the benefit of an owner of another winery that is a party to the agreement, or the owner's spouse or children. (z) Wineries and farm wine producers may have their wine distilled, blended, or fortified with distilled wine spirits made from their wine by manufacturers and may receive from manufacturers the wine created by such distilling, blending, or fortifying, and such distilled, blended, or fortified wine is the sole property of the winery or farm wine producer; provided, that no distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine, were added to the wine. Wineries and farm wine producers may also sell wine to manufacturers licensed pursuant to § 57-3-202 , and such wine, and a product that may result from the blending, distilling, or fortifying of such wine by the manufacturer, is the sole property of the manufacturer. The manufacturer, winery, or farm wine producer may transport the wine from the winery or farm wine producer and may transport the distilled, blended, or fortified wine owned by the winery or farm wine producer back to the winery or farm wine producer; provided, that no distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine, were added to the wine. The transactions are not subject to taxation. (aa) (1) Notwithstanding another law to the contrary, a winery or farm wine producer in this state may electronically store all documentation and paperwork required to be maintained by the commission. The commission shall accept an electronic copy of documents and paperwork for purposes of an inspection of the licensee or permittee or verification of compliance with this chapter. If a licensee or permittee stores documentation or paperwork electronically, all information necessary to verify the validity of the license, permit, document, or other paperwork must be legible and verifiable in the electronic copy. (2) Notwithstanding § 57-3-213 , wineries and farm wine producers that hold two (2) or more licenses or permits issued under this chapter that require yearly renewal, regardless of type, may choose the expiration date for the licenses and permits as long as the expiration date chosen is less than twelve (12) months from the date the license or permit is issued or renewed. The license fee for the license or permit issued for less than twelve (12) months must be prorated according to the duration of the license. Amended by 2023 Tenn. Acts, ch. 406, s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 131, Secs.s 3, s 4, s 5, s 6 eff. 4/4/2023. Amended by 2023 Tenn. Acts, ch. 95, s 2, eff. 3/31/2023. Amended by 2019 Tenn. Acts, ch. 74, s 1, s 2, s 3, s 4, s 5 eff. 3/28/2019. Amended by 2017 Tenn. Acts, ch. 411, s 1, eff. 5/18/2017. Amended by 2017 Tenn. Acts, ch. 373, s 1, s 2 eff. 5/11/2017. Amended by 2017 Tenn. Acts, ch. 269, s 1, s 2, s 3, s 4, s 5 eff. 5/4/2017. Amended by 2016 Tenn. Acts, ch. 687, s 1, eff. 5/1/2016. Amended by 2016 Tenn. Acts, ch. 857, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 467, s 1, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 451, s 1, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 366, s 1, eff. 5/4/2015. Amended by 2015 Tenn. Acts, ch. 270, s 1, eff. 4/24/2015. Amended by 2014 Tenn. Acts, ch. 1015,s 5, eff. 4/16/2014. Amended by 2014 Tenn. Acts, ch. 1015,s 4, eff. 4/16/2014. Amended by 2014 Tenn. Acts, ch. 1015,s 3, eff. 4/16/2014. Amended by 2014 Tenn. Acts, ch. 1015,s 2, eff. 4/16/2014. Amended by 2014 Tenn. Acts, ch. 1015,s 1, eff. 4/16/2014. Amended by 2014 Tenn. Acts, ch. 817, s 1, eff. 4/29/2014. Acts 1939, ch. 49, § 9; 1949, ch. 284, §§ 4, 5; C. Supp. 1950, § 6648.14 (Williams, § 6648.12); impl. am. Acts 1963, ch. 257, § 23; Acts 1973, ch. 8, § 1; 1977, ch. 126, §§ 1, 2; T.C.A. (orig. ed.), § 57-120; Acts 1983, ch. 59, § 1; 1983, ch. 229, §§ 1-3; 1985, ch. 386, §§ 1, 3, 4; 1988, ch. 580, §§ 1-3; 1991, ch. 292, § 1; 1995, ch. 151, § 1; 2001, ch. 163, §§ 1 - 3; 2004, ch. 876, § 2; 2006, ch. 826, § 1; 2007 , ch. 433, §§ 1, 2; 2009 , ch. 273, § 1; 2009 , ch. 434, § 4; 2012 , ch. 691, § 1.
(a) This section shall be known and may be cited as the "Grape and Wine Law." This section shall prevail over any conflicting statutory provision.
(b) A winery license may be issued as provided in this section for the manufacture of wine, and as described in subsection (u), through the normal alcoholic fermentation of grapes and other suitable agricultural products, upon a verified, written application to the commission on the proper form authorized to be prescribed and furnished in this section, and the application may be granted by the commission, subject to the restrictions of this chapter. A winery licensed under this section may also blend wine manufactured by the winery with other wine, fortified wine, distilled wine, or non-alcoholic products; provided, that the winery does not add to the wine distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine. The winery license authorizes the holder of the license to place the wine in containers or bottles. Out-of-state residents may apply for and obtain a winery license issued in accordance with this section.
(c) Each applicant for a winery license issued pursuant to this section 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. The license shall not be issued until a license fee of one hundred fifty dollars ($150) is paid to the commission by the winery, but issuance of the license is exempt from the requirements of § 57-3-106 . The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission.
(d) No winery license shall be issued except to persons who have not been convicted, and whose officers and principals have not been convicted, within a period of five (5) years preceding application of any felony or any violation of any state or federal laws relating to alcoholic beverages.
(e) Notwithstanding this section, a private individual in that person's own home may manufacture wine in an amount not in excess of that amount annually permitted as of March 22, 1973, by federal statute and regulations relative to household manufacture and consumption; provided, that the wine is for personal consumption by members of that person's household.
(f) (1) A winery licensed under this section may, to the extent permitted under federal law, serve wine, with or without charge, as samples for tasting on the premises at the winery and may sell wine at retail in sealed containers at the winery. (2) A winery licensed under this section may donate wine without charge to nonprofit religious, educational or charitable institutions or associations. (3) For purposes of this section, "premises" means any and all of the real property owned or leased by the winery.
(1) A winery licensed under this section may, to the extent permitted under federal law, serve wine, with or without charge, as samples for tasting on the premises at the winery and may sell wine at retail in sealed containers at the winery.
(2) A winery licensed under this section may donate wine without charge to nonprofit religious, educational or charitable institutions or associations.
(3) For purposes of this section, "premises" means any and all of the real property owned or leased by the winery.
(g) A winery licensed under this section may exchange wine in bulk with other wineries and the bulk exchange, whether in return for wine or other consideration, shall not be considered a sale subject to tax.
(h) (1) In addition to its own wine, a winery or farm winery permit holder is authorized to sell at retail items related to or incidental to the use, consumption, dispensing, or storage of wine on the licensed premises. Such items may include, but are not limited to: (A) Juices or concentrates derived from juices, or any agricultural products; (B) Items used in home winemaking; (C) Gift or tourism related items including baskets or gift cards; (D) Utensils and supplies related or incidental to the use, consumption, dispensing or storage of wine, including, without limitation, wine glasses, corkscrews, beverage strainers, pourers, flasks, jiggers, stirrers, wine racks, wine refrigerators, wine cellars, pouring aids, coasters, bottle stoppers, decanters, carafes, glassware, ice crushers, bottle openers, can openers, and devices to maximize oxidation in uncorked wine bottles and other items used in connection with the consumption, storage, or dispensing of wine; (E) Fruit, cheese, appetizers, chips, pretzels, and other snack foods or food items served to pair with wine; (F) Nonalcoholic beverages; (G) Ice, beverage coolers, and ice chests; (H) Articles of clothing, accessories, and souvenir items imprinted with advertising, logos, slogans, trademarks, or messages related to wine or the winery's name; (I) Smoking or tobacco related products; and (J) Wine literature, cookbooks, or periodicals. (2) (A) A winery or farm winery permit holder is not authorized to sell at retail: (i) Alcoholic beverages other than wine, and as described in subsection (u); (ii) Except as otherwise provided in subsection (v), wine that is not manufactured or bottled on the licensed premises, or in the case of a farm winery permit holder, wine that was not made pursuant to subsection (o); or (iii) Beer. (B) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a license pursuant to § 57-4-101 , as authorized by subsection (s), and engaging in the activities permitted under such license. (C) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a beer license for on-premises consumption and engaging in the activities permitted under such license. (3) (A) A winery licensed under this section that satisfies the requirements of subdivision (h)(3)(B) may sell alcoholic beverages on the premises of the winery if the label of the alcoholic beverage product sold contains the name of the winery or is so intrinsically related to the property upon which the winery is located as to be identified as a product of or created for the winery. (B) A winery exercising the rights conferred by subdivision (h)(3)(A) must satisfy the following requirements: (i) The winery is located on a tract or tracts of land having at least twenty-four (24) contiguous acres; (ii) The winery is located on property adjacent to a federal highway; (iii) The winery is located on property with a commercial railroad track not more than two hundred fifty feet (250') from the nearest property line; (iv) The winery is located on property with a structure that was originally constructed prior to 1860 as a private residence; (v) The winery is located on property that is leased or owned by a not-for-profit corporation exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ; and (vi) The winery is located on property located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(1) In addition to its own wine, a winery or farm winery permit holder is authorized to sell at retail items related to or incidental to the use, consumption, dispensing, or storage of wine on the licensed premises. Such items may include, but are not limited to: (A) Juices or concentrates derived from juices, or any agricultural products; (B) Items used in home winemaking; (C) Gift or tourism related items including baskets or gift cards; (D) Utensils and supplies related or incidental to the use, consumption, dispensing or storage of wine, including, without limitation, wine glasses, corkscrews, beverage strainers, pourers, flasks, jiggers, stirrers, wine racks, wine refrigerators, wine cellars, pouring aids, coasters, bottle stoppers, decanters, carafes, glassware, ice crushers, bottle openers, can openers, and devices to maximize oxidation in uncorked wine bottles and other items used in connection with the consumption, storage, or dispensing of wine; (E) Fruit, cheese, appetizers, chips, pretzels, and other snack foods or food items served to pair with wine; (F) Nonalcoholic beverages; (G) Ice, beverage coolers, and ice chests; (H) Articles of clothing, accessories, and souvenir items imprinted with advertising, logos, slogans, trademarks, or messages related to wine or the winery's name; (I) Smoking or tobacco related products; and (J) Wine literature, cookbooks, or periodicals.
(A) Juices or concentrates derived from juices, or any agricultural products;
(B) Items used in home winemaking;
(C) Gift or tourism related items including baskets or gift cards;
(D) Utensils and supplies related or incidental to the use, consumption, dispensing or storage of wine, including, without limitation, wine glasses, corkscrews, beverage strainers, pourers, flasks, jiggers, stirrers, wine racks, wine refrigerators, wine cellars, pouring aids, coasters, bottle stoppers, decanters, carafes, glassware, ice crushers, bottle openers, can openers, and devices to maximize oxidation in uncorked wine bottles and other items used in connection with the consumption, storage, or dispensing of wine;
(E) Fruit, cheese, appetizers, chips, pretzels, and other snack foods or food items served to pair with wine;
(F) Nonalcoholic beverages;
(G) Ice, beverage coolers, and ice chests;
(H) Articles of clothing, accessories, and souvenir items imprinted with advertising, logos, slogans, trademarks, or messages related to wine or the winery's name;
(I) Smoking or tobacco related products; and
(J) Wine literature, cookbooks, or periodicals.
(2) (A) A winery or farm winery permit holder is not authorized to sell at retail: (i) Alcoholic beverages other than wine, and as described in subsection (u); (ii) Except as otherwise provided in subsection (v), wine that is not manufactured or bottled on the licensed premises, or in the case of a farm winery permit holder, wine that was not made pursuant to subsection (o); or (iii) Beer. (B) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a license pursuant to § 57-4-101 , as authorized by subsection (s), and engaging in the activities permitted under such license. (C) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a beer license for on-premises consumption and engaging in the activities permitted under such license.
(A) A winery or farm winery permit holder is not authorized to sell at retail: (i) Alcoholic beverages other than wine, and as described in subsection (u); (ii) Except as otherwise provided in subsection (v), wine that is not manufactured or bottled on the licensed premises, or in the case of a farm winery permit holder, wine that was not made pursuant to subsection (o); or (iii) Beer.
(i) Alcoholic beverages other than wine, and as described in subsection (u);
(ii) Except as otherwise provided in subsection (v), wine that is not manufactured or bottled on the licensed premises, or in the case of a farm winery permit holder, wine that was not made pursuant to subsection (o); or
(iii) Beer.
(B) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a license pursuant to § 57-4-101 , as authorized by subsection (s), and engaging in the activities permitted under such license.
(C) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a beer license for on-premises consumption and engaging in the activities permitted under such license.
(3) (A) A winery licensed under this section that satisfies the requirements of subdivision (h)(3)(B) may sell alcoholic beverages on the premises of the winery if the label of the alcoholic beverage product sold contains the name of the winery or is so intrinsically related to the property upon which the winery is located as to be identified as a product of or created for the winery. (B) A winery exercising the rights conferred by subdivision (h)(3)(A) must satisfy the following requirements: (i) The winery is located on a tract or tracts of land having at least twenty-four (24) contiguous acres; (ii) The winery is located on property adjacent to a federal highway; (iii) The winery is located on property with a commercial railroad track not more than two hundred fifty feet (250') from the nearest property line; (iv) The winery is located on property with a structure that was originally constructed prior to 1860 as a private residence; (v) The winery is located on property that is leased or owned by a not-for-profit corporation exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ; and (vi) The winery is located on property located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(A) A winery licensed under this section that satisfies the requirements of subdivision (h)(3)(B) may sell alcoholic beverages on the premises of the winery if the label of the alcoholic beverage product sold contains the name of the winery or is so intrinsically related to the property upon which the winery is located as to be identified as a product of or created for the winery.
(B) A winery exercising the rights conferred by subdivision (h)(3)(A) must satisfy the following requirements: (i) The winery is located on a tract or tracts of land having at least twenty-four (24) contiguous acres; (ii) The winery is located on property adjacent to a federal highway; (iii) The winery is located on property with a commercial railroad track not more than two hundred fifty feet (250') from the nearest property line; (iv) The winery is located on property with a structure that was originally constructed prior to 1860 as a private residence; (v) The winery is located on property that is leased or owned by a not-for-profit corporation exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ; and (vi) The winery is located on property located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(i) The winery is located on a tract or tracts of land having at least twenty-four (24) contiguous acres;
(ii) The winery is located on property adjacent to a federal highway;
(iii) The winery is located on property with a commercial railroad track not more than two hundred fifty feet (250') from the nearest property line;
(iv) The winery is located on property with a structure that was originally constructed prior to 1860 as a private residence;
(v) The winery is located on property that is leased or owned by a not-for-profit corporation exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ; and
(vi) The winery is located on property located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(i) A winery licensed under this section located in this state may sell no more than five (5) cases or sixty (60) liters of wine to any single retail customer in one (1) day. It shall be legal for any purchaser of wine from a winery licensed under this section to transport into and within this state no more than five (5) cases or sixty (60) liters of wine in one (1) day. Any wine transported pursuant to this section must be accompanied by a bill of sale sufficiently identifying the nature, quantity, purchaser, date and place of purchase of the wine. Bills of sale purchased from out-of-state wineries licensed under this section must reflect that the wine was purchased for transport into this state and that Tennessee taxes have been paid. Any person transporting such wine in excess of five gallons (5 gals.) shall have with the shipment a receipt or other documentation demonstrating that the wine was purchased from a winery as licensed in this section.
(j) Any licensee or other person who sells, furnishes, disposes of, gives or causes to be sold, furnished, disposed of or given, any wine in this state or for transport into this state, to any person under the age of majority as established by § 57-4-203(b) , commits a Class A misdemeanor.
(k) The commission is empowered and authorized to promulgate such rules and regulations as may be necessary to carry out the duties of the commission as provided in this section, including, but not limited to, procedures governing the production, sale and transportation of wine. The commissioner of revenue shall establish procedures governing the keeping of records for tax purposes and the payment of taxes by a winery licensed under this section; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winery.
(l) It is the duty of the commissioner of agriculture to disseminate the best information available as to the methods of cultivation of crops that may be utilized in Tennessee for the production of wine and the methods of making such wines. It is also the duty of the commissioner to establish reasonable procedures requiring proper sanitary conditions about the winery and to certify that these conditions have been met before the commission issues any license. The commissioner shall establish reasonable procedures requiring the process of producing wine to be carried on under proper sanitary conditions and in a sanitary manner; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winery.
(m) (1) Any nonprofit association organized to encourage and support grape growing and winemaking with ten (10) or more wineries licensed under this section as members shall be allowed to hold not more than twelve (12) wine festivals per calendar year. Each festival shall not exceed a period of seventy-two (72) hours. (2) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport, serve and offer complimentary samples of their wines for tasting at the festival. The complimentary sample size shall be restricted to a one ounce (1 oz.) serving with only one (1) sample per person for each type of wine. (3) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport wine produced by that winery to sell at the festival for consumption off-premises. (4) (A) Any nonprofit association authorized by this subsection (m) to hold a wine festival shall apply for a special occasion license as defined in § 57-4-102 , in order for participating wineries licensed under this section to serve complimentary samples as described in subdivision (m)(2) and to sell wine produced by the wineries for consumption off-premises. (B) Notwithstanding § 57-4-102(34)(A) , a special occasion license issued for a wine festival authorized by this subsection (m) shall be for the duration of the festival for which application is made for a period not to exceed seventy-two (72) hours. A special occasion license issued pursuant to this subsection (m) shall only be available upon the payment of the fee as required by law for each separate day of the festival. (C) A nonprofit association authorized to conduct a wine festival pursuant to this subsection (m) shall be permitted to hold the festival in any municipality or county of the state in the manner provided in subdivision (m)(5). (5) A nonprofit association, as defined in subdivision (m)(1), is authorized to conduct a wine festival pursuant to this subsection (m) in a municipality or county of this state that has approved the sale of alcoholic beverages or has a licensed winery located in that municipality or county, subject to complying with all permit requirements of the municipality or county, and in all other municipalities or counties upon receiving approval of the legislative body of the municipality or county to hold such a festival at a location and in such manner authorized by such legislative body.
(1) Any nonprofit association organized to encourage and support grape growing and winemaking with ten (10) or more wineries licensed under this section as members shall be allowed to hold not more than twelve (12) wine festivals per calendar year. Each festival shall not exceed a period of seventy-two (72) hours.
(2) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport, serve and offer complimentary samples of their wines for tasting at the festival. The complimentary sample size shall be restricted to a one ounce (1 oz.) serving with only one (1) sample per person for each type of wine.
(3) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport wine produced by that winery to sell at the festival for consumption off-premises.
(4) (A) Any nonprofit association authorized by this subsection (m) to hold a wine festival shall apply for a special occasion license as defined in § 57-4-102 , in order for participating wineries licensed under this section to serve complimentary samples as described in subdivision (m)(2) and to sell wine produced by the wineries for consumption off-premises. (B) Notwithstanding § 57-4-102(34)(A) , a special occasion license issued for a wine festival authorized by this subsection (m) shall be for the duration of the festival for which application is made for a period not to exceed seventy-two (72) hours. A special occasion license issued pursuant to this subsection (m) shall only be available upon the payment of the fee as required by law for each separate day of the festival. (C) A nonprofit association authorized to conduct a wine festival pursuant to this subsection (m) shall be permitted to hold the festival in any municipality or county of the state in the manner provided in subdivision (m)(5).
(A) Any nonprofit association authorized by this subsection (m) to hold a wine festival shall apply for a special occasion license as defined in § 57-4-102 , in order for participating wineries licensed under this section to serve complimentary samples as described in subdivision (m)(2) and to sell wine produced by the wineries for consumption off-premises.
(B) Notwithstanding § 57-4-102(34)(A) , a special occasion license issued for a wine festival authorized by this subsection (m) shall be for the duration of the festival for which application is made for a period not to exceed seventy-two (72) hours. A special occasion license issued pursuant to this subsection (m) shall only be available upon the payment of the fee as required by law for each separate day of the festival.
(C) A nonprofit association authorized to conduct a wine festival pursuant to this subsection (m) shall be permitted to hold the festival in any municipality or county of the state in the manner provided in subdivision (m)(5).
(5) A nonprofit association, as defined in subdivision (m)(1), is authorized to conduct a wine festival pursuant to this subsection (m) in a municipality or county of this state that has approved the sale of alcoholic beverages or has a licensed winery located in that municipality or county, subject to complying with all permit requirements of the municipality or county, and in all other municipalities or counties upon receiving approval of the legislative body of the municipality or county to hold such a festival at a location and in such manner authorized by such legislative body.
(n) If any provision of this section or application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end the provisions of this section are declared to be severable.
(o) (1) As used in this subsection (o): (A) "Farm" means a farming operation located in Tennessee consisting of commercial vineyards, fruit orchards or fruit gardens or any combination of such farming operations; (B) "Farm wine producer" means a farm which produces its own locally grown product from a vineyard, fruit orchard or fruit garden or any combination of such farming operations to be used in the making of wine; and (C) "Wine" means an alcoholic beverage containing a minimum of ninety-five percent (95%) of the product of vineyards, fruit orchards or fruit gardens grown and harvested at a farm as the wine being sold by the farm wine producer. (2) A farm wine permit may be issued as provided in this subsection (o) to a farm wine producer, upon verified, written application to the commission on the proper form authorized to be prescribed and furnished by the commission, and the application may be granted by the commission, subject to the further restrictions of this chapter, other than § 57-3-106 . (3) Each applicant for a farm wine permit 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. The permit shall not be issued until a permit fee of one hundred fifty dollars ($150) is paid to the commission by the farm wine producer, but issuance of the permit is exempt from the requirements of § 57-3-106 . The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission. (4) The holder of a farm wine permit may: (A) Transport or have transported produce grown on the farm to a winery licensed pursuant to subsection (b), for the manufacture, bottling and labeling of wine from such produce; (B) Receive such wine back from the winery manufacturing, bottling and labeling the wine for the farm wine producer; (C) Offer on the premises of the farm single servings of its wine, with or without charge, as tastings for each wine sample; and (D) Sell at retail on the premises of the farm sealed containers of wine made from the produce of its vineyard, orchard or fruit garden in a designated building or area. (5) Subsections (d), (h), (i), (j), (m), (n), and (q) which apply to wineries shall also apply to farm wine permittees.
(1) As used in this subsection (o): (A) "Farm" means a farming operation located in Tennessee consisting of commercial vineyards, fruit orchards or fruit gardens or any combination of such farming operations; (B) "Farm wine producer" means a farm which produces its own locally grown product from a vineyard, fruit orchard or fruit garden or any combination of such farming operations to be used in the making of wine; and (C) "Wine" means an alcoholic beverage containing a minimum of ninety-five percent (95%) of the product of vineyards, fruit orchards or fruit gardens grown and harvested at a farm as the wine being sold by the farm wine producer.
(A) "Farm" means a farming operation located in Tennessee consisting of commercial vineyards, fruit orchards or fruit gardens or any combination of such farming operations;
(B) "Farm wine producer" means a farm which produces its own locally grown product from a vineyard, fruit orchard or fruit garden or any combination of such farming operations to be used in the making of wine; and
(C) "Wine" means an alcoholic beverage containing a minimum of ninety-five percent (95%) of the product of vineyards, fruit orchards or fruit gardens grown and harvested at a farm as the wine being sold by the farm wine producer.
(2) A farm wine permit may be issued as provided in this subsection (o) to a farm wine producer, upon verified, written application to the commission on the proper form authorized to be prescribed and furnished by the commission, and the application may be granted by the commission, subject to the further restrictions of this chapter, other than § 57-3-106 .
(3) Each applicant for a farm wine permit 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. The permit shall not be issued until a permit fee of one hundred fifty dollars ($150) is paid to the commission by the farm wine producer, but issuance of the permit is exempt from the requirements of § 57-3-106 . The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission.
(4) The holder of a farm wine permit may: (A) Transport or have transported produce grown on the farm to a winery licensed pursuant to subsection (b), for the manufacture, bottling and labeling of wine from such produce; (B) Receive such wine back from the winery manufacturing, bottling and labeling the wine for the farm wine producer; (C) Offer on the premises of the farm single servings of its wine, with or without charge, as tastings for each wine sample; and (D) Sell at retail on the premises of the farm sealed containers of wine made from the produce of its vineyard, orchard or fruit garden in a designated building or area.
(A) Transport or have transported produce grown on the farm to a winery licensed pursuant to subsection (b), for the manufacture, bottling and labeling of wine from such produce;
(B) Receive such wine back from the winery manufacturing, bottling and labeling the wine for the farm wine producer;
(C) Offer on the premises of the farm single servings of its wine, with or without charge, as tastings for each wine sample; and
(D) Sell at retail on the premises of the farm sealed containers of wine made from the produce of its vineyard, orchard or fruit garden in a designated building or area.
(5) Subsections (d), (h), (i), (j), (m), (n), and (q) which apply to wineries shall also apply to farm wine permittees.
(p) (1) A winery licensed under this section is authorized to receive produce from a farm wine producer grown on the farm for the purpose of manufacturing, bottling and labeling of wine for such producer. The wine label shall indicate the name of the farm where the fruit was grown and harvested and the name of the winery manufacturing, bottling and labeling such wine. (2) Such winery shall be responsible for the payment of the state gallonage tax imposed pursuant to § 57-3-302 and the federal alcoholic beverage excise taxes due and owing on the wine bottled by the winery prior to the bottled wine leaving the winery's bonded premises. (3) The winery is authorized to transport the wine from the winery back to the farm wine permit holder, notwithstanding § 57-3-107(b) or any other law to the contrary. It is lawful for common carriers to transport from the winery which manufactured, bottled and labeled such wine to the farm permit holder pursuant to an agreement or contract with a licensed winery.
(1) A winery licensed under this section is authorized to receive produce from a farm wine producer grown on the farm for the purpose of manufacturing, bottling and labeling of wine for such producer. The wine label shall indicate the name of the farm where the fruit was grown and harvested and the name of the winery manufacturing, bottling and labeling such wine.
(2) Such winery shall be responsible for the payment of the state gallonage tax imposed pursuant to § 57-3-302 and the federal alcoholic beverage excise taxes due and owing on the wine bottled by the winery prior to the bottled wine leaving the winery's bonded premises.
(3) The winery is authorized to transport the wine from the winery back to the farm wine permit holder, notwithstanding § 57-3-107(b) or any other law to the contrary. It is lawful for common carriers to transport from the winery which manufactured, bottled and labeled such wine to the farm permit holder pursuant to an agreement or contract with a licensed winery.
(q) (1) A winery licensed under this section that has a total annual wine production of fifty thousand gallons (50,000 gals.) or less shall be authorized to obtain an additional self-distribution permit from the commission subject to the obligations imposed in this subsection (q). (2) No self-distribution permit shall be issued to or held by a winery that has registered a distribution contract with a wholesaler licensed pursuant to § 57-3-203 , if the terms of that contract include distribution rights for a county that is located, in whole or in part, within one hundred (100) miles of the licensed winery where the wine being distributed has been manufactured, produced, or bottled. Any winery holding a self-distribution permit that registers such a distribution contract with a wholesaler or whose total output in a calendar year exceeds fifty thousand gallons (50,000 gals.) shall cease self-distributing its wine under subdivision (q)(3) and shall promptly surrender the winery's self-distribution permit. (3) A winery seeking a self-distribution permit under this subsection (q) may distribute not more than three thousand (3,000) cases of wine manufactured, produced, or bottled on the winery's premises to any licensee holding a license issued pursuant to chapter 4, part 1 of this title, located within one hundred (100) miles of the winery's premises where such wine has been manufactured, produced, or bottled. (4) A winery engaged in self-distribution under this section shall be responsible for all taxes and records which are imposed upon a wholesaler under § 57-3-203 which result from any direct sales under this subsection (q). (5) The commission shall impose no additional fee or charge for the issuance of a self-distribution permit under this section.
(1) A winery licensed under this section that has a total annual wine production of fifty thousand gallons (50,000 gals.) or less shall be authorized to obtain an additional self-distribution permit from the commission subject to the obligations imposed in this subsection (q).
(2) No self-distribution permit shall be issued to or held by a winery that has registered a distribution contract with a wholesaler licensed pursuant to § 57-3-203 , if the terms of that contract include distribution rights for a county that is located, in whole or in part, within one hundred (100) miles of the licensed winery where the wine being distributed has been manufactured, produced, or bottled. Any winery holding a self-distribution permit that registers such a distribution contract with a wholesaler or whose total output in a calendar year exceeds fifty thousand gallons (50,000 gals.) shall cease self-distributing its wine under subdivision (q)(3) and shall promptly surrender the winery's self-distribution permit.
(3) A winery seeking a self-distribution permit under this subsection (q) may distribute not more than three thousand (3,000) cases of wine manufactured, produced, or bottled on the winery's premises to any licensee holding a license issued pursuant to chapter 4, part 1 of this title, located within one hundred (100) miles of the winery's premises where such wine has been manufactured, produced, or bottled.
(4) A winery engaged in self-distribution under this section shall be responsible for all taxes and records which are imposed upon a wholesaler under § 57-3-203 which result from any direct sales under this subsection (q).
(5) The commission shall impose no additional fee or charge for the issuance of a self-distribution permit under this section.
(r) (1) For purposes of this subsection (r), "satellite facility" means any facility or location other than the primary business location of a winery or farm wine producer. (2) Any winery or any farm wine producer licensed by this section may conduct business at any two (2) satellite facilities in any jurisdiction where it is lawful to manufacture intoxicating liquors or intoxicating drinks pursuant to § 57-2-103(c) and (d) . At its satellite facilities, the winery may conduct any business that is authorized at the licensed winery, except for the manufacturing and bottling of wine. At its satellite facilities, a farm wine producer may conduct any business that is authorized at the premises of the farm wine producer. (3) (A) Any winery licensed by this section or any farm wine producer shall obtain a satellite permit for each satellite facility utilized by the winery or farm wine producer from the commission in order to: (i) Serve samples with or without charge; (ii) Sell wine for consumption on or off the permitted premises; and (iii) Sell any other products under subsections (h) and (o). (B) In addition to the permit authorized in subdivision (r)(3)(A), any winery licensed under this section that pays taxes under § 57-3-302(a) at its licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year or any farm wine producer licensed under this section may qualify for a satellite permit to authorize no more than three (3) such wineries, farm wine producers, or any combination thereof, to conduct business at one (1) satellite facility. (C) Any violation of any rule or statute by a satellite facility shall be deemed to be a violation by any winery or farm winery producer that participates in a satellite facility. (D) Any winery or farm winery producer, seeking to establish or operate a satellite facility shall disclose to the commission each winery or farm winery producer participating in the satellite facility. Any participant in a satellite facility shall provide any information requested by the commission prior to participating in the satellite facility. (4) A satellite permit issued to a winery or farm wine producer pursuant to this subsection (r) shall only be available upon the payment of a one-time application fee to the commission of three hundred dollars ($300) per satellite location and upon the payment of an annual license fee of one hundred fifty dollars ($150). (5) Any winery or farm wine producer licensed under this section that has obtained a satellite permit and elects to charge consumers for samples may only sell such samples that are manufactured by the winery or farm wine producer. (6) (A) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on more than fifty thousand gallons (50,000 gals.) of wine during a calendar year and that operate a satellite facility shall obtain wine provided at their satellite facilities from a wholesaler licensed pursuant to § 57-3-203 . The wholesaler may permit the winery or farm wine producer to transport wine or finished wine product from the winery or the farm to its satellite facilities; provided, that the wholesaler includes the amounts delivered in its inventory, reports depletions for purposes of tax collection, and is responsible for the payment of taxes on such depletions. (B) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year are not required to obtain wine provided at their satellite facilities from a wholesaler. Wineries may transport wine or finished wine product from their wineries to their satellite facilities. Wineries may transport wine made from produce from farm wine producers to the producers' satellite facilities. Farm wine producers may transport wine from their farm to their satellite facilities. (C) Wine and finished wine product sold for consumption on the premises at the satellite facilities are subject to the same taxation as wine sold for consumption on the premises at the winery or on the premises of the farm wine producer.
(1) For purposes of this subsection (r), "satellite facility" means any facility or location other than the primary business location of a winery or farm wine producer.
(2) Any winery or any farm wine producer licensed by this section may conduct business at any two (2) satellite facilities in any jurisdiction where it is lawful to manufacture intoxicating liquors or intoxicating drinks pursuant to § 57-2-103(c) and (d) . At its satellite facilities, the winery may conduct any business that is authorized at the licensed winery, except for the manufacturing and bottling of wine. At its satellite facilities, a farm wine producer may conduct any business that is authorized at the premises of the farm wine producer.
(3) (A) Any winery licensed by this section or any farm wine producer shall obtain a satellite permit for each satellite facility utilized by the winery or farm wine producer from the commission in order to: (i) Serve samples with or without charge; (ii) Sell wine for consumption on or off the permitted premises; and (iii) Sell any other products under subsections (h) and (o). (B) In addition to the permit authorized in subdivision (r)(3)(A), any winery licensed under this section that pays taxes under § 57-3-302(a) at its licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year or any farm wine producer licensed under this section may qualify for a satellite permit to authorize no more than three (3) such wineries, farm wine producers, or any combination thereof, to conduct business at one (1) satellite facility. (C) Any violation of any rule or statute by a satellite facility shall be deemed to be a violation by any winery or farm winery producer that participates in a satellite facility. (D) Any winery or farm winery producer, seeking to establish or operate a satellite facility shall disclose to the commission each winery or farm winery producer participating in the satellite facility. Any participant in a satellite facility shall provide any information requested by the commission prior to participating in the satellite facility.
(A) Any winery licensed by this section or any farm wine producer shall obtain a satellite permit for each satellite facility utilized by the winery or farm wine producer from the commission in order to: (i) Serve samples with or without charge; (ii) Sell wine for consumption on or off the permitted premises; and (iii) Sell any other products under subsections (h) and (o).
(i) Serve samples with or without charge;
(ii) Sell wine for consumption on or off the permitted premises; and
(iii) Sell any other products under subsections (h) and (o).
(B) In addition to the permit authorized in subdivision (r)(3)(A), any winery licensed under this section that pays taxes under § 57-3-302(a) at its licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year or any farm wine producer licensed under this section may qualify for a satellite permit to authorize no more than three (3) such wineries, farm wine producers, or any combination thereof, to conduct business at one (1) satellite facility.
(C) Any violation of any rule or statute by a satellite facility shall be deemed to be a violation by any winery or farm winery producer that participates in a satellite facility.
(D) Any winery or farm winery producer, seeking to establish or operate a satellite facility shall disclose to the commission each winery or farm winery producer participating in the satellite facility. Any participant in a satellite facility shall provide any information requested by the commission prior to participating in the satellite facility.
(4) A satellite permit issued to a winery or farm wine producer pursuant to this subsection (r) shall only be available upon the payment of a one-time application fee to the commission of three hundred dollars ($300) per satellite location and upon the payment of an annual license fee of one hundred fifty dollars ($150).
(5) Any winery or farm wine producer licensed under this section that has obtained a satellite permit and elects to charge consumers for samples may only sell such samples that are manufactured by the winery or farm wine producer.
Any winery or farm wine producer licensed under this section that has obtained a satellite permit and elects to charge consumers for samples may only sell such samples that are manufactured by the winery or farm wine producer.
(6) (A) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on more than fifty thousand gallons (50,000 gals.) of wine during a calendar year and that operate a satellite facility shall obtain wine provided at their satellite facilities from a wholesaler licensed pursuant to § 57-3-203 . The wholesaler may permit the winery or farm wine producer to transport wine or finished wine product from the winery or the farm to its satellite facilities; provided, that the wholesaler includes the amounts delivered in its inventory, reports depletions for purposes of tax collection, and is responsible for the payment of taxes on such depletions. (B) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year are not required to obtain wine provided at their satellite facilities from a wholesaler. Wineries may transport wine or finished wine product from their wineries to their satellite facilities. Wineries may transport wine made from produce from farm wine producers to the producers' satellite facilities. Farm wine producers may transport wine from their farm to their satellite facilities. (C) Wine and finished wine product sold for consumption on the premises at the satellite facilities are subject to the same taxation as wine sold for consumption on the premises at the winery or on the premises of the farm wine producer.
(A) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on more than fifty thousand gallons (50,000 gals.) of wine during a calendar year and that operate a satellite facility shall obtain wine provided at their satellite facilities from a wholesaler licensed pursuant to § 57-3-203 . The wholesaler may permit the winery or farm wine producer to transport wine or finished wine product from the winery or the farm to its satellite facilities; provided, that the wholesaler includes the amounts delivered in its inventory, reports depletions for purposes of tax collection, and is responsible for the payment of taxes on such depletions.
(B) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year are not required to obtain wine provided at their satellite facilities from a wholesaler. Wineries may transport wine or finished wine product from their wineries to their satellite facilities. Wineries may transport wine made from produce from farm wine producers to the producers' satellite facilities. Farm wine producers may transport wine from their farm to their satellite facilities.
(C) Wine and finished wine product sold for consumption on the premises at the satellite facilities are subject to the same taxation as wine sold for consumption on the premises at the winery or on the premises of the farm wine producer.
(s) (1) Any winery or farm wine producer licensed pursuant to this section may qualify for and hold a license under chapter 4 of this title as a restaurant or limited service restaurant; provided, that notwithstanding chapter 4 of this title related to restrictions or prohibitions on licensees under chapter 4 of this title, a restaurant or limited service restaurant may sell for off-premises consumption, wine manufactured pursuant to this section at such location or at any other restaurant or limited service restaurant licensed under chapter 4 of this title that is owned by the same person. (2) Notwithstanding any law, rule, or regulation to the contrary, any winery or farm wine producer licensed under this section may serve wine manufactured by the winery or the farm wine producer for consumption on the premises of the winery or farm wine producer.
(1) Any winery or farm wine producer licensed pursuant to this section may qualify for and hold a license under chapter 4 of this title as a restaurant or limited service restaurant; provided, that notwithstanding chapter 4 of this title related to restrictions or prohibitions on licensees under chapter 4 of this title, a restaurant or limited service restaurant may sell for off-premises consumption, wine manufactured pursuant to this section at such location or at any other restaurant or limited service restaurant licensed under chapter 4 of this title that is owned by the same person.
(2) Notwithstanding any law, rule, or regulation to the contrary, any winery or farm wine producer licensed under this section may serve wine manufactured by the winery or the farm wine producer for consumption on the premises of the winery or farm wine producer.
(t) (1) Except as provided in subdivision (t)(2), any sale of wine authorized by this section for consumption on the premises at the winery or on the premises of the farm wine producer shall be subject to taxation pursuant to § 57-4-301(c) in addition to any sales tax which is due. The taxes shall be paid and collected in the manner prescribed by § 57-4-301 and the rules of the department of revenue promulgated under the authority of that section. (2) Nothing in this section authorizes the collection of taxes pursuant to § 57-4-301(c) for the sale of wine: (A) As samples for tasting, with or without charge, for consumption on the premises; or (B) At retail in sealed containers for consumption on the premises to the extent permitted under federal law.
(1) Except as provided in subdivision (t)(2), any sale of wine authorized by this section for consumption on the premises at the winery or on the premises of the farm wine producer shall be subject to taxation pursuant to § 57-4-301(c) in addition to any sales tax which is due. The taxes shall be paid and collected in the manner prescribed by § 57-4-301 and the rules of the department of revenue promulgated under the authority of that section.
(2) Nothing in this section authorizes the collection of taxes pursuant to § 57-4-301(c) for the sale of wine: (A) As samples for tasting, with or without charge, for consumption on the premises; or (B) At retail in sealed containers for consumption on the premises to the extent permitted under federal law.
(A) As samples for tasting, with or without charge, for consumption on the premises; or
(B) At retail in sealed containers for consumption on the premises to the extent permitted under federal law.
(u) Notwithstanding the term "wine" as defined in §§ 57-3-101 , 57-3-802 , and 57-4-102 , wineries and farm wine producers licensed under this section may label and advertise wine made from apples as cider, apple cider, or hard cider; provided, that nothing in this subsection (u) shall affect the marketing of cider products distributed as beer by wholesalers permitted under § 57-5-103 .
(v) Notwithstanding any other law to the contrary, a winery or farm wine permit holder may purchase or import finished wine product from another winery in this state or another state in an amount not to exceed, in the aggregate, fifty thousand gallons (50,000 gals.) per year. A winery or farm wine permit holder that purchases or imports finished wine product under this subdivision (v)(1) may sell, distribute, serve for the purposes of samples or tastings, or otherwise use or dispose of such product in any manner that the winery or farm wine permit holder is authorized to use or dispose of wine under this section that is manufactured, bottled, or produced by the winery or farm wine permit holder.
(w) As used in this section, "finished wine product" means any wine product that is ready for use by an end user and that bears the label of the winery or farm wine permit holder that purchased or imported the finished wine product under subsection (v).
(x) Wholesalers utilized by wineries or farm wine producers may permit wineries and farm wine producers to transport their products for sale, which are sold on the premises of the winery, the farm wine producer, or the satellite facility; provided, that the wholesaler permitting such direct shipment shall include the amounts delivered in its inventory, report depletions for purposes of tax collection, and be responsible for the payment of taxes on such depletions.
(y) (1) A winery licensed under this section may enter into an alternating proprietorship agreement with one (1) or more wineries, subject to the restrictions of this subsection (y). (2) Parties to an alternating proprietorship agreement may alternate the use of a bonded or general premises, or both, or part of a bonded or general premises, or both, for the purpose of manufacturing and warehousing wine. (3) A winery that is a party to an alternating proprietorship agreement shall maintain a room or separate area of the general premises that is exclusively occupied by that winery and that does not alternate with another winery. There is no size requirement for this exclusive premises. (4) Each winery that is a party to an alternating proprietorship agreement shall individually receive approval of the agreement from the commission and shall receive any required approvals from the Alcohol and Tobacco Tax and Trade Bureau (TTB), prior to commencing operations at the general premises. (5) A winery seeking approval for an alternating proprietorship agreement shall submit to the commission: (A) A description of the areas, equipment, resources, rooms, or buildings, or combination of areas, equipment, resources, rooms, or buildings, that will alternate between wineries; (B) Diagrams of the parts of the general premises that will and will not alternate between wineries; (C) A copy of the written alternating proprietorship agreement between wineries; and (D) An acknowledgement from each winery that they will maintain adequate records that track the premises that alternate between wineries. Such records are subject to inspection by the commission upon request. (6) The commission may require additional information under this subsection (y) that is necessary for the commission to verify compliance with this chapter 3 and other applicable laws. (7) Only the winery participating in an alternating proprietorship agreement that is the property owner or primary lessee of the general premises may exercise retail rights and privileges under this subsection (y). If there are two (2) or more wineries that are property owners or are primary lessees, only one (1) winery may exercise the retail rights and privileges under this subsection (y). (8) (A) The wineries that are parties to an alternating proprietorship agreement must not be owned by the same individual or entity or by substantially similar ownership. (B) As used in this subdivision (y)(8), "substantially similar ownership" includes, but is not limited to: (i) An individual who owns more than a forty percent (40%) interest in each of the two (2) or more wineries that are parties to the alternating proprietorship agreement; (ii) An individual who owns a winery that is a party to the alternating proprietorship agreement whose spouse is the owner of another winery that is a party to the agreement; or (iii) A winery that is a party to the alternating proprietorship agreement that is owned by a trust that is for the benefit of an owner of another winery that is a party to the agreement, or the owner's spouse or children.
(1) A winery licensed under this section may enter into an alternating proprietorship agreement with one (1) or more wineries, subject to the restrictions of this subsection (y).
(2) Parties to an alternating proprietorship agreement may alternate the use of a bonded or general premises, or both, or part of a bonded or general premises, or both, for the purpose of manufacturing and warehousing wine.
(3) A winery that is a party to an alternating proprietorship agreement shall maintain a room or separate area of the general premises that is exclusively occupied by that winery and that does not alternate with another winery. There is no size requirement for this exclusive premises.
(4) Each winery that is a party to an alternating proprietorship agreement shall individually receive approval of the agreement from the commission and shall receive any required approvals from the Alcohol and Tobacco Tax and Trade Bureau (TTB), prior to commencing operations at the general premises.
(5) A winery seeking approval for an alternating proprietorship agreement shall submit to the commission: (A) A description of the areas, equipment, resources, rooms, or buildings, or combination of areas, equipment, resources, rooms, or buildings, that will alternate between wineries; (B) Diagrams of the parts of the general premises that will and will not alternate between wineries; (C) A copy of the written alternating proprietorship agreement between wineries; and (D) An acknowledgement from each winery that they will maintain adequate records that track the premises that alternate between wineries. Such records are subject to inspection by the commission upon request.
(A) A description of the areas, equipment, resources, rooms, or buildings, or combination of areas, equipment, resources, rooms, or buildings, that will alternate between wineries;
(B) Diagrams of the parts of the general premises that will and will not alternate between wineries;
(C) A copy of the written alternating proprietorship agreement between wineries; and
(D) An acknowledgement from each winery that they will maintain adequate records that track the premises that alternate between wineries. Such records are subject to inspection by the commission upon request.
(6) The commission may require additional information under this subsection (y) that is necessary for the commission to verify compliance with this chapter 3 and other applicable laws.
(7) Only the winery participating in an alternating proprietorship agreement that is the property owner or primary lessee of the general premises may exercise retail rights and privileges under this subsection (y). If there are two (2) or more wineries that are property owners or are primary lessees, only one (1) winery may exercise the retail rights and privileges under this subsection (y).
(8) (A) The wineries that are parties to an alternating proprietorship agreement must not be owned by the same individual or entity or by substantially similar ownership. (B) As used in this subdivision (y)(8), "substantially similar ownership" includes, but is not limited to: (i) An individual who owns more than a forty percent (40%) interest in each of the two (2) or more wineries that are parties to the alternating proprietorship agreement; (ii) An individual who owns a winery that is a party to the alternating proprietorship agreement whose spouse is the owner of another winery that is a party to the agreement; or (iii) A winery that is a party to the alternating proprietorship agreement that is owned by a trust that is for the benefit of an owner of another winery that is a party to the agreement, or the owner's spouse or children.
(A) The wineries that are parties to an alternating proprietorship agreement must not be owned by the same individual or entity or by substantially similar ownership.
(B) As used in this subdivision (y)(8), "substantially similar ownership" includes, but is not limited to: (i) An individual who owns more than a forty percent (40%) interest in each of the two (2) or more wineries that are parties to the alternating proprietorship agreement; (ii) An individual who owns a winery that is a party to the alternating proprietorship agreement whose spouse is the owner of another winery that is a party to the agreement; or (iii) A winery that is a party to the alternating proprietorship agreement that is owned by a trust that is for the benefit of an owner of another winery that is a party to the agreement, or the owner's spouse or children.
(i) An individual who owns more than a forty percent (40%) interest in each of the two (2) or more wineries that are parties to the alternating proprietorship agreement;
(ii) An individual who owns a winery that is a party to the alternating proprietorship agreement whose spouse is the owner of another winery that is a party to the agreement; or
(iii) A winery that is a party to the alternating proprietorship agreement that is owned by a trust that is for the benefit of an owner of another winery that is a party to the agreement, or the owner's spouse or children.
(z) Wineries and farm wine producers may have their wine distilled, blended, or fortified with distilled wine spirits made from their wine by manufacturers and may receive from manufacturers the wine created by such distilling, blending, or fortifying, and such distilled, blended, or fortified wine is the sole property of the winery or farm wine producer; provided, that no distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine, were added to the wine. Wineries and farm wine producers may also sell wine to manufacturers licensed pursuant to § 57-3-202 , and such wine, and a product that may result from the blending, distilling, or fortifying of such wine by the manufacturer, is the sole property of the manufacturer. The manufacturer, winery, or farm wine producer may transport the wine from the winery or farm wine producer and may transport the distilled, blended, or fortified wine owned by the winery or farm wine producer back to the winery or farm wine producer; provided, that no distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine, were added to the wine. The transactions are not subject to taxation.
(aa) (1) Notwithstanding another law to the contrary, a winery or farm wine producer in this state may electronically store all documentation and paperwork required to be maintained by the commission. The commission shall accept an electronic copy of documents and paperwork for purposes of an inspection of the licensee or permittee or verification of compliance with this chapter. If a licensee or permittee stores documentation or paperwork electronically, all information necessary to verify the validity of the license, permit, document, or other paperwork must be legible and verifiable in the electronic copy. (2) Notwithstanding § 57-3-213 , wineries and farm wine producers that hold two (2) or more licenses or permits issued under this chapter that require yearly renewal, regardless of type, may choose the expiration date for the licenses and permits as long as the expiration date chosen is less than twelve (12) months from the date the license or permit is issued or renewed. The license fee for the license or permit issued for less than twelve (12) months must be prorated according to the duration of the license.
(1) Notwithstanding another law to the contrary, a winery or farm wine producer in this state may electronically store all documentation and paperwork required to be maintained by the commission. The commission shall accept an electronic copy of documents and paperwork for purposes of an inspection of the licensee or permittee or verification of compliance with this chapter. If a licensee or permittee stores documentation or paperwork electronically, all information necessary to verify the validity of the license, permit, document, or other paperwork must be legible and verifiable in the electronic copy.
(2) Notwithstanding § 57-3-213 , wineries and farm wine producers that hold two (2) or more licenses or permits issued under this chapter that require yearly renewal, regardless of type, may choose the expiration date for the licenses and permits as long as the expiration date chosen is less than twelve (12) months from the date the license or permit is issued or renewed. The license fee for the license or permit issued for less than twelve (12) months must be prorated according to the duration of the license.
Amended by 2023 Tenn. Acts, ch. 406, s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 131, Secs.s 3, s 4, s 5, s 6 eff. 4/4/2023.
Amended by 2023 Tenn. Acts, ch. 95, s 2, eff. 3/31/2023.
Amended by 2019 Tenn. Acts, ch. 74, s 1, s 2, s 3, s 4, s 5 eff. 3/28/2019.
Amended by 2017 Tenn. Acts, ch. 411, s 1, eff. 5/18/2017.
Amended by 2017 Tenn. Acts, ch. 373, s 1, s 2 eff. 5/11/2017.
Amended by 2017 Tenn. Acts, ch. 269, s 1, s 2, s 3, s 4, s 5 eff. 5/4/2017.
Amended by 2016 Tenn. Acts, ch. 687, s 1, eff. 5/1/2016.
Amended by 2016 Tenn. Acts, ch. 857, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 467, s 1, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 451, s 1, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 366, s 1, eff. 5/4/2015.
Amended by 2015 Tenn. Acts, ch. 270, s 1, eff. 4/24/2015.
Amended by 2014 Tenn. Acts, ch. 1015,s 5, eff. 4/16/2014.
Amended by 2014 Tenn. Acts, ch. 1015,s 4, eff. 4/16/2014.
Amended by 2014 Tenn. Acts, ch. 1015,s 3, eff. 4/16/2014.
Amended by 2014 Tenn. Acts, ch. 1015,s 2, eff. 4/16/2014.
Amended by 2014 Tenn. Acts, ch. 1015,s 1, eff. 4/16/2014.
Amended by 2014 Tenn. Acts, ch. 817, s 1, eff. 4/29/2014.
Acts 1939, ch. 49, § 9; 1949, ch. 284, §§ 4, 5; C. Supp. 1950, § 6648.14 (Williams, § 6648.12); impl. am. Acts 1963, ch. 257, § 23; Acts 1973, ch. 8, § 1; 1977, ch. 126, §§ 1, 2; T.C.A. (orig. ed.), § 57-120; Acts 1983, ch. 59, § 1; 1983, ch. 229, §§ 1-3; 1985, ch. 386, §§ 1, 3, 4; 1988, ch. 580, §§ 1-3; 1991, ch. 292, § 1; 1995, ch. 151, § 1; 2001, ch. 163, §§ 1 - 3; 2004, ch. 876, § 2; 2006, ch. 826, § 1; 2007 , ch. 433, §§ 1, 2; 2009 , ch. 273, § 1; 2009 , ch. 434, § 4; 2012 , ch. 691, § 1.
Tenn. Code Ann. § 57-3-226 — TN Code / Title 57 / Chapter 3 / Section 57-3-226
Sale or transfer of alcoholic beverage inventory
Status: in_force

Notwithstanding § 57-3-204(c) or any other law to the contrary, a retailer licensed pursuant to § 57-3-204 that is selling the licensed establishment to a new licensee of the same license type or that is closing the licensed establishment may sell or transfer its alcoholic beverages to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if: (1) The selling or closing licensee submits written notice to the commission and the department of revenue at least ten (10) days in advance of the sale or transfer to dispose of the licensee's remaining inventory. The commission shall determine the form of such notice and the method by which the notice must be provided. The notice must identify the licensee who is purchasing or receiving the inventory, the proposed date of the sale or transfer, and the quantity, types, and brands of alcoholic beverages to be sold or transferred; (2) All invoices and debts related to alcoholic beverages being sold or transferred pursuant to this section are paid in full prior to the alcoholic beverages being sold or transferred; and (3) The purchaser or transferee is licensed by the commission under § 57-3-204 prior to the sale or transfer being finalized. Added by 2021 Tenn. Acts, ch. 76, s 1, eff. 3/29/2021.
Notwithstanding § 57-3-204(c) or any other law to the contrary, a retailer licensed pursuant to § 57-3-204 that is selling the licensed establishment to a new licensee of the same license type or that is closing the licensed establishment may sell or transfer its alcoholic beverages to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if:
(1) The selling or closing licensee submits written notice to the commission and the department of revenue at least ten (10) days in advance of the sale or transfer to dispose of the licensee's remaining inventory. The commission shall determine the form of such notice and the method by which the notice must be provided. The notice must identify the licensee who is purchasing or receiving the inventory, the proposed date of the sale or transfer, and the quantity, types, and brands of alcoholic beverages to be sold or transferred;
(2) All invoices and debts related to alcoholic beverages being sold or transferred pursuant to this section are paid in full prior to the alcoholic beverages being sold or transferred; and
(3) The purchaser or transferee is licensed by the commission under § 57-3-204 prior to the sale or transfer being finalized.
Added by 2021 Tenn. Acts, ch. 76, s 1, eff. 3/29/2021.
Tenn. Code Ann. § 57-4-304 — TN Code / Title 57 / Chapter 4 / Section 57-4-304
Grace period - Delinquencies and other violations - Penalties
Status: in_force

(a) The commissioner for good cause may extend for not to exceed thirty (30) days the time for making any returns required under this chapter. (b) (1) When any licensee shall fail to make any return and pay the full amount of the tax as required by this chapter for as many as three (3) times during any one (1) year licensing period, the commission, upon recommendation of the commissioner, may revoke or suspend the license held by such licensee in the same manner and under the same conditions as provided by § 57-4-202 . (2) (A) It is a Class B misdemeanor and punishable as such for any person to engage or continue to engage in business after revocation of the person's license or during any period of suspension of the license as provided hereinabove; and each day business is done in violation hereof shall constitute a separate offense. (B) In addition, the commissioner or the commissioner's delegate or the commission may file and maintain injunctive proceedings, acting either through the attorney general or the attorney general's delegate or through the legal assistant to the commissioner or the legal assistant to the commissioner's delegate, against any person for the purpose of enjoining the person from doing business as such a licensee during any period of suspension or after revocation of the license. Upon a finding that such person is doing business in violation of the order of revocation or suspension, an injunction shall be issued thereupon. If any person shall refuse to obey or otherwise violate any injunction so issued, or shall break into or enter, or occupy or use, any building or place of business while closed under any injunction so issued, whether preliminary or final, the person is guilty of contempt of court and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment of not less than thirty (30) days nor more than one (1) year, or by both fine and imprisonment in the discretion of the court. Acts 1967, ch. 211, § 3; 1970, ch. 398, § 5; 1973, ch. 68, § 2; T.C.A., § 57-160; Acts 1980, ch. 885, § 5; 1985, ch. 76, § 1; 1985, ch. 396, § 6; 1988, ch. 526, § 14; 1989, ch. 591, § 112.
(a) The commissioner for good cause may extend for not to exceed thirty (30) days the time for making any returns required under this chapter.
(b) (1) When any licensee shall fail to make any return and pay the full amount of the tax as required by this chapter for as many as three (3) times during any one (1) year licensing period, the commission, upon recommendation of the commissioner, may revoke or suspend the license held by such licensee in the same manner and under the same conditions as provided by § 57-4-202 . (2) (A) It is a Class B misdemeanor and punishable as such for any person to engage or continue to engage in business after revocation of the person's license or during any period of suspension of the license as provided hereinabove; and each day business is done in violation hereof shall constitute a separate offense. (B) In addition, the commissioner or the commissioner's delegate or the commission may file and maintain injunctive proceedings, acting either through the attorney general or the attorney general's delegate or through the legal assistant to the commissioner or the legal assistant to the commissioner's delegate, against any person for the purpose of enjoining the person from doing business as such a licensee during any period of suspension or after revocation of the license. Upon a finding that such person is doing business in violation of the order of revocation or suspension, an injunction shall be issued thereupon. If any person shall refuse to obey or otherwise violate any injunction so issued, or shall break into or enter, or occupy or use, any building or place of business while closed under any injunction so issued, whether preliminary or final, the person is guilty of contempt of court and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment of not less than thirty (30) days nor more than one (1) year, or by both fine and imprisonment in the discretion of the court.
(1) When any licensee shall fail to make any return and pay the full amount of the tax as required by this chapter for as many as three (3) times during any one (1) year licensing period, the commission, upon recommendation of the commissioner, may revoke or suspend the license held by such licensee in the same manner and under the same conditions as provided by § 57-4-202 .
(2) (A) It is a Class B misdemeanor and punishable as such for any person to engage or continue to engage in business after revocation of the person's license or during any period of suspension of the license as provided hereinabove; and each day business is done in violation hereof shall constitute a separate offense. (B) In addition, the commissioner or the commissioner's delegate or the commission may file and maintain injunctive proceedings, acting either through the attorney general or the attorney general's delegate or through the legal assistant to the commissioner or the legal assistant to the commissioner's delegate, against any person for the purpose of enjoining the person from doing business as such a licensee during any period of suspension or after revocation of the license. Upon a finding that such person is doing business in violation of the order of revocation or suspension, an injunction shall be issued thereupon. If any person shall refuse to obey or otherwise violate any injunction so issued, or shall break into or enter, or occupy or use, any building or place of business while closed under any injunction so issued, whether preliminary or final, the person is guilty of contempt of court and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment of not less than thirty (30) days nor more than one (1) year, or by both fine and imprisonment in the discretion of the court.
(A) It is a Class B misdemeanor and punishable as such for any person to engage or continue to engage in business after revocation of the person's license or during any period of suspension of the license as provided hereinabove; and each day business is done in violation hereof shall constitute a separate offense.
(B) In addition, the commissioner or the commissioner's delegate or the commission may file and maintain injunctive proceedings, acting either through the attorney general or the attorney general's delegate or through the legal assistant to the commissioner or the legal assistant to the commissioner's delegate, against any person for the purpose of enjoining the person from doing business as such a licensee during any period of suspension or after revocation of the license. Upon a finding that such person is doing business in violation of the order of revocation or suspension, an injunction shall be issued thereupon. If any person shall refuse to obey or otherwise violate any injunction so issued, or shall break into or enter, or occupy or use, any building or place of business while closed under any injunction so issued, whether preliminary or final, the person is guilty of contempt of court and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment of not less than thirty (30) days nor more than one (1) year, or by both fine and imprisonment in the discretion of the court.
Acts 1967, ch. 211, § 3; 1970, ch. 398, § 5; 1973, ch. 68, § 2; T.C.A., § 57-160; Acts 1980, ch. 885, § 5; 1985, ch. 76, § 1; 1985, ch. 396, § 6; 1988, ch. 526, § 14; 1989, ch. 591, § 112.
Tenn. Code Ann. § 57-3-1005 — TN Code / Title 57 / Chapter 3 / Section 57-3-1005
Contracts in violation of part void
Status: in_force

Any contract, express or implied, made by any person, firm, or corporation in violation of this part is declared to be an illegal and void contract and no recovery thereon shall be had. Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
Any contract, express or implied, made by any person, firm, or corporation in violation of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
Tenn. Code Ann. § 57-3-806 — TN Code / Title 57 / Chapter 3 / Section 57-3-806
Certificate to accompany application for license - Contents - Requirements for renewal of license - Limitation on location of licensed premises - Review of denial of certificate
Status: in_force

(a) As a condition precedent to the issuance of a license under § 57-3-803 , every applicant for a license under that section shall submit with the application to the commission a certificate signed by the county mayor or chair of the county commission in which the licensed premises are to be located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council, or legislative body of the municipality, by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality. The issuance of a certificate must not be conditioned on the residency of the applicant, including, but not limited to, requiring the applicant to live within the county or municipality, or additional conditions not required by this section. The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal. (b) (1) The certificate must state: (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and (B) That the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. (2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A). (c) Municipalities and counties are not authorized to limit the number of retail food store wine licenses issued within their jurisdictions. (d) (1) In order to renew a retail food store wine license, the licensee must maintain a minimum of twenty percent (20%) of the licensee's sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-228(a) , such percentage to be calculated on an annual basis. The licensee shall keep sales and purchase records through accounting methods that are customary or reasonable in the retail food store business. (2) A retail food store wine licensee who fails to comply with subdivision (d)(1) in achieving the minimum required sales or in failing to keep adequate records shall have one (1) year to come into compliance. During this one-year period, the licensee shall work with the commission in creating a plan that would bring the licensee into compliance with this subsection (d). (3) Failure to comply after the one-year period shall result in the retail food store wine license being suspended or revoked by the commission. (4) In order to determine compliance with subdivision (d)(1), each retail licensee shall submit sales information to the commission in such form as the commission deems appropriate at the time the licensee applies for a license or upon renewal of such license. Each licensee shall provide the licensee's sales tax registration number to the commission. The commission is authorized to verify sales information if the commission deems it necessary with the department of revenue. (e) (1) No retail food store wine license shall be issued to a retail food store located within a shopping center or other development unless documentation is provided to the commission that the retail food store has: (A) Not prohibited or restricted, through its lease or other agreement with the owner of the shopping center or development, the sale of wine or other alcoholic products by others at the shopping center or development; or (B) Waived any prohibition or restriction on the sale of wine or other alcoholic products, if such prohibition or restriction is in the lease. (2) If an applicant for a retail food store wine license is the owner of the shopping center or development, the applicant shall waive any prohibition or restriction on the sale of wine or other alcoholic products on any other entity that is located within that shopping center or development owned by the applicant. Nothing in this subsection (e) shall prevent the nonapplicant owner of a shopping center from imposing restrictions on its tenants through its leases or agreements. (f) An applicant may seek review of the denial of a certificate by instituting an action in the chancery court having jurisdiction over the municipality or county within sixty (60) days of the denial. (g) A failure on the part of the issuing authority to grant or deny the certificate within sixty (60) days of the written application for such shall be deemed a granting of the certificate. (h) The requirement imposed by this section to submit a certificate shall not be applicable to any applicant if: (1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or (2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsection (f). Amended by 2019 Tenn. Acts, ch. 136,s 5, eff. 8/1/2019. Amended by 2017 Tenn. Acts, ch. 357,s 2, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1068,s 6, eff. 5/20/2016. Amended by 2016 Tenn. Acts, ch. 697,s 1, eff. 4/6/2016. Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
(a) As a condition precedent to the issuance of a license under § 57-3-803 , every applicant for a license under that section shall submit with the application to the commission a certificate signed by the county mayor or chair of the county commission in which the licensed premises are to be located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council, or legislative body of the municipality, by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality. The issuance of a certificate must not be conditioned on the residency of the applicant, including, but not limited to, requiring the applicant to live within the county or municipality, or additional conditions not required by this section. The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal.
(b) (1) The certificate must state: (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and (B) That the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. (2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A).
(1) The certificate must state: (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and (B) That the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business.
(A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and
(B) That the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business.
(2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A).
(c) Municipalities and counties are not authorized to limit the number of retail food store wine licenses issued within their jurisdictions.
(d) (1) In order to renew a retail food store wine license, the licensee must maintain a minimum of twenty percent (20%) of the licensee's sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-228(a) , such percentage to be calculated on an annual basis. The licensee shall keep sales and purchase records through accounting methods that are customary or reasonable in the retail food store business. (2) A retail food store wine licensee who fails to comply with subdivision (d)(1) in achieving the minimum required sales or in failing to keep adequate records shall have one (1) year to come into compliance. During this one-year period, the licensee shall work with the commission in creating a plan that would bring the licensee into compliance with this subsection (d). (3) Failure to comply after the one-year period shall result in the retail food store wine license being suspended or revoked by the commission. (4) In order to determine compliance with subdivision (d)(1), each retail licensee shall submit sales information to the commission in such form as the commission deems appropriate at the time the licensee applies for a license or upon renewal of such license. Each licensee shall provide the licensee's sales tax registration number to the commission. The commission is authorized to verify sales information if the commission deems it necessary with the department of revenue.
(1) In order to renew a retail food store wine license, the licensee must maintain a minimum of twenty percent (20%) of the licensee's sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-228(a) , such percentage to be calculated on an annual basis. The licensee shall keep sales and purchase records through accounting methods that are customary or reasonable in the retail food store business.
(2) A retail food store wine licensee who fails to comply with subdivision (d)(1) in achieving the minimum required sales or in failing to keep adequate records shall have one (1) year to come into compliance. During this one-year period, the licensee shall work with the commission in creating a plan that would bring the licensee into compliance with this subsection (d).
(3) Failure to comply after the one-year period shall result in the retail food store wine license being suspended or revoked by the commission.
(4) In order to determine compliance with subdivision (d)(1), each retail licensee shall submit sales information to the commission in such form as the commission deems appropriate at the time the licensee applies for a license or upon renewal of such license. Each licensee shall provide the licensee's sales tax registration number to the commission. The commission is authorized to verify sales information if the commission deems it necessary with the department of revenue.
(e) (1) No retail food store wine license shall be issued to a retail food store located within a shopping center or other development unless documentation is provided to the commission that the retail food store has: (A) Not prohibited or restricted, through its lease or other agreement with the owner of the shopping center or development, the sale of wine or other alcoholic products by others at the shopping center or development; or (B) Waived any prohibition or restriction on the sale of wine or other alcoholic products, if such prohibition or restriction is in the lease. (2) If an applicant for a retail food store wine license is the owner of the shopping center or development, the applicant shall waive any prohibition or restriction on the sale of wine or other alcoholic products on any other entity that is located within that shopping center or development owned by the applicant. Nothing in this subsection (e) shall prevent the nonapplicant owner of a shopping center from imposing restrictions on its tenants through its leases or agreements.
(1) No retail food store wine license shall be issued to a retail food store located within a shopping center or other development unless documentation is provided to the commission that the retail food store has: (A) Not prohibited or restricted, through its lease or other agreement with the owner of the shopping center or development, the sale of wine or other alcoholic products by others at the shopping center or development; or (B) Waived any prohibition or restriction on the sale of wine or other alcoholic products, if such prohibition or restriction is in the lease.
(A) Not prohibited or restricted, through its lease or other agreement with the owner of the shopping center or development, the sale of wine or other alcoholic products by others at the shopping center or development; or
(B) Waived any prohibition or restriction on the sale of wine or other alcoholic products, if such prohibition or restriction is in the lease.
(2) If an applicant for a retail food store wine license is the owner of the shopping center or development, the applicant shall waive any prohibition or restriction on the sale of wine or other alcoholic products on any other entity that is located within that shopping center or development owned by the applicant. Nothing in this subsection (e) shall prevent the nonapplicant owner of a shopping center from imposing restrictions on its tenants through its leases or agreements.
(f) An applicant may seek review of the denial of a certificate by instituting an action in the chancery court having jurisdiction over the municipality or county within sixty (60) days of the denial.
(g) A failure on the part of the issuing authority to grant or deny the certificate within sixty (60) days of the written application for such shall be deemed a granting of the certificate.
(h) The requirement imposed by this section to submit a certificate shall not be applicable to any applicant if: (1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or (2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsection (f).
(1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or
(2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsection (f).
Amended by 2019 Tenn. Acts, ch. 136,s 5, eff. 8/1/2019.
Amended by 2017 Tenn. Acts, ch. 357,s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1068,s 6, eff. 5/20/2016.
Amended by 2016 Tenn. Acts, ch. 697,s 1, eff. 4/6/2016.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
Tenn. Code Ann. § 57-5-607 — TN Code / Title 57 / Chapter 5 / Section 57-5-607
Loss of certification for sale to minor
Status: in_force

If a beer board determines that a sale to a minor occurred by an off-premise beer permit holder, then the certification of the clerk making the sale shall be invalid and the clerk may not reapply for a new certificate for a period of one (1) year from the date of the beer board's determination. Beer boards shall report the names of such clerks to the commission within fifteen (15) days of finding that a sale to a minor occurred. The commission shall notify the responsible vendor of their certified clerks who have lost their certification within fifteen (15) days of notification by the beer board. Acts 2006, ch. 864, § 8.
If a beer board determines that a sale to a minor occurred by an off-premise beer permit holder, then the certification of the clerk making the sale shall be invalid and the clerk may not reapply for a new certificate for a period of one (1) year from the date of the beer board's determination. Beer boards shall report the names of such clerks to the commission within fifteen (15) days of finding that a sale to a minor occurred. The commission shall notify the responsible vendor of their certified clerks who have lost their certification within fifteen (15) days of notification by the beer board.
Acts 2006, ch. 864, § 8.
Tenn. Code Ann. § 57-3-307 — TN Code / Title 57 / Chapter 3 / Section 57-3-307
Accounting for distribution of alcoholic beverages - Inventory adjustment for unsalable beverages
Status: in_force

(a) Any wholesaler who shall import alcoholic beverages into this state, or receive alcoholic beverages manufactured in the state for the purpose of use, resale or distribution by gift or retail sale in this state, shall be required to account for the distribution of all such alcoholic beverages and shall be unconditionally liable for the tax imposed herein for each and every container of alcoholic beverage removed from inventory and not sold or otherwise disposed of in accordance with this chapter or by rules and regulations promulgated by the commissioner of revenue. (b) The commissioner shall prescribe appropriate rules and regulations for the proper adjustment of the wholesaler's inventory when alcoholic beverages in the wholesaler's inventory are rendered unsalable. Before authorizing such an adjustment, a claim in writing and proof must be furnished in support thereof and verified by the department of revenue. Acts 1951, ch. 138, § 1 (Williams, § 6648.16); Acts 1965, ch. 243, § 1; 1968, ch. 521, § 2; 1970, ch. 398, § 2; T.C.A. (orig. ed.), § 57-136.
(a) Any wholesaler who shall import alcoholic beverages into this state, or receive alcoholic beverages manufactured in the state for the purpose of use, resale or distribution by gift or retail sale in this state, shall be required to account for the distribution of all such alcoholic beverages and shall be unconditionally liable for the tax imposed herein for each and every container of alcoholic beverage removed from inventory and not sold or otherwise disposed of in accordance with this chapter or by rules and regulations promulgated by the commissioner of revenue.
(b) The commissioner shall prescribe appropriate rules and regulations for the proper adjustment of the wholesaler's inventory when alcoholic beverages in the wholesaler's inventory are rendered unsalable. Before authorizing such an adjustment, a claim in writing and proof must be furnished in support thereof and verified by the department of revenue.
Acts 1951, ch. 138, § 1 (Williams, § 6648.16); Acts 1965, ch. 243, § 1; 1968, ch. 521, § 2; 1970, ch. 398, § 2; T.C.A. (orig. ed.), § 57-136.
Tenn. Code Ann. § 57-2-105 — TN Code / Title 57 / Chapter 2 / Section 57-2-105
Restrictions on sale within state
Status: in_force

(a) Except as otherwise provided by law, nothing in this chapter shall be construed as licensing or legalizing the sale of intoxicating liquors and/or other intoxicating drinks within the state by any distillery or manufacturing plant authorized under this chapter. (b) Nothing in this chapter shall be construed so as to repeal, or in any manner abridge or affect the present laws of this state concerning the sale of intoxicating liquors of every kind. Acts 1937, ch. 193, § 1; C. Supp. 1950, § 6648.1; modified; T.C.A. (orig. ed.), §57-105; Acts 2011 , ch. 448, § 5.
(a) Except as otherwise provided by law, nothing in this chapter shall be construed as licensing or legalizing the sale of intoxicating liquors and/or other intoxicating drinks within the state by any distillery or manufacturing plant authorized under this chapter.
(b) Nothing in this chapter shall be construed so as to repeal, or in any manner abridge or affect the present laws of this state concerning the sale of intoxicating liquors of every kind.
Acts 1937, ch. 193, § 1; C. Supp. 1950, § 6648.1; modified; T.C.A. (orig. ed.), §57-105; Acts 2011 , ch. 448, § 5.
Tenn. Code Ann. § 57-9-204 — TN Code / Title 57 / Chapter 9 / Section 57-9-204
Forfeiture of unclaimed property - Exclusivity of remedy
Status: in_force

(a) If no claim is interposed, such alcoholic beverages or other property shall be forfeited without further proceedings and the same shall be sold as herein provided. (b) The above procedure is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner. Acts 1941, ch. 119, § 4; C. Supp. 1950, § 6648.27 (Williams, § 6648.29); Acts 1955, ch. 347, § 7; 1959, ch. 302, § 2; T.C.A. (orig. ed.), § 57-625.
(a) If no claim is interposed, such alcoholic beverages or other property shall be forfeited without further proceedings and the same shall be sold as herein provided.
(b) The above procedure is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
Acts 1941, ch. 119, § 4; C. Supp. 1950, § 6648.27 (Williams, § 6648.29); Acts 1955, ch. 347, § 7; 1959, ch. 302, § 2; T.C.A. (orig. ed.), § 57-625.