Tenn. Code Ann. § 57-4-306 — TN Code / Title 57 / Chapter 4 / Section 57-4-306
Distribution of collections
Status: in_force

(a) All gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows: (1) Fifty percent (50%) to the general fund to be earmarked for education purposes; and (2) The other fifty percent (50%) to be distributed to local political subdivisions as follows: (A) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and (B) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee. (b) The proceeds received by a local political subdivision pursuant to subdivision (a)(2) must be distributed by the local political subdivision in the following manner: (1) One-half (½) of the proceeds must be distributed as follows: (A) If the county school system is the only LEA in the county, then to the county trustee for the county school system from the collection of taxes in the county or any city exercising the privilege authorized under § 57-4-301(c) ; (B) If a city exercises the privilege authorized under § 57-4-301(c) and operates a kindergarten through grade twelve (K-12) school system, then to the city recorder, who shall retain the collections for the city school system; (C) If a city exercises the privilege authorized under § 57-4-301(c) and operates a city school system that is not a kindergarten through grade twelve (K-12) school system, then to the city recorder: (i) In the amount the percentage that the prior year's average daily attendance (ADA) of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or the county school system with the remaining amount distributed to the county trustee for the county school system, if the city lies entirely in a single county; or (ii) In the amount the percentage that the prior year's ADA of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or a county school system with the remaining amount divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems, if the city lies within two (2) or more counties; (D) Notwithstanding § 49-3-315 , if a city exercises the privilege authorized under § 57-4-301(c) , but does not operate a city school system, then to the county trustee for the county school system; (E) If a special school district lies, in whole or in part, within a city that exercises the privilege authorized under § 57-4-301(c) , then to the appropriate official acting for the special school district in the amount the percentage the ADA of public school students residing in the city and attending the special school district is to the total ADA of city public school students who attend either the special school district or the county school system with any remaining amount distributed to the county trustee for the county school system; (F) Notwithstanding § 49-3-315 , if a county exercises the privilege authorized under § 57-4-301(c) and one (1) or more city school systems operate within the county, then to the county trustee for the county school system any tax revenues collected outside the boundaries of cities exercising the privilege authorized under § 57-4-301(c) that have city school systems; or (G) If a city that lies in two (2) or more counties exercises the privilege authorized under § 57-4-301(c) but does not operate a city school system, then tax revenues collected in the city must be divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems; (2) The other one-half (½) of the proceeds must be distributed as follows: (A) Collections of gross receipts collected in unincorporated areas, to the county general fund; and (B) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected; and (3) As used in subdivision (b)(1), "average daily attendance" or "ADA" means: (A) If the school system was in operation during the prior school year, the aggregate days' attendance of the school system during the prior school year divided by the number of days school was in session during the prior school year; or (B) If the school system was not in operation during the prior school year, then the estimated expected attendance of the school system for the current school year as reported to the department of education. (c) Notwithstanding subdivision (a)(2), the fifty percent (50%) of the gross receipt taxes allocated to local political subdivisions by subdivision (a)(2) and collected in a municipality which is a premier tourist resort shall be distributed to and expended by such municipality for schools in such municipality. (d) By August 1, 2014, every city or county that exercises the privilege authorized under § 57-4-301(c) shall provide written notice to each school system operating within its jurisdiction. This notice shall contain a statement that the local political subdivision exercises the privilege authorized under § 57-4-301(c) , a statement that students within the jurisdiction attend a school or schools operated by the school system, a statement that the school system is authorized to receive a portion of the revenues collected, and a reference to this part. A city or county that, subsequent to July 1, 2014, elects to exercise the privilege authorized under § 57-4-301(c) , shall comply with the notice provisions of this subsection (d) within thirty (30) days of the effective date of the referendum. (e) If the local political subdivision fails to remit the proceeds to the appropriate school fund, system, or systems as required under subsection (b) within sixty (60) days of receipt from the commissioner, then the aggrieved local school board shall notify the comptroller of the treasury who shall deliver by certified mail a written notice of such failure to the local political subdivision within five (5) business days of notice of the failure. (f) In the event the local political subdivision fails to remit the proceeds within thirty (30) days of the receipt of such notice, the comptroller of the treasury shall direct the commissioner to withhold future distributions of proceeds to the local political subdivision authorized under subsection (b) until a final determination is made pursuant to subsection (g). (g) Upon the commissioner withholding distributions of proceeds as authorized under subsection (f), an aggrieved local school board shall have the authority to pursue equitable relief against the local political subdivision in the chancery court; provided, however, that in the event that the state is a party or becomes a party to the suit, then such suit shall be filed or transferred to the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the local political subdivision, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, then the local political subdivision shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment. (h) (1) Subsections (a)-(i) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than nor more than 98,900.................... 99,000 336,400.................... 336,500 In such counties, all gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows: (A) Fifty percent (50%) to the general fund to be earmarked for education purposes; and (B) The other fifty percent (50%) to be distributed to local political subdivisions as follows: (i) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and (ii) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee. (2) The proceeds received in each local political subdivision pursuant to subdivision (h)(1)(B) shall be distributed by the local political subdivision in the following manner: (A) One-half (½) of the proceeds shall be expended and distributed in the same manner as the county property tax for schools is expended and distributed; any proceeds expended and distributed to municipalities which do not operate their own school systems separate from the county are required to remit one-half (½) of their proceeds of the gross receipts liquor-by-the-drink tax to the county school fund; and (B) The other one-half (½) of the proceeds shall be distributed as follows: (i) Collections of gross receipts collected in unincorporated areas, to the county general fund; and (ii) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected. (i) [Expired effective July 1, 2023. See the Compiler's Notes.] Amended by 2020 Tenn. Acts, ch. 696, Secs.s 1, s 2, s 3, s 4 eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 194, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 194, s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 687, s 2, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 687, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 346, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 346, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 885, s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 885, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 220, s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 220, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 901, s 1, eff. 7/1/2014. Acts 1967, ch. 211, § 3; T.C.A., § 57-162; Acts 1982, ch. 942, §§ 1, 2; 1983, ch. 356, § 1; 2003 , ch. 355, § 19; 2005, ch. 500, § 2; 2006, ch. 989, § 7.
(a) All gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows: (1) Fifty percent (50%) to the general fund to be earmarked for education purposes; and (2) The other fifty percent (50%) to be distributed to local political subdivisions as follows: (A) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and (B) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
(1) Fifty percent (50%) to the general fund to be earmarked for education purposes; and
(2) The other fifty percent (50%) to be distributed to local political subdivisions as follows: (A) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and (B) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
(A) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and
(B) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
(b) The proceeds received by a local political subdivision pursuant to subdivision (a)(2) must be distributed by the local political subdivision in the following manner: (1) One-half (½) of the proceeds must be distributed as follows: (A) If the county school system is the only LEA in the county, then to the county trustee for the county school system from the collection of taxes in the county or any city exercising the privilege authorized under § 57-4-301(c) ; (B) If a city exercises the privilege authorized under § 57-4-301(c) and operates a kindergarten through grade twelve (K-12) school system, then to the city recorder, who shall retain the collections for the city school system; (C) If a city exercises the privilege authorized under § 57-4-301(c) and operates a city school system that is not a kindergarten through grade twelve (K-12) school system, then to the city recorder: (i) In the amount the percentage that the prior year's average daily attendance (ADA) of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or the county school system with the remaining amount distributed to the county trustee for the county school system, if the city lies entirely in a single county; or (ii) In the amount the percentage that the prior year's ADA of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or a county school system with the remaining amount divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems, if the city lies within two (2) or more counties; (D) Notwithstanding § 49-3-315 , if a city exercises the privilege authorized under § 57-4-301(c) , but does not operate a city school system, then to the county trustee for the county school system; (E) If a special school district lies, in whole or in part, within a city that exercises the privilege authorized under § 57-4-301(c) , then to the appropriate official acting for the special school district in the amount the percentage the ADA of public school students residing in the city and attending the special school district is to the total ADA of city public school students who attend either the special school district or the county school system with any remaining amount distributed to the county trustee for the county school system; (F) Notwithstanding § 49-3-315 , if a county exercises the privilege authorized under § 57-4-301(c) and one (1) or more city school systems operate within the county, then to the county trustee for the county school system any tax revenues collected outside the boundaries of cities exercising the privilege authorized under § 57-4-301(c) that have city school systems; or (G) If a city that lies in two (2) or more counties exercises the privilege authorized under § 57-4-301(c) but does not operate a city school system, then tax revenues collected in the city must be divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems; (2) The other one-half (½) of the proceeds must be distributed as follows: (A) Collections of gross receipts collected in unincorporated areas, to the county general fund; and (B) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected; and (3) As used in subdivision (b)(1), "average daily attendance" or "ADA" means: (A) If the school system was in operation during the prior school year, the aggregate days' attendance of the school system during the prior school year divided by the number of days school was in session during the prior school year; or (B) If the school system was not in operation during the prior school year, then the estimated expected attendance of the school system for the current school year as reported to the department of education.
(1) One-half (½) of the proceeds must be distributed as follows: (A) If the county school system is the only LEA in the county, then to the county trustee for the county school system from the collection of taxes in the county or any city exercising the privilege authorized under § 57-4-301(c) ; (B) If a city exercises the privilege authorized under § 57-4-301(c) and operates a kindergarten through grade twelve (K-12) school system, then to the city recorder, who shall retain the collections for the city school system; (C) If a city exercises the privilege authorized under § 57-4-301(c) and operates a city school system that is not a kindergarten through grade twelve (K-12) school system, then to the city recorder: (i) In the amount the percentage that the prior year's average daily attendance (ADA) of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or the county school system with the remaining amount distributed to the county trustee for the county school system, if the city lies entirely in a single county; or (ii) In the amount the percentage that the prior year's ADA of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or a county school system with the remaining amount divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems, if the city lies within two (2) or more counties; (D) Notwithstanding § 49-3-315 , if a city exercises the privilege authorized under § 57-4-301(c) , but does not operate a city school system, then to the county trustee for the county school system; (E) If a special school district lies, in whole or in part, within a city that exercises the privilege authorized under § 57-4-301(c) , then to the appropriate official acting for the special school district in the amount the percentage the ADA of public school students residing in the city and attending the special school district is to the total ADA of city public school students who attend either the special school district or the county school system with any remaining amount distributed to the county trustee for the county school system; (F) Notwithstanding § 49-3-315 , if a county exercises the privilege authorized under § 57-4-301(c) and one (1) or more city school systems operate within the county, then to the county trustee for the county school system any tax revenues collected outside the boundaries of cities exercising the privilege authorized under § 57-4-301(c) that have city school systems; or (G) If a city that lies in two (2) or more counties exercises the privilege authorized under § 57-4-301(c) but does not operate a city school system, then tax revenues collected in the city must be divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems;
(A) If the county school system is the only LEA in the county, then to the county trustee for the county school system from the collection of taxes in the county or any city exercising the privilege authorized under § 57-4-301(c) ;
(B) If a city exercises the privilege authorized under § 57-4-301(c) and operates a kindergarten through grade twelve (K-12) school system, then to the city recorder, who shall retain the collections for the city school system;
(C) If a city exercises the privilege authorized under § 57-4-301(c) and operates a city school system that is not a kindergarten through grade twelve (K-12) school system, then to the city recorder: (i) In the amount the percentage that the prior year's average daily attendance (ADA) of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or the county school system with the remaining amount distributed to the county trustee for the county school system, if the city lies entirely in a single county; or (ii) In the amount the percentage that the prior year's ADA of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or a county school system with the remaining amount divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems, if the city lies within two (2) or more counties;
(i) In the amount the percentage that the prior year's average daily attendance (ADA) of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or the county school system with the remaining amount distributed to the county trustee for the county school system, if the city lies entirely in a single county; or
(ii) In the amount the percentage that the prior year's ADA of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or a county school system with the remaining amount divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems, if the city lies within two (2) or more counties;
(D) Notwithstanding § 49-3-315 , if a city exercises the privilege authorized under § 57-4-301(c) , but does not operate a city school system, then to the county trustee for the county school system;
(E) If a special school district lies, in whole or in part, within a city that exercises the privilege authorized under § 57-4-301(c) , then to the appropriate official acting for the special school district in the amount the percentage the ADA of public school students residing in the city and attending the special school district is to the total ADA of city public school students who attend either the special school district or the county school system with any remaining amount distributed to the county trustee for the county school system;
(F) Notwithstanding § 49-3-315 , if a county exercises the privilege authorized under § 57-4-301(c) and one (1) or more city school systems operate within the county, then to the county trustee for the county school system any tax revenues collected outside the boundaries of cities exercising the privilege authorized under § 57-4-301(c) that have city school systems; or
(G) If a city that lies in two (2) or more counties exercises the privilege authorized under § 57-4-301(c) but does not operate a city school system, then tax revenues collected in the city must be divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems;
(2) The other one-half (½) of the proceeds must be distributed as follows: (A) Collections of gross receipts collected in unincorporated areas, to the county general fund; and (B) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected; and
(A) Collections of gross receipts collected in unincorporated areas, to the county general fund; and
(B) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected; and
(3) As used in subdivision (b)(1), "average daily attendance" or "ADA" means: (A) If the school system was in operation during the prior school year, the aggregate days' attendance of the school system during the prior school year divided by the number of days school was in session during the prior school year; or (B) If the school system was not in operation during the prior school year, then the estimated expected attendance of the school system for the current school year as reported to the department of education.
(A) If the school system was in operation during the prior school year, the aggregate days' attendance of the school system during the prior school year divided by the number of days school was in session during the prior school year; or
(B) If the school system was not in operation during the prior school year, then the estimated expected attendance of the school system for the current school year as reported to the department of education.
(c) Notwithstanding subdivision (a)(2), the fifty percent (50%) of the gross receipt taxes allocated to local political subdivisions by subdivision (a)(2) and collected in a municipality which is a premier tourist resort shall be distributed to and expended by such municipality for schools in such municipality.
(d) By August 1, 2014, every city or county that exercises the privilege authorized under § 57-4-301(c) shall provide written notice to each school system operating within its jurisdiction. This notice shall contain a statement that the local political subdivision exercises the privilege authorized under § 57-4-301(c) , a statement that students within the jurisdiction attend a school or schools operated by the school system, a statement that the school system is authorized to receive a portion of the revenues collected, and a reference to this part. A city or county that, subsequent to July 1, 2014, elects to exercise the privilege authorized under § 57-4-301(c) , shall comply with the notice provisions of this subsection (d) within thirty (30) days of the effective date of the referendum.
(e) If the local political subdivision fails to remit the proceeds to the appropriate school fund, system, or systems as required under subsection (b) within sixty (60) days of receipt from the commissioner, then the aggrieved local school board shall notify the comptroller of the treasury who shall deliver by certified mail a written notice of such failure to the local political subdivision within five (5) business days of notice of the failure.
(f) In the event the local political subdivision fails to remit the proceeds within thirty (30) days of the receipt of such notice, the comptroller of the treasury shall direct the commissioner to withhold future distributions of proceeds to the local political subdivision authorized under subsection (b) until a final determination is made pursuant to subsection (g).
(g) Upon the commissioner withholding distributions of proceeds as authorized under subsection (f), an aggrieved local school board shall have the authority to pursue equitable relief against the local political subdivision in the chancery court; provided, however, that in the event that the state is a party or becomes a party to the suit, then such suit shall be filed or transferred to the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the local political subdivision, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, then the local political subdivision shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment.
(h) (1) Subsections (a)-(i) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than nor more than 98,900.................... 99,000 336,400.................... 336,500 In such counties, all gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows: (A) Fifty percent (50%) to the general fund to be earmarked for education purposes; and (B) The other fifty percent (50%) to be distributed to local political subdivisions as follows: (i) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and (ii) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee. (2) The proceeds received in each local political subdivision pursuant to subdivision (h)(1)(B) shall be distributed by the local political subdivision in the following manner: (A) One-half (½) of the proceeds shall be expended and distributed in the same manner as the county property tax for schools is expended and distributed; any proceeds expended and distributed to municipalities which do not operate their own school systems separate from the county are required to remit one-half (½) of their proceeds of the gross receipts liquor-by-the-drink tax to the county school fund; and (B) The other one-half (½) of the proceeds shall be distributed as follows: (i) Collections of gross receipts collected in unincorporated areas, to the county general fund; and (ii) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected.
(1) Subsections (a)-(i) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than nor more than 98,900.................... 99,000 336,400.................... 336,500 In such counties, all gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows: (A) Fifty percent (50%) to the general fund to be earmarked for education purposes; and (B) The other fifty percent (50%) to be distributed to local political subdivisions as follows: (i) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and (ii) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
not less than nor more than 98,900.................... 99,000 336,400.................... 336,500
not less than
nor more than
98,900....................
99,000
336,400....................
336,500
In such counties, all gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows:
(A) Fifty percent (50%) to the general fund to be earmarked for education purposes; and
(B) The other fifty percent (50%) to be distributed to local political subdivisions as follows: (i) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and (ii) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
(i) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and
(ii) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
(2) The proceeds received in each local political subdivision pursuant to subdivision (h)(1)(B) shall be distributed by the local political subdivision in the following manner: (A) One-half (½) of the proceeds shall be expended and distributed in the same manner as the county property tax for schools is expended and distributed; any proceeds expended and distributed to municipalities which do not operate their own school systems separate from the county are required to remit one-half (½) of their proceeds of the gross receipts liquor-by-the-drink tax to the county school fund; and (B) The other one-half (½) of the proceeds shall be distributed as follows: (i) Collections of gross receipts collected in unincorporated areas, to the county general fund; and (ii) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected.
(A) One-half (½) of the proceeds shall be expended and distributed in the same manner as the county property tax for schools is expended and distributed; any proceeds expended and distributed to municipalities which do not operate their own school systems separate from the county are required to remit one-half (½) of their proceeds of the gross receipts liquor-by-the-drink tax to the county school fund; and
(B) The other one-half (½) of the proceeds shall be distributed as follows: (i) Collections of gross receipts collected in unincorporated areas, to the county general fund; and (ii) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected.
(i) Collections of gross receipts collected in unincorporated areas, to the county general fund; and
(ii) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected.
(i) [Expired effective July 1, 2023. See the Compiler's Notes.]
Amended by 2020 Tenn. Acts, ch. 696, Secs.s 1, s 2, s 3, s 4 eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 194, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 194, s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 687, s 2, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 687, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 346, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 346, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 885, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 885, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 220, s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 220, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 901, s 1, eff. 7/1/2014.
Acts 1967, ch. 211, § 3; T.C.A., § 57-162; Acts 1982, ch. 942, §§ 1, 2; 1983, ch. 356, § 1; 2003 , ch. 355, § 19; 2005, ch. 500, § 2; 2006, ch. 989, § 7.
Tenn. Code Ann. § 57-1-101 — TN Code / Title 57 / Chapter 1 / Section 57-1-101
"Commission" defined
Status: in_force

Whenever the word "commission" appears in the context of this chapter, the same means and refers to the alcoholic beverage commission. Acts 1963, ch. 257, § 11; T.C.A., § 57-819.
Whenever the word "commission" appears in the context of this chapter, the same means and refers to the alcoholic beverage commission.
Acts 1963, ch. 257, § 11; T.C.A., § 57-819.
Tenn. Code Ann. § 57-3-702 — TN Code / Title 57 / Chapter 3 / Section 57-3-702
Commission authorized to issue permits
Status: in_force

The commission is authorized to issue employee permits pursuant to §§ 57-3-203(d) , 57-3-203(e) , [former] 57-3-204(c) [expired] and server permits pursuant to § 57-4-203(h) in accordance with the requirements of this part. Amended by 2017 Tenn. Acts, ch. 373, s 3, eff. 5/11/2017. Amended by 2014 Tenn. Acts, ch. 973,s 3, eff. 7/1/2014. Acts 1995, ch. 396, § 1.
The commission is authorized to issue employee permits pursuant to §§ 57-3-203(d) , 57-3-203(e) , [former] 57-3-204(c) [expired] and server permits pursuant to § 57-4-203(h) in accordance with the requirements of this part.
Amended by 2017 Tenn. Acts, ch. 373, s 3, eff. 5/11/2017.
Amended by 2014 Tenn. Acts, ch. 973,s 3, eff. 7/1/2014.
Acts 1995, ch. 396, § 1.
Tenn. Code Ann. § 57-3-201 — TN Code / Title 57 / Chapter 3 / Section 57-3-201
License classifications
Status: in_force

The alcoholic beverage commission may issue, under this chapter, the following classes of licenses, in relation to alcoholic spirituous beverages exclusively, which shall consist of the following classes only: (1) Manufacturer's or distiller's or rectifier's license; (2) Liquor wholesaler's license; (3) Liquor retailer's license; (4) Winery license; (5) Winery direct shipper's license; (6) Alcoholic beverage collector's license; (7) Winemaking on premises facility license; (8) Farm wine permit; and (9) Wine at retail food store license. Amended by 2019 Tenn. Acts, ch. 263,s 1, eff. 4/30/2019. Amended by 2014 Tenn. Acts, ch. 554,s 5, eff. 7/1/2014. Acts 1939, ch. 49, § 5; mod. C. Supp. 1950, § 6648.10 (Williams, § 6648.8); modified; impl. am. Acts 1963, ch. 257, § 17; T.C.A. (orig. ed.), § 57-114; Acts 2009, ch. 348, § 2; 2009, ch. 484, § 2; 2011, ch. 451, § 1; 2012, ch. 691, § 2.
The alcoholic beverage commission may issue, under this chapter, the following classes of licenses, in relation to alcoholic spirituous beverages exclusively, which shall consist of the following classes only:
(1) Manufacturer's or distiller's or rectifier's license;
(2) Liquor wholesaler's license;
(3) Liquor retailer's license;
(4) Winery license;
(5) Winery direct shipper's license;
(6) Alcoholic beverage collector's license;
(7) Winemaking on premises facility license;
(8) Farm wine permit; and
(9) Wine at retail food store license.
Amended by 2019 Tenn. Acts, ch. 263,s 1, eff. 4/30/2019.
Amended by 2014 Tenn. Acts, ch. 554,s 5, eff. 7/1/2014.
Acts 1939, ch. 49, § 5; mod. C. Supp. 1950, § 6648.10 (Williams, § 6648.8); modified; impl. am. Acts 1963, ch. 257, § 17; T.C.A. (orig. ed.), § 57-114; Acts 2009, ch. 348, § 2; 2009, ch. 484, § 2; 2011, ch. 451, § 1; 2012, ch. 691, § 2.
Tenn. Code Ann. § 57-3-1002 — TN Code / Title 57 / Chapter 3 / Section 57-3-1002
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Basic cost of intoxicating liquor" means the invoice cost of intoxicating liquor to the retailer in the quantity last purchased from the wholesaler at prices generally available in the marketplace, absent any cash or other discounts, incentives and/or concessions of any kind, whether such discounts, incentives, or concessions are offered within or outside of this state, to which shall be added the full face value of any taxes, freight, or delivery fees which may be required by any tax law of this state imposed upon intoxicating liquor supplied to retailers now in effect or hereafter enacted, and any other taxes or fees imposed by this title, if not already included by the wholesaler in this price; (2) "Commission" means the alcoholic beverage commission; (3) "Cost of doing business by the retailer" is ten percent (10%) of the basic cost of intoxicating liquor to the retailer; (4) "Cost to the retailer" means the "basic cost of intoxicating liquor" to the retailer plus the "cost of doing business by the retailer"; (5) "Intoxicating liquor" means and includes alcohol, spirits, liquors, and every liquid or solid, patented or not, containing alcohol, spirits, liquor, or wine and capable of being consumed by human beings, but nothing in this part shall be construed or defined as including or relating to the sale of any beverage having an alcoholic content of eight percent (8%) by weight or less; (6) "Prices generally available in the marketplace" means the price of intoxicating liquor based upon a purchase from a wholesaler on terms and conditions: (A) Typically available to retailers in the trade area in which the retailer is located; and (B) In accordance with the requirements set forth in § 57-3-404 ; (7) "Retailer" means the holder of a retailer license under § 57-3-204 ; (8) "Sell at retail", "sales at retail", or "retail sales" means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and (9) "Wholesaler" has the same meaning as provided in § 57-3-101(a) . Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
As used in this part, unless the context otherwise requires:
(1) "Basic cost of intoxicating liquor" means the invoice cost of intoxicating liquor to the retailer in the quantity last purchased from the wholesaler at prices generally available in the marketplace, absent any cash or other discounts, incentives and/or concessions of any kind, whether such discounts, incentives, or concessions are offered within or outside of this state, to which shall be added the full face value of any taxes, freight, or delivery fees which may be required by any tax law of this state imposed upon intoxicating liquor supplied to retailers now in effect or hereafter enacted, and any other taxes or fees imposed by this title, if not already included by the wholesaler in this price;
(2) "Commission" means the alcoholic beverage commission;
(3) "Cost of doing business by the retailer" is ten percent (10%) of the basic cost of intoxicating liquor to the retailer;
(4) "Cost to the retailer" means the "basic cost of intoxicating liquor" to the retailer plus the "cost of doing business by the retailer";
(5) "Intoxicating liquor" means and includes alcohol, spirits, liquors, and every liquid or solid, patented or not, containing alcohol, spirits, liquor, or wine and capable of being consumed by human beings, but nothing in this part shall be construed or defined as including or relating to the sale of any beverage having an alcoholic content of eight percent (8%) by weight or less;
(6) "Prices generally available in the marketplace" means the price of intoxicating liquor based upon a purchase from a wholesaler on terms and conditions: (A) Typically available to retailers in the trade area in which the retailer is located; and (B) In accordance with the requirements set forth in § 57-3-404 ;
(A) Typically available to retailers in the trade area in which the retailer is located; and
(B) In accordance with the requirements set forth in § 57-3-404 ;
(7) "Retailer" means the holder of a retailer license under § 57-3-204 ;
(8) "Sell at retail", "sales at retail", or "retail sales" means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and
(9) "Wholesaler" has the same meaning as provided in § 57-3-101(a) .
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
Tenn. Code Ann. § 57-2-106 — TN Code / Title 57 / Chapter 2 / Section 57-2-106
Restrictions on labeling of intoxicating liquors as Tennessee whiskeys
Status: in_force

(a) An intoxicating liquor may not be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" unless the intoxicating liquor is: (1) Manufactured in Tennessee; (2) Made of a grain mixture that is at least fifty-one percent (51%) corn; (3) Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume; (4) Aged in new, charred oak barrels in Tennessee; (5) Filtered through maple charcoal prior to aging; (6) Placed in the barrel at no more than one hundred twenty-five (125) proof or sixty-two and one-half percent (62.5%) alcohol by volume; and (7) Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume. (b) Any manufacturer who violates this section shall be subject to suspension or revocation of its license for a period of not less than one (1) year. (c) Subdivision (a)(5) shall not apply to intoxicating liquor manufactured at a distillery located in a county that authorized the manufacturing process by referendum after January 1, 1979, and prior to January 1, 1980; provided, however, that any such distillery was first licensed by the state alcoholic beverage commission after January 1, 2000, and before January 1, 2001. (d) (1) Any Tennessee corporation, limited liability company or proprietorship that holds a federal distiller basic permit pursuant to 27 U.S.C. § 204 and had a licensed manufacturing operation in this state as of January 1, 2013, may label, market and sell any product owned or contracted to purchase by such permit holder on or after July 1, 2013, for a period of thirty-six (36) months; provided, however, that any product manufactured at such distillery after July 1, 2013, shall meet all the requirements of subsection (a) to be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky". (2) This subsection (d) shall apply to any product that is referred to as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" under 27 CFR part 5 on July 1, 2013. Added by 2013 Tenn. Acts, ch. 341,s 1, eff. 7/1/2013.
(a) An intoxicating liquor may not be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" unless the intoxicating liquor is: (1) Manufactured in Tennessee; (2) Made of a grain mixture that is at least fifty-one percent (51%) corn; (3) Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume; (4) Aged in new, charred oak barrels in Tennessee; (5) Filtered through maple charcoal prior to aging; (6) Placed in the barrel at no more than one hundred twenty-five (125) proof or sixty-two and one-half percent (62.5%) alcohol by volume; and (7) Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume.
(1) Manufactured in Tennessee;
(2) Made of a grain mixture that is at least fifty-one percent (51%) corn;
(3) Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume;
(4) Aged in new, charred oak barrels in Tennessee;
(5) Filtered through maple charcoal prior to aging;
(6) Placed in the barrel at no more than one hundred twenty-five (125) proof or sixty-two and one-half percent (62.5%) alcohol by volume; and
(7) Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume.
(b) Any manufacturer who violates this section shall be subject to suspension or revocation of its license for a period of not less than one (1) year.
(c) Subdivision (a)(5) shall not apply to intoxicating liquor manufactured at a distillery located in a county that authorized the manufacturing process by referendum after January 1, 1979, and prior to January 1, 1980; provided, however, that any such distillery was first licensed by the state alcoholic beverage commission after January 1, 2000, and before January 1, 2001.
(d) (1) Any Tennessee corporation, limited liability company or proprietorship that holds a federal distiller basic permit pursuant to 27 U.S.C. § 204 and had a licensed manufacturing operation in this state as of January 1, 2013, may label, market and sell any product owned or contracted to purchase by such permit holder on or after July 1, 2013, for a period of thirty-six (36) months; provided, however, that any product manufactured at such distillery after July 1, 2013, shall meet all the requirements of subsection (a) to be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky". (2) This subsection (d) shall apply to any product that is referred to as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" under 27 CFR part 5 on July 1, 2013.
(1) Any Tennessee corporation, limited liability company or proprietorship that holds a federal distiller basic permit pursuant to 27 U.S.C. § 204 and had a licensed manufacturing operation in this state as of January 1, 2013, may label, market and sell any product owned or contracted to purchase by such permit holder on or after July 1, 2013, for a period of thirty-six (36) months; provided, however, that any product manufactured at such distillery after July 1, 2013, shall meet all the requirements of subsection (a) to be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky".
(2) This subsection (d) shall apply to any product that is referred to as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" under 27 CFR part 5 on July 1, 2013.
Added by 2013 Tenn. Acts, ch. 341,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 57-5-113 — TN Code / Title 57 / Chapter 5 / Section 57-5-113
Sale of beer allowed any time authorized to sell liquor and wine - Beer permit required
Status: in_force

Any establishment that is permitted to sell liquor or wine for on-premises consumption pursuant to chapter 4 of this title shall be allowed to sell beer at any time the establishment is legally authorized to sell liquor or wine; provided, that the establishment has lawfully obtained a beer permit from the appropriate jurisdiction. Acts 2011, ch. 27, § 1.
Any establishment that is permitted to sell liquor or wine for on-premises consumption pursuant to chapter 4 of this title shall be allowed to sell beer at any time the establishment is legally authorized to sell liquor or wine; provided, that the establishment has lawfully obtained a beer permit from the appropriate jurisdiction.
Acts 2011, ch. 27, § 1.
Tenn. Code Ann. § 57-9-101 — TN Code / Title 57 / Chapter 9 / Section 57-9-101
Destruction of liquor and paraphernalia
Status: in_force

(a) It is the duty of all sheriffs and deputy sheriffs of the different counties of the state and the police officers of each incorporated city and town to search for, seize and capture all illicit distilleries, stills and worms, distilling and fermenting equipment and apparatus and other paraphernalia connected therewith, or used or to be used in the illicit manufacture of intoxicating liquors; raw materials and substances connected with or to be used in the illicit manufacture of intoxicating liquors; and containers connected with or used in the packaging of illicitly manufactured intoxicating liquors. (b) It is the duty of such officer or officers to destroy any and all whiskey, beer, or other intoxicants found at or near such distilleries or stills except with respect to intoxicating liquors upon which federal tax has been paid as provided in § 57-9-115 . (c) It is the duty of such officer or officers capturing such distilleries, stills, distilling and fermenting equipment and apparatus and other paraphernalia, to summarily destroy and render useless such property. Any intoxicants or other articles of personal property destroyed under authority of this section shall be destroyed in the presence of at least two (2) credible witnesses. Within five (5) days after such destruction, the officer destroying such intoxicants or other articles shall file a written statement, listing all items destroyed, signed by the officer destroying and the witness or witnesses thereto, with the circuit or criminal court clerk of the county where seized and, in addition, shall file a copy thereof with the alcoholic beverage commission. (d) The reference to sheriffs and deputy sheriffs in this section shall also include constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County. Acts 1919, ch. 20, § 1; Shan. Supp., § 6798a19b18; Code 1932, § 11239; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 584, § 1; 1972, ch. 672, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 5; T.C.A. (orig. ed.), § 57-601; Acts 1982, ch. 881, § 1; 1991, ch. 9, § 8; 1992, ch. 973, § 6; Private Acts 1994, ch. 191, § 4; Acts 1996, ch. 553, § 5; 1996, ch. 753, § 5.
(a) It is the duty of all sheriffs and deputy sheriffs of the different counties of the state and the police officers of each incorporated city and town to search for, seize and capture all illicit distilleries, stills and worms, distilling and fermenting equipment and apparatus and other paraphernalia connected therewith, or used or to be used in the illicit manufacture of intoxicating liquors; raw materials and substances connected with or to be used in the illicit manufacture of intoxicating liquors; and containers connected with or used in the packaging of illicitly manufactured intoxicating liquors.
(b) It is the duty of such officer or officers to destroy any and all whiskey, beer, or other intoxicants found at or near such distilleries or stills except with respect to intoxicating liquors upon which federal tax has been paid as provided in § 57-9-115 .
(c) It is the duty of such officer or officers capturing such distilleries, stills, distilling and fermenting equipment and apparatus and other paraphernalia, to summarily destroy and render useless such property. Any intoxicants or other articles of personal property destroyed under authority of this section shall be destroyed in the presence of at least two (2) credible witnesses. Within five (5) days after such destruction, the officer destroying such intoxicants or other articles shall file a written statement, listing all items destroyed, signed by the officer destroying and the witness or witnesses thereto, with the circuit or criminal court clerk of the county where seized and, in addition, shall file a copy thereof with the alcoholic beverage commission.
(d) The reference to sheriffs and deputy sheriffs in this section shall also include constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County.
not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000
not less than
nor more than
3,700
4,700
6,000
7,800
8,400
8,500
8,535
8,540
9,200
9,570
10,770
10,780
11,512
11,550
11,700
11,900
12,000
13,000
14,500
14,600
15,300
15,500
15,750
16,000
17,000
17,350
18,000
18,200
18,300
18,900
19,000
19,100
21,000
21,500
21,600
22,300
23,200
23,350
23,355
23,391
23,450
23,500
23,750
24,000
24,255
25,600
27,500
27,900
28,000
28,555
28,600
29,250
31,250
31,260
33,000
33,700
34,000
35,480
41,800
41,900
50,000
57,550
59,400
59,500
60,050
60,600
62,000
64,000
65,000
101,000
118,400
118,700
200,000
according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County.
Acts 1919, ch. 20, § 1; Shan. Supp., § 6798a19b18; Code 1932, § 11239; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 584, § 1; 1972, ch. 672, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 5; T.C.A. (orig. ed.), § 57-601; Acts 1982, ch. 881, § 1; 1991, ch. 9, § 8; 1992, ch. 973, § 6; Private Acts 1994, ch. 191, § 4; Acts 1996, ch. 553, § 5; 1996, ch. 753, § 5.
Tenn. Code Ann. § 57-6-112 — TN Code / Title 57 / Chapter 6 / Section 57-6-112
Exclusiveness of tax
Status: in_force

Any county or municipality which collects the tax as provided herein shall not be authorized to levy any other sales tax, inspection fee or special tax of any type or kind except the privilege license fee authorized by chapter 5 of this title on the sale of beer either at retail or wholesale. Acts 1953, ch. 76, § 14 (Williams, § 1051.31); T.C.A. (orig. ed.), § 57-314.
Any county or municipality which collects the tax as provided herein shall not be authorized to levy any other sales tax, inspection fee or special tax of any type or kind except the privilege license fee authorized by chapter 5 of this title on the sale of beer either at retail or wholesale.
Acts 1953, ch. 76, § 14 (Williams, § 1051.31); T.C.A. (orig. ed.), § 57-314.
Tenn. Code Ann. § 57-3-704 — TN Code / Title 57 / Chapter 3 / Section 57-3-704
Application requirements for server permits
Status: in_force

(a) Any individual may be eligible for a server permit by completing an application for such a permit on the forms provided by the commission. An applicant for a server permit must demonstrate to the commission that the applicant meets the following requirements: (1) Within one (1) year prior to the submission of the application the applicant has successfully completed a program of alcohol awareness training for persons involved in the direct service of alcohol, wine or beer by an entity certified by the commission to have an adequate training curriculum for alcohol awareness. The program must consist of not less than three and one-half (3½) hours of training. The curriculum must include training to understand the role of alcohol in sexual assault and harassment, best practices for ensuring patron safety and bystander intervention, recognizing the role of drugs in assault, and strategies to prevent patron drugging in establishments. The curriculum must also educate servers on recognizing and reporting signs of human trafficking. If, in the determination of the commission, a state other than Tennessee is deemed to have an adequate program of alcohol awareness training, then the successful completion of such training in that state within one (1) year prior to the submission of an application to the commission for a server permit shall satisfy the requirement of alcohol awareness training; (2) The applicant is at least eighteen (18) years of age; and (3) The applicant: (A) Has not been convicted of a felony offense involving the use or threat of violence to a human being or any sex-related crime within the previous eight (8) years; (B) Has not been convicted of a felony offense involving theft, fraud, deceit, or intoxication within the previous four (4) years; (C) Has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues within the previous four (4) years; (D) Has not had a server permit or any similar permit issued by the state, a local jurisdiction, or a foreign jurisdiction revoked by an issuing authority within the previous four (4) years; and (E) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-4-101 , or § 57-5-103 that has had its license or permit revoked by the issuing authority within the previous four (4) years. (b) If an applicant does not meet the requirements of subdivision (a)(3), but is otherwise eligible for a server permit, then the applicant's application shall be initially denied pursuant to this subsection (b). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the employee permit, notwithstanding the requirements of subdivision (a)(3). (c) (1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for a server permit until the relevant time period described in subdivision (a)(3) has expired. If a person applies for a server permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply. (2) If the administrative law judge, hearing officer, or commission denies an application pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply. (d) If a person is convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B) after being issued a server permit pursuant to this section, the commission may institute proceedings to revoke the person's server permit pursuant to § 57-3-214 ; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's server permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B). If the administrative law judge, hearing officer, or commission revokes a server permit pursuant to this subsection (d), then the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3)(A) or (a)(3)(B) has expired. If a person applies for an employee or server permit in violation of this subsection (d), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply. (e) The commission may promulgate rules and regulations to enforce and administer this section pursuant to the Uniform Administrative Procedures Act. (f) The commission may suspend or revoke a server permit for any violation of this title or any rule or regulation promulgated by the commission committed by the permit holder. The commission may, in lieu of suspending or revoking a server permit under this subsection (f), require the server to retake and successfully complete a program of alcohol awareness training conducted by an entity certified by the commission. (g) (1) Any employee, representative, or agent of a permittee whose duties include verifying that a person is twenty-one (21) years of age or older for the purpose of authorizing the person access to the premises of the permittee shall, during any period in which the employee, representative, or agent is required to verify that a person is twenty-one (21) years of age or older, require each person seeking access to the premises whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older to present a valid, government-issued document or other acceptable form of identification that includes the photograph and birth date of the person. (2) The commission may impose a fine of five hundred dollars ($500) against any employee, representative, or agent of a permittee who violates subdivision (g)(1). (3) As used in this subsection (g): (A) "Employee, representative, or agent" does not include a server permitted under § 57-4-203(h) and this part; and (B) "Permittee" means any person, business, or other entity issued a permit under chapter 4 of this title for the purpose of authorizing the sale and consumption of alcoholic beverages on the premises of the permittee. (h) A person employed pursuant to § 50-5-106(b)(2) and not permitted to take orders for or serve intoxicating beverages is not required to obtain a server permit. Amended by 2024 Tenn. Acts, ch. 731,s 1, eff. 1/1/2025. Amended by 2023 Tenn. Acts, ch. 355, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 68, s 3, eff. 3/23/2023. Amended by 2019 Tenn. Acts, ch. 435, s 1, eff. 5/22/2019. Amended by 2017 Tenn. Acts, ch. 147, s 13, eff. 4/17/2017. Amended by 2016 Tenn. Acts, ch. 908, s 2, eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 719, s 2, eff. 4/6/2016. Amended by 2014 Tenn. Acts, ch. 973,s 2, eff. 7/1/2014. Acts 1995, ch. 396, § 1; 2001, ch. 279, § 2; 2012 , ch. 848, § 60; 2012, ch. 1063, § 2.
(a) Any individual may be eligible for a server permit by completing an application for such a permit on the forms provided by the commission. An applicant for a server permit must demonstrate to the commission that the applicant meets the following requirements: (1) Within one (1) year prior to the submission of the application the applicant has successfully completed a program of alcohol awareness training for persons involved in the direct service of alcohol, wine or beer by an entity certified by the commission to have an adequate training curriculum for alcohol awareness. The program must consist of not less than three and one-half (3½) hours of training. The curriculum must include training to understand the role of alcohol in sexual assault and harassment, best practices for ensuring patron safety and bystander intervention, recognizing the role of drugs in assault, and strategies to prevent patron drugging in establishments. The curriculum must also educate servers on recognizing and reporting signs of human trafficking. If, in the determination of the commission, a state other than Tennessee is deemed to have an adequate program of alcohol awareness training, then the successful completion of such training in that state within one (1) year prior to the submission of an application to the commission for a server permit shall satisfy the requirement of alcohol awareness training; (2) The applicant is at least eighteen (18) years of age; and (3) The applicant: (A) Has not been convicted of a felony offense involving the use or threat of violence to a human being or any sex-related crime within the previous eight (8) years; (B) Has not been convicted of a felony offense involving theft, fraud, deceit, or intoxication within the previous four (4) years; (C) Has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues within the previous four (4) years; (D) Has not had a server permit or any similar permit issued by the state, a local jurisdiction, or a foreign jurisdiction revoked by an issuing authority within the previous four (4) years; and (E) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-4-101 , or § 57-5-103 that has had its license or permit revoked by the issuing authority within the previous four (4) years.
(1) Within one (1) year prior to the submission of the application the applicant has successfully completed a program of alcohol awareness training for persons involved in the direct service of alcohol, wine or beer by an entity certified by the commission to have an adequate training curriculum for alcohol awareness. The program must consist of not less than three and one-half (3½) hours of training. The curriculum must include training to understand the role of alcohol in sexual assault and harassment, best practices for ensuring patron safety and bystander intervention, recognizing the role of drugs in assault, and strategies to prevent patron drugging in establishments. The curriculum must also educate servers on recognizing and reporting signs of human trafficking. If, in the determination of the commission, a state other than Tennessee is deemed to have an adequate program of alcohol awareness training, then the successful completion of such training in that state within one (1) year prior to the submission of an application to the commission for a server permit shall satisfy the requirement of alcohol awareness training;
(2) The applicant is at least eighteen (18) years of age; and
(3) The applicant: (A) Has not been convicted of a felony offense involving the use or threat of violence to a human being or any sex-related crime within the previous eight (8) years; (B) Has not been convicted of a felony offense involving theft, fraud, deceit, or intoxication within the previous four (4) years; (C) Has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues within the previous four (4) years; (D) Has not had a server permit or any similar permit issued by the state, a local jurisdiction, or a foreign jurisdiction revoked by an issuing authority within the previous four (4) years; and (E) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-4-101 , or § 57-5-103 that has had its license or permit revoked by the issuing authority within the previous four (4) years.
(A) Has not been convicted of a felony offense involving the use or threat of violence to a human being or any sex-related crime within the previous eight (8) years;
(B) Has not been convicted of a felony offense involving theft, fraud, deceit, or intoxication within the previous four (4) years;
(C) Has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues within the previous four (4) years;
(D) Has not had a server permit or any similar permit issued by the state, a local jurisdiction, or a foreign jurisdiction revoked by an issuing authority within the previous four (4) years; and
(E) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-4-101 , or § 57-5-103 that has had its license or permit revoked by the issuing authority within the previous four (4) years.
(b) If an applicant does not meet the requirements of subdivision (a)(3), but is otherwise eligible for a server permit, then the applicant's application shall be initially denied pursuant to this subsection (b). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the employee permit, notwithstanding the requirements of subdivision (a)(3).
(c) (1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for a server permit until the relevant time period described in subdivision (a)(3) has expired. If a person applies for a server permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply. (2) If the administrative law judge, hearing officer, or commission denies an application pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply.
(1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for a server permit until the relevant time period described in subdivision (a)(3) has expired. If a person applies for a server permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply.
(2) If the administrative law judge, hearing officer, or commission denies an application pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply.
(d) If a person is convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B) after being issued a server permit pursuant to this section, the commission may institute proceedings to revoke the person's server permit pursuant to § 57-3-214 ; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's server permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B). If the administrative law judge, hearing officer, or commission revokes a server permit pursuant to this subsection (d), then the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3)(A) or (a)(3)(B) has expired. If a person applies for an employee or server permit in violation of this subsection (d), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply.
(e) The commission may promulgate rules and regulations to enforce and administer this section pursuant to the Uniform Administrative Procedures Act.
(f) The commission may suspend or revoke a server permit for any violation of this title or any rule or regulation promulgated by the commission committed by the permit holder. The commission may, in lieu of suspending or revoking a server permit under this subsection (f), require the server to retake and successfully complete a program of alcohol awareness training conducted by an entity certified by the commission.
(g) (1) Any employee, representative, or agent of a permittee whose duties include verifying that a person is twenty-one (21) years of age or older for the purpose of authorizing the person access to the premises of the permittee shall, during any period in which the employee, representative, or agent is required to verify that a person is twenty-one (21) years of age or older, require each person seeking access to the premises whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older to present a valid, government-issued document or other acceptable form of identification that includes the photograph and birth date of the person. (2) The commission may impose a fine of five hundred dollars ($500) against any employee, representative, or agent of a permittee who violates subdivision (g)(1). (3) As used in this subsection (g): (A) "Employee, representative, or agent" does not include a server permitted under § 57-4-203(h) and this part; and (B) "Permittee" means any person, business, or other entity issued a permit under chapter 4 of this title for the purpose of authorizing the sale and consumption of alcoholic beverages on the premises of the permittee.
(1) Any employee, representative, or agent of a permittee whose duties include verifying that a person is twenty-one (21) years of age or older for the purpose of authorizing the person access to the premises of the permittee shall, during any period in which the employee, representative, or agent is required to verify that a person is twenty-one (21) years of age or older, require each person seeking access to the premises whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older to present a valid, government-issued document or other acceptable form of identification that includes the photograph and birth date of the person.
(2) The commission may impose a fine of five hundred dollars ($500) against any employee, representative, or agent of a permittee who violates subdivision (g)(1).
(3) As used in this subsection (g): (A) "Employee, representative, or agent" does not include a server permitted under § 57-4-203(h) and this part; and (B) "Permittee" means any person, business, or other entity issued a permit under chapter 4 of this title for the purpose of authorizing the sale and consumption of alcoholic beverages on the premises of the permittee.
(A) "Employee, representative, or agent" does not include a server permitted under § 57-4-203(h) and this part; and
(B) "Permittee" means any person, business, or other entity issued a permit under chapter 4 of this title for the purpose of authorizing the sale and consumption of alcoholic beverages on the premises of the permittee.
(h) A person employed pursuant to § 50-5-106(b)(2) and not permitted to take orders for or serve intoxicating beverages is not required to obtain a server permit.
Amended by 2024 Tenn. Acts, ch. 731,s 1, eff. 1/1/2025.
Amended by 2023 Tenn. Acts, ch. 355, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 68, s 3, eff. 3/23/2023.
Amended by 2019 Tenn. Acts, ch. 435, s 1, eff. 5/22/2019.
Amended by 2017 Tenn. Acts, ch. 147, s 13, eff. 4/17/2017.
Amended by 2016 Tenn. Acts, ch. 908, s 2, eff. 4/27/2016.
Amended by 2016 Tenn. Acts, ch. 719, s 2, eff. 4/6/2016.
Amended by 2014 Tenn. Acts, ch. 973,s 2, eff. 7/1/2014.
Acts 1995, ch. 396, § 1; 2001, ch. 279, § 2; 2012 , ch. 848, § 60; 2012, ch. 1063, § 2.
Tenn. Code Ann. § 57-3-701 — TN Code / Title 57 / Chapter 3 / Section 57-3-701
Short title
Status: in_force

This part shall be known as the "Alcohol Server Responsibility and Training Act of 1995." Acts 1995, ch. 396, § 1.
This part shall be known as the "Alcohol Server Responsibility and Training Act of 1995."
Acts 1995, ch. 396, § 1.
Tenn. Code Ann. § 57-3-410 — TN Code / Title 57 / Chapter 3 / Section 57-3-410
Grand jury investigations
Status: in_force

To the end that this chapter may be better enforced, the grand juries of this state shall have and are clothed with inquisitorial power to inquire into and ascertain whether or not there has been any violation of this chapter, and to return indictments in proper cases. It shall be the duty of all circuit and criminal court judges to give this law in their charges to the grand juries of the state, and all sheriffs and other peace officers charged with the enforcement of the laws of the state are also required to enforce this chapter. Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; T.C.A. (orig. ed.), § 57-146.
To the end that this chapter may be better enforced, the grand juries of this state shall have and are clothed with inquisitorial power to inquire into and ascertain whether or not there has been any violation of this chapter, and to return indictments in proper cases. It shall be the duty of all circuit and criminal court judges to give this law in their charges to the grand juries of the state, and all sheriffs and other peace officers charged with the enforcement of the laws of the state are also required to enforce this chapter.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; T.C.A. (orig. ed.), § 57-146.
Tenn. Code Ann. § 57-5-202 — TN Code / Title 57 / Chapter 5 / Section 57-5-202
Commissioner of revenue - Supervision and collection of tax - Enforcement of law
Status: in_force

(a) The supervision and collection of the tax imposed in § 57-5-201 is under the direction of the commissioner of revenue. The commissioner shall expend so much of four percent (4%) of the amount received thereunder each year as may be necessary to defray the expenses including clerical and mechanical help and transportation arising out of the administration of this chapter. (b) No employee of the commissioner shall, while so employed, be interested, directly or indirectly, in the vending, storing, distributing and/or manufacturing of such beer and/or any other beverage under the penalty of dismissal from office and of five hundred dollars ($500) fine, to be recovered by indictment or presentment. (c) The police and penal provisions of this chapter shall be enforced by members of the state highway patrol and all sheriffs, deputy sheriffs and police officers of the state and its political subdivisions. Such officers, along with inspectors, agents, representatives or officers appointed by the commissioner, shall be charged with the enforcement of the revenue provisions of this chapter. Duly authorized representatives of the department, in the discretion of the commissioner, are authorized and empowered to make arrests for violation of the revenue provisions of this chapter while on active duty engaged in enforcing the revenue provisions of this chapter. Acts 1933, ch. 69, § 3; 1943, ch. 53, § 4; C. Supp. 1950, § 1191.3; impl. am. Acts 1959, ch. 9, § 14; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 578, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 584, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 4; T.C.A., (orig. ed.), § 57-214; Acts 1982, ch. 881, § 1; 1991, ch. 9, § 7; 1992, ch. 973, § 5; Private Acts 1994, ch. 191, § 4; Acts 1996, ch. 553, § 4; 1996, ch. 693, § 1; 1996, ch. 753, § 4.
(a) The supervision and collection of the tax imposed in § 57-5-201 is under the direction of the commissioner of revenue. The commissioner shall expend so much of four percent (4%) of the amount received thereunder each year as may be necessary to defray the expenses including clerical and mechanical help and transportation arising out of the administration of this chapter.
(b) No employee of the commissioner shall, while so employed, be interested, directly or indirectly, in the vending, storing, distributing and/or manufacturing of such beer and/or any other beverage under the penalty of dismissal from office and of five hundred dollars ($500) fine, to be recovered by indictment or presentment.
(c) The police and penal provisions of this chapter shall be enforced by members of the state highway patrol and all sheriffs, deputy sheriffs and police officers of the state and its political subdivisions. Such officers, along with inspectors, agents, representatives or officers appointed by the commissioner, shall be charged with the enforcement of the revenue provisions of this chapter. Duly authorized representatives of the department, in the discretion of the commissioner, are authorized and empowered to make arrests for violation of the revenue provisions of this chapter while on active duty engaged in enforcing the revenue provisions of this chapter.
Acts 1933, ch. 69, § 3; 1943, ch. 53, § 4; C. Supp. 1950, § 1191.3; impl. am. Acts 1959, ch. 9, § 14; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 578, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 584, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 4; T.C.A., (orig. ed.), § 57-214; Acts 1982, ch. 881, § 1; 1991, ch. 9, § 7; 1992, ch. 973, § 5; Private Acts 1994, ch. 191, § 4; Acts 1996, ch. 553, § 4; 1996, ch. 693, § 1; 1996, ch. 753, § 4.
Tenn. Code Ann. § 57-9-115 — TN Code / Title 57 / Chapter 9 / Section 57-9-115
Delivery of seized liquor to alcoholic beverage commission - Sale
Status: in_force

(a) Any intoxicating liquors seized in accordance with this part, upon which federal tax has been paid, shall be turned over to the alcoholic beverage commission for public sale by the commissioner of general services as contraband in accordance with part 2 of this chapter. (b) The commission, at the request of the district attorney general, shall withhold from sale and make available to the court on the day of trial, a sufficient amount of such intoxicating liquor for use as evidence and proof of the offense contained in the indictment of any person under prosecution in connection therewith. (c) It shall be the duty of the sheriff to notify the commission in writing within ten (10) days after the seizure of such liquors, describing the brands and quantity thereof, and to turn over such liquors to the commission at the time and place designated by the commission. (d) It shall be the responsibility of the commission to provide transportation and storage for such liquors. (e) In the event the commission calls upon the sheriff to transport such liquors, all expenses incurred by the sheriff in the transportation of such liquors shall be borne by the commission, and the sheriff shall be allowed the same mileage fee as for transporting prisoners, in addition to the other actual cost of transportation. (f) All money received from the sale of such liquors shall be deposited in the general fund of the state treasury; provided, that, in the case of all liquor captured or confiscated by a police officer of any incorporated municipality, the funds derived from the sale of such liquor, less ten percent (10%) to be retained by the state for costs of administration, shall be turned over to the municipality served by such police officer; and provided further, that in the case of all liquor captured or confiscated by the sheriff, deputy sheriff or constable of any county, the funds derived from the sale of such liquor, less ten percent (10%) to be retained by the state for costs of administration, shall be turned over to the county served by such sheriff, deputy sheriff or constable. (g) Each sheriff, deputy sheriff or constable of any county or any police officer of any municipality, who has seized and confiscated any intoxicating liquors, shall make an itemized list of such beverages, showing the quantity, brand, name and size of bottle, and shall deliver a signed copy of the itemized list to the commission at the time the beverages are delivered or turned over to the commission for disposal. The agent or representative of the commission receiving the beverages shall likewise issue a receipt to such officer covering the beverages. A copy of the list of beverages prepared by the officer making the seizure and confiscation shall be delivered by the officer to the county mayor of the county if the seizure be made by a county officer, and a copy shall be furnished the mayor of the municipality if the seizure be made by a municipal officer. The commission likewise shall furnish the county mayor with a copy of the list of beverages which it has received from the particular law enforcement officer. Acts 1919, ch. 50, § 9; Shan. Supp., § 6798a19b9; Code 1932, § 11232; Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; Acts 1955, ch. 347, § 9; impl. am. Acts 1959, ch. 9, §§ 5, 14; Acts 1959, ch. 301, § 2; impl. am. Acts 1961, ch. 97, § 5; Acts 1963, ch. 258, § 1; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1978, ch. 934, §§ 16, 36; modified; T.C.A. (orig. ed.), § 57-616.
(a) Any intoxicating liquors seized in accordance with this part, upon which federal tax has been paid, shall be turned over to the alcoholic beverage commission for public sale by the commissioner of general services as contraband in accordance with part 2 of this chapter.
(b) The commission, at the request of the district attorney general, shall withhold from sale and make available to the court on the day of trial, a sufficient amount of such intoxicating liquor for use as evidence and proof of the offense contained in the indictment of any person under prosecution in connection therewith.
(c) It shall be the duty of the sheriff to notify the commission in writing within ten (10) days after the seizure of such liquors, describing the brands and quantity thereof, and to turn over such liquors to the commission at the time and place designated by the commission.
(d) It shall be the responsibility of the commission to provide transportation and storage for such liquors.
(e) In the event the commission calls upon the sheriff to transport such liquors, all expenses incurred by the sheriff in the transportation of such liquors shall be borne by the commission, and the sheriff shall be allowed the same mileage fee as for transporting prisoners, in addition to the other actual cost of transportation.
(f) All money received from the sale of such liquors shall be deposited in the general fund of the state treasury; provided, that, in the case of all liquor captured or confiscated by a police officer of any incorporated municipality, the funds derived from the sale of such liquor, less ten percent (10%) to be retained by the state for costs of administration, shall be turned over to the municipality served by such police officer; and provided further, that in the case of all liquor captured or confiscated by the sheriff, deputy sheriff or constable of any county, the funds derived from the sale of such liquor, less ten percent (10%) to be retained by the state for costs of administration, shall be turned over to the county served by such sheriff, deputy sheriff or constable.
(g) Each sheriff, deputy sheriff or constable of any county or any police officer of any municipality, who has seized and confiscated any intoxicating liquors, shall make an itemized list of such beverages, showing the quantity, brand, name and size of bottle, and shall deliver a signed copy of the itemized list to the commission at the time the beverages are delivered or turned over to the commission for disposal. The agent or representative of the commission receiving the beverages shall likewise issue a receipt to such officer covering the beverages. A copy of the list of beverages prepared by the officer making the seizure and confiscation shall be delivered by the officer to the county mayor of the county if the seizure be made by a county officer, and a copy shall be furnished the mayor of the municipality if the seizure be made by a municipal officer. The commission likewise shall furnish the county mayor with a copy of the list of beverages which it has received from the particular law enforcement officer.
Acts 1919, ch. 50, § 9; Shan. Supp., § 6798a19b9; Code 1932, § 11232; Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; Acts 1955, ch. 347, § 9; impl. am. Acts 1959, ch. 9, §§ 5, 14; Acts 1959, ch. 301, § 2; impl. am. Acts 1961, ch. 97, § 5; Acts 1963, ch. 258, § 1; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1978, ch. 934, §§ 16, 36; modified; T.C.A. (orig. ed.), § 57-616.
Tenn. Code Ann. § 57-4-108 — TN Code / Title 57 / Chapter 4 / Section 57-4-108
Production, storage and sale of infused alcohol products
Status: in_force

(a) As used in this title, "infusion" or "infused product" means any product created from the combining or mixing of an alcoholic beverage with nonalcoholic products or material over a sustained period of time, and at the time of the combination or mixing, the combination or mixture is not intended for immediate consumption. (b) (1) Notwithstanding any law to the contrary, an establishment licensed to sell alcoholic beverages for on-premises consumption pursuant to this part may produce, store and sell infusions pursuant to this section. (2) The commission may promulgate rules and regulations regarding the production, storage, and sale of infusions by any licensee in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) All alcoholic beverages used in the production of an infusion must be purchased from a licensed wholesaler. (d) A batch of infused product shall not: (1) Contain any added stimulant, drug, or illegal substance; provided, that "added stimulant": (A) Means any stimulant used in the production of the infusion that is not naturally contained in any food product or beverage used in the production of the infusion; and (B) Includes, but is not limited to, caffeine, guarana, ginseng, and taurine and any product or beverage which includes stimulants that are not naturally included in the product or beverage, including, but not limited to, energy drinks; (2) Be removed or transported from the licensed premises; or (3) Be infused in, stored in, or dispensed from an original package of liquor or wine, or a container bearing an alcoholic beverage name brand. (e) A batch of infused product shall be labeled with a list of each ingredient contained in the infusion. Amended by 2017 Tenn. Acts, ch. 338,Secs.s1, s2 eff. 5/9/2017. Added by 2014 Tenn. Acts, ch. 1001,s 9, eff. 5/22/2014.
(a) As used in this title, "infusion" or "infused product" means any product created from the combining or mixing of an alcoholic beverage with nonalcoholic products or material over a sustained period of time, and at the time of the combination or mixing, the combination or mixture is not intended for immediate consumption.
(b) (1) Notwithstanding any law to the contrary, an establishment licensed to sell alcoholic beverages for on-premises consumption pursuant to this part may produce, store and sell infusions pursuant to this section. (2) The commission may promulgate rules and regulations regarding the production, storage, and sale of infusions by any licensee in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Notwithstanding any law to the contrary, an establishment licensed to sell alcoholic beverages for on-premises consumption pursuant to this part may produce, store and sell infusions pursuant to this section.
(2) The commission may promulgate rules and regulations regarding the production, storage, and sale of infusions by any licensee in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) All alcoholic beverages used in the production of an infusion must be purchased from a licensed wholesaler.
(d) A batch of infused product shall not: (1) Contain any added stimulant, drug, or illegal substance; provided, that "added stimulant": (A) Means any stimulant used in the production of the infusion that is not naturally contained in any food product or beverage used in the production of the infusion; and (B) Includes, but is not limited to, caffeine, guarana, ginseng, and taurine and any product or beverage which includes stimulants that are not naturally included in the product or beverage, including, but not limited to, energy drinks; (2) Be removed or transported from the licensed premises; or (3) Be infused in, stored in, or dispensed from an original package of liquor or wine, or a container bearing an alcoholic beverage name brand.
(1) Contain any added stimulant, drug, or illegal substance; provided, that "added stimulant": (A) Means any stimulant used in the production of the infusion that is not naturally contained in any food product or beverage used in the production of the infusion; and (B) Includes, but is not limited to, caffeine, guarana, ginseng, and taurine and any product or beverage which includes stimulants that are not naturally included in the product or beverage, including, but not limited to, energy drinks;
(A) Means any stimulant used in the production of the infusion that is not naturally contained in any food product or beverage used in the production of the infusion; and
(B) Includes, but is not limited to, caffeine, guarana, ginseng, and taurine and any product or beverage which includes stimulants that are not naturally included in the product or beverage, including, but not limited to, energy drinks;
(2) Be removed or transported from the licensed premises; or
(3) Be infused in, stored in, or dispensed from an original package of liquor or wine, or a container bearing an alcoholic beverage name brand.
(e) A batch of infused product shall be labeled with a list of each ingredient contained in the infusion.
Amended by 2017 Tenn. Acts, ch. 338,Secs.s1, s2 eff. 5/9/2017.
Added by 2014 Tenn. Acts, ch. 1001,s 9, eff. 5/22/2014.
Tenn. Code Ann. § 57-10-102 — TN Code / Title 57 / Chapter 10 / Section 57-10-102
Standard of proof
Status: in_force

Notwithstanding § 57-10-101 , no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person: (1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or (2) Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold. Acts 1986, ch. 519, §2; 2009 , ch. 492, § 1.
Notwithstanding § 57-10-101 , no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:
(1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or
(2) Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.
Acts 1986, ch. 519, §2; 2009 , ch. 492, § 1.
Tenn. Code Ann. § 57-3-102 — TN Code / Title 57 / Chapter 3 / Section 57-3-102
Traffic in intoxicating liquor permitted by local option
Status: in_force

(a) It is lawful to manufacture, store, sell, distribute and purchase alcoholic beverages or wine subject to proper licensing, payment of taxes, compliance with the limitation, regulations and conditions provided in this chapter, in counties or municipalities of this state that by local option elections so permit as provided in this chapter. (b) It shall be lawful for an individual to transport up to five gallons (5 gals.) of alcoholic beverages or wine for personal or household use of the individual in counties or municipalities that have not permitted the sale of alcoholic beverages or wine by local option elections as provided in this chapter and amounts in excess of five gallons (5 gals.) if accompanied by a receipt or other documentation demonstrating legal purchase or transport from an entity licensed under § 57-3-203 , § 57-3-204 , § 57-3-207 or § 57-3-218 . Acts 1939, ch. 49, § 1; C. Supp. 1950, § 6648.5 (Williams, § 6648.4); T.C.A. (orig. ed.), § 57-107; Acts 2009, ch. 434, § 3; 2011, ch. 451, § 4.
(a) It is lawful to manufacture, store, sell, distribute and purchase alcoholic beverages or wine subject to proper licensing, payment of taxes, compliance with the limitation, regulations and conditions provided in this chapter, in counties or municipalities of this state that by local option elections so permit as provided in this chapter.
(b) It shall be lawful for an individual to transport up to five gallons (5 gals.) of alcoholic beverages or wine for personal or household use of the individual in counties or municipalities that have not permitted the sale of alcoholic beverages or wine by local option elections as provided in this chapter and amounts in excess of five gallons (5 gals.) if accompanied by a receipt or other documentation demonstrating legal purchase or transport from an entity licensed under § 57-3-203 , § 57-3-204 , § 57-3-207 or § 57-3-218 .
Acts 1939, ch. 49, § 1; C. Supp. 1950, § 6648.5 (Williams, § 6648.4); T.C.A. (orig. ed.), § 57-107; Acts 2009, ch. 434, § 3; 2011, ch. 451, § 4.
Tenn. Code Ann. § 57-9-116 — TN Code / Title 57 / Chapter 9 / Section 57-9-116
Report of sales
Status: in_force

All sales of liquor made as directed in §§ 57-9-115 - 57-9-119 shall be reported to the court in writing, stating the amount disposed of, the prices obtained therefor, and such other information as the court may require. If it shall appear that the sheriff has complied with the order of the court directing the sale, then such report shall be approved and entered on the minutes of the court. Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-617.
All sales of liquor made as directed in §§ 57-9-115 - 57-9-119 shall be reported to the court in writing, stating the amount disposed of, the prices obtained therefor, and such other information as the court may require. If it shall appear that the sheriff has complied with the order of the court directing the sale, then such report shall be approved and entered on the minutes of the court.
Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-617.
Tenn. Code Ann. § 57-4-107 — TN Code / Title 57 / Chapter 4 / Section 57-4-107
Sales of alcoholic beverages for consumption on the premises in unincorporated areas of a county
Status: in_force

(a) Notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that, by local option election in a county-wide referendum, approves the legal sale of alcoholic beverages for consumption on the premises, if that county has a charter form of government. This section shall apply to any such county that has already approved this referendum prior to June 5, 2009. (b) In addition to the sales of alcoholic beverages authorized pursuant to subsection (a), notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that approves the legal sale of alcoholic beverages for consumption on the premises by local option election called and held, in accordance with § 57-3-106(g) , in portions of the county lying outside municipalities meeting the requirements of § 57-3-106(g)(1) . (c) If a county-wide referendum for the legal sale of alcoholic beverages for consumption on the premises is approved in a county, the sales of alcoholic beverages are permitted in any municipality that participated in the referendum regardless of the minimum population requirement for a municipality in § 57-3-101 . Amended by 2017 Tenn. Acts, ch. 147,s 20, eff. 4/17/2017. Acts 2009, ch. 351, § 1; 2011, ch. 411, § 1; 2011, ch. 447, § 1.
(a) Notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that, by local option election in a county-wide referendum, approves the legal sale of alcoholic beverages for consumption on the premises, if that county has a charter form of government. This section shall apply to any such county that has already approved this referendum prior to June 5, 2009.
(b) In addition to the sales of alcoholic beverages authorized pursuant to subsection (a), notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that approves the legal sale of alcoholic beverages for consumption on the premises by local option election called and held, in accordance with § 57-3-106(g) , in portions of the county lying outside municipalities meeting the requirements of § 57-3-106(g)(1) .
(c) If a county-wide referendum for the legal sale of alcoholic beverages for consumption on the premises is approved in a county, the sales of alcoholic beverages are permitted in any municipality that participated in the referendum regardless of the minimum population requirement for a municipality in § 57-3-101 .
Amended by 2017 Tenn. Acts, ch. 147,s 20, eff. 4/17/2017.
Acts 2009, ch. 351, § 1; 2011, ch. 411, § 1; 2011, ch. 447, § 1.
Tenn. Code Ann. § 57-6-101 — TN Code / Title 57 / Chapter 6 / Section 57-6-101
Short title
Status: in_force

This part shall be known as the "Wholesale Beer Tax Act." Acts 1953, ch. 76, § 1 (Williams, § 1051.18); T.C.A. (orig. ed.), § 57-301.
This part shall be known as the "Wholesale Beer Tax Act."
Acts 1953, ch. 76, § 1 (Williams, § 1051.18); T.C.A. (orig. ed.), § 57-301.
Tenn. Code Ann. § 57-3-108 — TN Code / Title 57 / Chapter 3 / Section 57-3-108
District commissions - Members - Appointment - Term of office - Qualifications - Vacancies - Service without compensation
Status: in_force

(a) Whenever any civil district of any county of the state shall by virtue of § 57-3-205 meet the requisites for the licensing of retail liquor stores to be located within such district the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, shall appoint a three-member commission composed of citizens and residents of the civil district involved, which commission shall be vested with all the powers and duties with respect to the sale of alcoholic beverages within such district which may under state law be vested in the mayor and/or board of aldermen of a municipality of the state, including the right to limit the number of such stores and to limit the permissible locations within such district where such stores may be situated. (b) Members of such commission shall serve until the next biennial election in August occurring more than thirty (30) days after such civil district shall be brought within the requirements of this chapter for the sale of alcoholic beverages at retail, at which time their successors shall be elected. (c) The qualifications required of a member of such commission shall be the same as those for the magistrates of such district, and the qualifications of those entitled to vote for such commissioners shall be the same as those required for voters for the office of magistrate of such district. (d) The term of office of all the members of the commission shall be for two (2) years, or until their successors are duly elected and take office. All vacancies on the commission shall be filled by the appointment of the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, and such appointment shall be for the unexpired term of the member whose vacancy is being filled. (e) The members of the commission shall serve without compensation and shall have no interest, financial or otherwise, in any retail or wholesale liquor store or distillery. (f) In the event the terms of office of the members of the commission shall have expired, that is, that they shall have served the two (2) years for which they were originally elected, and as many as one (1) biennial election has been held without the voters having an opportunity to elect the members of the commission because no names were printed on the ballot, then the terms of the members of the commission shall be automatically terminated and a new commission shall be designated with all the rights and powers attaching to the commission herein. In such event the members of the commission shall be appointed by a board composed of the secretary of state, state treasurer and comptroller of the treasury in the same case as otherwise provided for filling vacancies. Acts 1939, ch. 49, § 9a, as added by Acts 1951, ch. 52, § 4 (Williams, § 6648.12a1); 1955, ch. 244, § 1; T.C.A. (orig. ed.), § 57-113.
(a) Whenever any civil district of any county of the state shall by virtue of § 57-3-205 meet the requisites for the licensing of retail liquor stores to be located within such district the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, shall appoint a three-member commission composed of citizens and residents of the civil district involved, which commission shall be vested with all the powers and duties with respect to the sale of alcoholic beverages within such district which may under state law be vested in the mayor and/or board of aldermen of a municipality of the state, including the right to limit the number of such stores and to limit the permissible locations within such district where such stores may be situated.
(b) Members of such commission shall serve until the next biennial election in August occurring more than thirty (30) days after such civil district shall be brought within the requirements of this chapter for the sale of alcoholic beverages at retail, at which time their successors shall be elected.
(c) The qualifications required of a member of such commission shall be the same as those for the magistrates of such district, and the qualifications of those entitled to vote for such commissioners shall be the same as those required for voters for the office of magistrate of such district.
(d) The term of office of all the members of the commission shall be for two (2) years, or until their successors are duly elected and take office. All vacancies on the commission shall be filled by the appointment of the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, and such appointment shall be for the unexpired term of the member whose vacancy is being filled.
(e) The members of the commission shall serve without compensation and shall have no interest, financial or otherwise, in any retail or wholesale liquor store or distillery.
(f) In the event the terms of office of the members of the commission shall have expired, that is, that they shall have served the two (2) years for which they were originally elected, and as many as one (1) biennial election has been held without the voters having an opportunity to elect the members of the commission because no names were printed on the ballot, then the terms of the members of the commission shall be automatically terminated and a new commission shall be designated with all the rights and powers attaching to the commission herein. In such event the members of the commission shall be appointed by a board composed of the secretary of state, state treasurer and comptroller of the treasury in the same case as otherwise provided for filling vacancies.
Acts 1939, ch. 49, § 9a, as added by Acts 1951, ch. 52, § 4 (Williams, § 6648.12a1); 1955, ch. 244, § 1; T.C.A. (orig. ed.), § 57-113.
Tenn. Code Ann. § 57-5-410 — TN Code / Title 57 / Chapter 5 / Section 57-5-410
Notification of seizure - Claims
Status: in_force

(a) Upon confiscation, or as soon thereafter as practicable, written notice shall be given by the department of revenue to the person from whom the confiscation was made and to all others with a legal interest in the property confiscated who are either made known to the department or who, by reasonable examination of public records of titles and liens, should have been discovered. Such written notice shall state: a description of the property confiscated, the reason for confiscation, the method for seeking recovery, the time limit for seeking recovery, and the result of failure to seek or obtain recovery by the designated method. Such notice may be by personal delivery or by mail either of which may be made to the last known address of the interested party. (b) Any person claiming any property so seized as contraband goods may, within ten (10) days of such notice, and after executing a bond for costs with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250) made payable to the state of Tennessee, or upon executing a pauper's oath as provided by law, file with the commissioner at Nashville a claim in writing requesting a hearing and stating the person's interest in the property seized. The commissioner shall set a date for hearing within ten (10) days from the date the claim is posted or received. (c) In any hearing convened upon proper petition of an interested party, the initial burden shall be upon the state to show by a preponderance of the evidence that the property in question was of such nature or was used in such manner as to be declared as contraband. Upon meeting this burden, the property shall be forfeited as provided by law unless the claimant shall prove that the claimant is nevertheless qualified under this chapter, or otherwise, to recover the property in question. (d) (1) Whenever in any proceeding under this section a claim is filed for any vehicle, aircraft or boat seized, as hereinabove provided, the commissioner shall not allow the claim unless and until the claimant proves that: (A) The claimant has an interest in such vehicle, aircraft or boat, as owner or otherwise, which was acquired in good faith; (B) The claimant had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of this state relating to beer as defined in § 57-5-101(b) ; and (C) If it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or any state relating to beer as defined in § 57-5-101(b) has a right with respect to such vehicle, aircraft or boat, that before such claimant acquired the interest, or such other person acquired the right under such contract or agreement, whichever occurred later, the claimant, claimant's officer or agent, made inquiry and was informed, in answer to the inquiry at the headquarters of the sheriff, chief of police, principal federal internal revenue officer engaged in the enforcement of the beer laws, or other principal local or federal law enforcement officer of the locality in which such other person acquired the right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation. (2) Provided, however, that in the case of a first offense of violating this chapter, and after hearing provided for herein, subdivision (d)(1) may, in the discretion of the commissioner, be waived and claim of owner or lienholder may be honored. (e) The commissioner may designate a hearing officer from the department to conduct the hearings provided for in this section, who shall make findings of fact, conclusions of law, and proposed orders based thereon. If the commissioner concurs, the commissioner shall issue the order; or the commissioner may, upon review of the record, make such findings, conclusions, and issue such orders as, in the commissioner's discretion, the record justifies. (f) Pending any proceeding to recover any beer as defined in § 57-5-101(b) and/or any vehicle seized as contraband under this chapter, or pending any appeal of the action taken by the commissioner as a result of any such proceeding, the commissioner may order delivery thereof to any claimant who shall establish the right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the commissioner, and deliver to the commissioner, a bond in favor of the state of Tennessee for the payment of a sum double the appraised value thereof as of the time of the seizure. The condition of the bond shall be that the obligors shall pay to the state, through the department, the full value of the goods or property when seized, unless upon a final determination by the commissioner or the courts the property shall be awarded to the claimant. The full value of the goods or property seized shall be determined by the commissioner and such determination shall be presumed to be correct in the absence of any proof to the contrary being submitted by the claimant. Amended by 2014 Tenn. Acts, ch. 861,Secs.s13, s14, s15 eff. 5/1/2014. Acts 1969, ch. 299, § 3; 1970, ch. 578, § 2; 1971, ch. 213, § 1; 1973, ch. 84, § 2; T.C.A., § 57-233.
(a) Upon confiscation, or as soon thereafter as practicable, written notice shall be given by the department of revenue to the person from whom the confiscation was made and to all others with a legal interest in the property confiscated who are either made known to the department or who, by reasonable examination of public records of titles and liens, should have been discovered. Such written notice shall state: a description of the property confiscated, the reason for confiscation, the method for seeking recovery, the time limit for seeking recovery, and the result of failure to seek or obtain recovery by the designated method. Such notice may be by personal delivery or by mail either of which may be made to the last known address of the interested party.
(b) Any person claiming any property so seized as contraband goods may, within ten (10) days of such notice, and after executing a bond for costs with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250) made payable to the state of Tennessee, or upon executing a pauper's oath as provided by law, file with the commissioner at Nashville a claim in writing requesting a hearing and stating the person's interest in the property seized. The commissioner shall set a date for hearing within ten (10) days from the date the claim is posted or received.
(c) In any hearing convened upon proper petition of an interested party, the initial burden shall be upon the state to show by a preponderance of the evidence that the property in question was of such nature or was used in such manner as to be declared as contraband. Upon meeting this burden, the property shall be forfeited as provided by law unless the claimant shall prove that the claimant is nevertheless qualified under this chapter, or otherwise, to recover the property in question.
(d) (1) Whenever in any proceeding under this section a claim is filed for any vehicle, aircraft or boat seized, as hereinabove provided, the commissioner shall not allow the claim unless and until the claimant proves that: (A) The claimant has an interest in such vehicle, aircraft or boat, as owner or otherwise, which was acquired in good faith; (B) The claimant had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of this state relating to beer as defined in § 57-5-101(b) ; and (C) If it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or any state relating to beer as defined in § 57-5-101(b) has a right with respect to such vehicle, aircraft or boat, that before such claimant acquired the interest, or such other person acquired the right under such contract or agreement, whichever occurred later, the claimant, claimant's officer or agent, made inquiry and was informed, in answer to the inquiry at the headquarters of the sheriff, chief of police, principal federal internal revenue officer engaged in the enforcement of the beer laws, or other principal local or federal law enforcement officer of the locality in which such other person acquired the right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation. (2) Provided, however, that in the case of a first offense of violating this chapter, and after hearing provided for herein, subdivision (d)(1) may, in the discretion of the commissioner, be waived and claim of owner or lienholder may be honored.
(1) Whenever in any proceeding under this section a claim is filed for any vehicle, aircraft or boat seized, as hereinabove provided, the commissioner shall not allow the claim unless and until the claimant proves that: (A) The claimant has an interest in such vehicle, aircraft or boat, as owner or otherwise, which was acquired in good faith; (B) The claimant had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of this state relating to beer as defined in § 57-5-101(b) ; and (C) If it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or any state relating to beer as defined in § 57-5-101(b) has a right with respect to such vehicle, aircraft or boat, that before such claimant acquired the interest, or such other person acquired the right under such contract or agreement, whichever occurred later, the claimant, claimant's officer or agent, made inquiry and was informed, in answer to the inquiry at the headquarters of the sheriff, chief of police, principal federal internal revenue officer engaged in the enforcement of the beer laws, or other principal local or federal law enforcement officer of the locality in which such other person acquired the right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation.
(A) The claimant has an interest in such vehicle, aircraft or boat, as owner or otherwise, which was acquired in good faith;
(B) The claimant had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of this state relating to beer as defined in § 57-5-101(b) ; and
(C) If it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or any state relating to beer as defined in § 57-5-101(b) has a right with respect to such vehicle, aircraft or boat, that before such claimant acquired the interest, or such other person acquired the right under such contract or agreement, whichever occurred later, the claimant, claimant's officer or agent, made inquiry and was informed, in answer to the inquiry at the headquarters of the sheriff, chief of police, principal federal internal revenue officer engaged in the enforcement of the beer laws, or other principal local or federal law enforcement officer of the locality in which such other person acquired the right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation.
(2) Provided, however, that in the case of a first offense of violating this chapter, and after hearing provided for herein, subdivision (d)(1) may, in the discretion of the commissioner, be waived and claim of owner or lienholder may be honored.
(e) The commissioner may designate a hearing officer from the department to conduct the hearings provided for in this section, who shall make findings of fact, conclusions of law, and proposed orders based thereon. If the commissioner concurs, the commissioner shall issue the order; or the commissioner may, upon review of the record, make such findings, conclusions, and issue such orders as, in the commissioner's discretion, the record justifies.
(f) Pending any proceeding to recover any beer as defined in § 57-5-101(b) and/or any vehicle seized as contraband under this chapter, or pending any appeal of the action taken by the commissioner as a result of any such proceeding, the commissioner may order delivery thereof to any claimant who shall establish the right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the commissioner, and deliver to the commissioner, a bond in favor of the state of Tennessee for the payment of a sum double the appraised value thereof as of the time of the seizure. The condition of the bond shall be that the obligors shall pay to the state, through the department, the full value of the goods or property when seized, unless upon a final determination by the commissioner or the courts the property shall be awarded to the claimant. The full value of the goods or property seized shall be determined by the commissioner and such determination shall be presumed to be correct in the absence of any proof to the contrary being submitted by the claimant.
Amended by 2014 Tenn. Acts, ch. 861,Secs.s13, s14, s15 eff. 5/1/2014.
Acts 1969, ch. 299, § 3; 1970, ch. 578, § 2; 1971, ch. 213, § 1; 1973, ch. 84, § 2; T.C.A., § 57-233.
Tenn. Code Ann. § 57-3-414 — TN Code / Title 57 / Chapter 3 / Section 57-3-414
Sale of powdered or crystalline alcohol prohibited - Offense - Penalties
Status: in_force

(a) No person shall sell or offer for sale for human consumption powdered or crystalline alcohol. (b) Subsection (a) does not apply to any of the following: (1) Any substance regulated by the food and drug administration in the United States department of health and human services that is not either of the following: (A) Beer or intoxicating liquor; or (B) A compound that could be converted into beer or intoxicating liquor; (2) A medication that requires a prescription; or (3) An over-the-counter medication. (c) A violation of subsection (a) is a Class A misdemeanor. In addition to any criminal penalty imposed by this subsection (c), the commission may suspend or revoke any license or permit issued under this title held by any person who violates subsection (a). (d) As used in this section: (1) "Over-the-counter medication" means medication that may be legally sold and purchased without a prescription; (2) "Powdered or crystalline alcohol" means a product that is manufactured into a powdered or crystalline form and that contains any amount of alcohol; and (3) "Prescription" means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state. Added by 2015 Tenn. Acts, ch. 311,s 1, eff. 5/1/2015.
(a) No person shall sell or offer for sale for human consumption powdered or crystalline alcohol.
(b) Subsection (a) does not apply to any of the following: (1) Any substance regulated by the food and drug administration in the United States department of health and human services that is not either of the following: (A) Beer or intoxicating liquor; or (B) A compound that could be converted into beer or intoxicating liquor; (2) A medication that requires a prescription; or (3) An over-the-counter medication.
(1) Any substance regulated by the food and drug administration in the United States department of health and human services that is not either of the following: (A) Beer or intoxicating liquor; or (B) A compound that could be converted into beer or intoxicating liquor;
(A) Beer or intoxicating liquor; or
(B) A compound that could be converted into beer or intoxicating liquor;
(2) A medication that requires a prescription; or
(3) An over-the-counter medication.
(c) A violation of subsection (a) is a Class A misdemeanor. In addition to any criminal penalty imposed by this subsection (c), the commission may suspend or revoke any license or permit issued under this title held by any person who violates subsection (a).
(d) As used in this section: (1) "Over-the-counter medication" means medication that may be legally sold and purchased without a prescription; (2) "Powdered or crystalline alcohol" means a product that is manufactured into a powdered or crystalline form and that contains any amount of alcohol; and (3) "Prescription" means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state.
(1) "Over-the-counter medication" means medication that may be legally sold and purchased without a prescription;
(2) "Powdered or crystalline alcohol" means a product that is manufactured into a powdered or crystalline form and that contains any amount of alcohol; and
(3) "Prescription" means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state.
Added by 2015 Tenn. Acts, ch. 311,s 1, eff. 5/1/2015.
Tenn. Code Ann. § 57-3-1101 — TN Code / Title 57 / Chapter 3 / Section 57-3-1101
Tennessee wine and grape board
Status: in_force

(a) The Tennessee wine and grape board is hereby created, referred to in this part as the "board", for the purpose of supporting the growth of the wine industry in this state. (b) For administrative purposes only, the board is attached to the department of agriculture. (c) The board is composed of seven (7) members, as follows: (1) The commissioner of agriculture, or the commissioner's designee; (2) The commissioner of tourism, or the commissioner's designee; (3) A Tennessee wine producer, appointed by the governor; (4) A Tennessee grape or fruit producer, appointed by the governor; (5) A person in higher education with a background in fermentation or viticulture, appointed by the governor; and (6) Two (2) members who are involved, with respect to the wine industry in this state, in production, marketing, sales, journalism, or education, appointed by the governor. (d) Members appointed under subdivisions (c)(3)-(6) serve at the pleasure of the governor. (e) The members of the board shall receive no compensation for their service on the board, nor are the members entitled to per diem or travel expenses for the purposes of carrying out their duties under this part. (f) The commissioner of agriculture shall call the first meeting of the board. The board shall elect its chair and other officers at the first meeting of the board and annually thereafter. (g) For the initial appointments of members under subdivisions (c)(3)-(6), the governor shall appoint two (2) members to four-year terms, two (2) members to three-year terms, and one (1) member to a two-year term. (h) After the initial appointments, each appointed member shall serve a term of four (4) years. Vacancies on the board must be filled in the same manner as the initial appointment. (i) For purposes of conducting official business of the board, a quorum consists of no less than four (4) members. (j) The board shall issue an annual report on the wine industry and viticulture in this state and on current and future activities of the board, and shall submit the report to the governor, the commissioner of finance and administration, the chair of the agriculture and natural resources committee of the house of representatives, and the chair of the energy, agriculture and natural resources committee of the senate. Added by 2019 Tenn. Acts, ch. 444,s 3, eff. 7/1/2019.
(a) The Tennessee wine and grape board is hereby created, referred to in this part as the "board", for the purpose of supporting the growth of the wine industry in this state.
(b) For administrative purposes only, the board is attached to the department of agriculture.
(c) The board is composed of seven (7) members, as follows: (1) The commissioner of agriculture, or the commissioner's designee; (2) The commissioner of tourism, or the commissioner's designee; (3) A Tennessee wine producer, appointed by the governor; (4) A Tennessee grape or fruit producer, appointed by the governor; (5) A person in higher education with a background in fermentation or viticulture, appointed by the governor; and (6) Two (2) members who are involved, with respect to the wine industry in this state, in production, marketing, sales, journalism, or education, appointed by the governor.
(1) The commissioner of agriculture, or the commissioner's designee;
(2) The commissioner of tourism, or the commissioner's designee;
(3) A Tennessee wine producer, appointed by the governor;
(4) A Tennessee grape or fruit producer, appointed by the governor;
(5) A person in higher education with a background in fermentation or viticulture, appointed by the governor; and
(6) Two (2) members who are involved, with respect to the wine industry in this state, in production, marketing, sales, journalism, or education, appointed by the governor.
(d) Members appointed under subdivisions (c)(3)-(6) serve at the pleasure of the governor.
(e) The members of the board shall receive no compensation for their service on the board, nor are the members entitled to per diem or travel expenses for the purposes of carrying out their duties under this part.
(f) The commissioner of agriculture shall call the first meeting of the board. The board shall elect its chair and other officers at the first meeting of the board and annually thereafter.
(g) For the initial appointments of members under subdivisions (c)(3)-(6), the governor shall appoint two (2) members to four-year terms, two (2) members to three-year terms, and one (1) member to a two-year term.
(h) After the initial appointments, each appointed member shall serve a term of four (4) years. Vacancies on the board must be filled in the same manner as the initial appointment.
(i) For purposes of conducting official business of the board, a quorum consists of no less than four (4) members.
(j) The board shall issue an annual report on the wine industry and viticulture in this state and on current and future activities of the board, and shall submit the report to the governor, the commissioner of finance and administration, the chair of the agriculture and natural resources committee of the house of representatives, and the chair of the energy, agriculture and natural resources committee of the senate.
Added by 2019 Tenn. Acts, ch. 444,s 3, eff. 7/1/2019.
Tenn. Code Ann. § 57-4-204 — TN Code / Title 57 / Chapter 4 / Section 57-4-204
Prohibited sexual or pornographic conduct - Enforcement
Status: in_force

(a) In addition to the other duties imposed under this title, the commission is authorized to enforce subsections (b), (c), and (d); and upon violation of subsections (b), (c), and (d) by any person, firm or corporation licensed under this chapter, the commission shall revoke the privilege license of such violator. (b) The following acts or conduct on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted: (1) To employ, use or allow any person in the sale or service of alcoholic beverages or malt beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals; (2) To employ, use or allow the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subdivision (b)(1); (3) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person; (4) To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof. (c) (1) Conduct or acts on licensed premises in violation of this subsection (c) are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted. (2) Live entertainment is permitted on any licensed premises, except that: (A) No licensee shall permit any person to perform acts of or acts which simulate: (i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or (iii) The displaying of the pubic hair, anus, vulva or genitals; (B) Subject to subdivision (c)(2)(A), any entertainer who is employed in whole or in part by the licensee to dance at such licensee's premises shall perform only upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron. (3) No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. (4) No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of the person's genitals or anus. (d) The following conduct or acts on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted. The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting: (1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals; (3) Scenes wherein a person displays the vulva or the anus or the genitals; or (4) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. (e) Each county, city, or metropolitan government is empowered upon approval by a two-thirds (2/3) vote of its legislative body to authorize its law enforcement officers to conduct investigations into alleged violations of subsections (a)-(d), and such law enforcement officers shall report such violations to the commission for appropriate action by such commission. (f) The commission shall be immune from liability resulting from conduct or acts of any law enforcement officers authorized to investigate violations of subsections (a)-(d) as provided in subsection (e). Acts 1980, ch. 904, §§ 1-3.
(a) In addition to the other duties imposed under this title, the commission is authorized to enforce subsections (b), (c), and (d); and upon violation of subsections (b), (c), and (d) by any person, firm or corporation licensed under this chapter, the commission shall revoke the privilege license of such violator.
(b) The following acts or conduct on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted: (1) To employ, use or allow any person in the sale or service of alcoholic beverages or malt beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals; (2) To employ, use or allow the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subdivision (b)(1); (3) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person; (4) To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
(1) To employ, use or allow any person in the sale or service of alcoholic beverages or malt beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
(2) To employ, use or allow the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subdivision (b)(1);
(3) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person;
(4) To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
(c) (1) Conduct or acts on licensed premises in violation of this subsection (c) are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted. (2) Live entertainment is permitted on any licensed premises, except that: (A) No licensee shall permit any person to perform acts of or acts which simulate: (i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or (iii) The displaying of the pubic hair, anus, vulva or genitals; (B) Subject to subdivision (c)(2)(A), any entertainer who is employed in whole or in part by the licensee to dance at such licensee's premises shall perform only upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron. (3) No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. (4) No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of the person's genitals or anus.
(1) Conduct or acts on licensed premises in violation of this subsection (c) are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted.
(2) Live entertainment is permitted on any licensed premises, except that: (A) No licensee shall permit any person to perform acts of or acts which simulate: (i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or (iii) The displaying of the pubic hair, anus, vulva or genitals; (B) Subject to subdivision (c)(2)(A), any entertainer who is employed in whole or in part by the licensee to dance at such licensee's premises shall perform only upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron.
(A) No licensee shall permit any person to perform acts of or acts which simulate: (i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or (iii) The displaying of the pubic hair, anus, vulva or genitals;
(i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
(ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or
(iii) The displaying of the pubic hair, anus, vulva or genitals;
(B) Subject to subdivision (c)(2)(A), any entertainer who is employed in whole or in part by the licensee to dance at such licensee's premises shall perform only upon a stage at least eighteen inches (18") above the immediate floor level and removed at least six feet (6') from the nearest patron.
(3) No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.
(4) No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of the person's genitals or anus.
(d) The following conduct or acts on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted. The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting: (1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals; (3) Scenes wherein a person displays the vulva or the anus or the genitals; or (4) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
(2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals;
(3) Scenes wherein a person displays the vulva or the anus or the genitals; or
(4) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
(e) Each county, city, or metropolitan government is empowered upon approval by a two-thirds (2/3) vote of its legislative body to authorize its law enforcement officers to conduct investigations into alleged violations of subsections (a)-(d), and such law enforcement officers shall report such violations to the commission for appropriate action by such commission.
(f) The commission shall be immune from liability resulting from conduct or acts of any law enforcement officers authorized to investigate violations of subsections (a)-(d) as provided in subsection (e).
Acts 1980, ch. 904, §§ 1-3.
Tenn. Code Ann. § 57-6-109 — TN Code / Title 57 / Chapter 6 / Section 57-6-109
Breakage and shortage adjustments only at time of delivery - Quality control
Status: in_force

(a) (1) In order to accurately determine the tax to be paid, no wholesaler shall make any reduction or adjustment for loss due to shortages or damaged or broken containers, except for the actual loss from the time the beer leaves the brewery until it is delivered to the retailer. (2) Such reductions or adjustments shall not exceed one-half of one percent (0.5%) of the total monthly purchases of each wholesaler, except in cases of fire, storms, acts of God or unavoidable accidents. (3) Any claims in excess of one-half of one percent (0.5%) must be substantiated by sworn statements of at least two (2) witnesses or persons otherwise familiar with the facts concerning such loss. (4) Any and all claims for such credits may be disapproved by the department of revenue. (b) All beer shall be inspected and accepted by the retailer or the retailer's representative at the time of delivery and no adjustment or refund for damage, breakage or shortage shall be made by any wholesaler subsequent to the time of delivery to the retailer. A wholesaler may determine that beer sold to a retailer does not conform to quality control standards. Upon making that determination, the wholesaler may provide the retailer with replacement beer in exchange for the beer that no longer conforms to quality control standards, if the tax paid on the total amount of replacement beer is equal to the tax credit received on the beer being returned by the retailer. (c) A wholesaler may purchase full case lots of beer previously sold to a retailer by the wholesaler at the price at which the beer was sold to the retailer: (1) Upon determination by a county or municipality that: (A) A retailer has surrendered or abandoned its permit to sell beer; (B) A retailer's permit to sell beer has been revoked; or (C) A retailer's permit to sell beer has been suspended for more than thirty (30) days; or (2) When a retailer has in good faith discontinued business for more than thirty (30) days. Acts 1953, ch. 76, § 11 (Williams, § 1051.28); Acts 1968, ch. 628, § 1; T.C.A. (orig. ed.), § 57-311; Acts 1988, ch. 466, § 2; 1990, ch. 626, § 1.
(a) (1) In order to accurately determine the tax to be paid, no wholesaler shall make any reduction or adjustment for loss due to shortages or damaged or broken containers, except for the actual loss from the time the beer leaves the brewery until it is delivered to the retailer. (2) Such reductions or adjustments shall not exceed one-half of one percent (0.5%) of the total monthly purchases of each wholesaler, except in cases of fire, storms, acts of God or unavoidable accidents. (3) Any claims in excess of one-half of one percent (0.5%) must be substantiated by sworn statements of at least two (2) witnesses or persons otherwise familiar with the facts concerning such loss. (4) Any and all claims for such credits may be disapproved by the department of revenue.
(1) In order to accurately determine the tax to be paid, no wholesaler shall make any reduction or adjustment for loss due to shortages or damaged or broken containers, except for the actual loss from the time the beer leaves the brewery until it is delivered to the retailer.
(2) Such reductions or adjustments shall not exceed one-half of one percent (0.5%) of the total monthly purchases of each wholesaler, except in cases of fire, storms, acts of God or unavoidable accidents.
(3) Any claims in excess of one-half of one percent (0.5%) must be substantiated by sworn statements of at least two (2) witnesses or persons otherwise familiar with the facts concerning such loss.
(4) Any and all claims for such credits may be disapproved by the department of revenue.
(b) All beer shall be inspected and accepted by the retailer or the retailer's representative at the time of delivery and no adjustment or refund for damage, breakage or shortage shall be made by any wholesaler subsequent to the time of delivery to the retailer. A wholesaler may determine that beer sold to a retailer does not conform to quality control standards. Upon making that determination, the wholesaler may provide the retailer with replacement beer in exchange for the beer that no longer conforms to quality control standards, if the tax paid on the total amount of replacement beer is equal to the tax credit received on the beer being returned by the retailer.
(c) A wholesaler may purchase full case lots of beer previously sold to a retailer by the wholesaler at the price at which the beer was sold to the retailer: (1) Upon determination by a county or municipality that: (A) A retailer has surrendered or abandoned its permit to sell beer; (B) A retailer's permit to sell beer has been revoked; or (C) A retailer's permit to sell beer has been suspended for more than thirty (30) days; or (2) When a retailer has in good faith discontinued business for more than thirty (30) days.
(1) Upon determination by a county or municipality that: (A) A retailer has surrendered or abandoned its permit to sell beer; (B) A retailer's permit to sell beer has been revoked; or (C) A retailer's permit to sell beer has been suspended for more than thirty (30) days; or
(A) A retailer has surrendered or abandoned its permit to sell beer;
(B) A retailer's permit to sell beer has been revoked; or
(C) A retailer's permit to sell beer has been suspended for more than thirty (30) days; or
(2) When a retailer has in good faith discontinued business for more than thirty (30) days.
Acts 1953, ch. 76, § 11 (Williams, § 1051.28); Acts 1968, ch. 628, § 1; T.C.A. (orig. ed.), § 57-311; Acts 1988, ch. 466, § 2; 1990, ch. 626, § 1.
Tenn. Code Ann. § 57-1-208 — TN Code / Title 57 / Chapter 1 / Section 57-1-208
[Repealed] Reserved
Status: repealed

Repealed by 2017 Tenn. Acts, ch. 372, s 1, eff. 1/1/2018. Acts 1979, ch. 394, § 1; T.C.A., § 57-820; Acts 1984, ch. 915, § 2.
Repealed by 2017 Tenn. Acts, ch. 372, s 1, eff. 1/1/2018.
Acts 1979, ch. 394, § 1; T.C.A., § 57-820; Acts 1984, ch. 915, § 2.
Tenn. Code Ann. § 57-3-903 — TN Code / Title 57 / Chapter 3 / Section 57-3-903
Advertising, offering for sale or selling wine at less than cost - Misdemeanor - Prima facie violation of part
Status: in_force

(a) It is a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, wine at less than cost to the retailer. (b) The advertising, sale or offer to sell of wine by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of this part, and of intent to injure competitors or destroy substantially or lessen competition. Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
(a) It is a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, wine at less than cost to the retailer.
(b) The advertising, sale or offer to sell of wine by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of this part, and of intent to injure competitors or destroy substantially or lessen competition.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
Tenn. Code Ann. § 57-9-121 — TN Code / Title 57 / Chapter 9 / Section 57-9-121
Violation of preceding sections - Penalty
Status: in_force

(a) Any person violating any of this part is guilty of a Class C misdemeanor. (b) Any officer violating this part shall also forfeit the office and be ineligible to reappointment or reelection to same for a period of five (5) years. Acts 1919, ch. 50, § 15; Shan. Supp., § 6798a19b15; Code 1932, § 11238; T.C.A. (orig. ed.), § 57-621; Acts 1989, ch. 591, § 113.
(a) Any person violating any of this part is guilty of a Class C misdemeanor.
(b) Any officer violating this part shall also forfeit the office and be ineligible to reappointment or reelection to same for a period of five (5) years.
Acts 1919, ch. 50, § 15; Shan. Supp., § 6798a19b15; Code 1932, § 11238; T.C.A. (orig. ed.), § 57-621; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 57-4-110 — TN Code / Title 57 / Chapter 4 / Section 57-4-110
Interest of licensed manufacturer in licensed establishment
Status: in_force

Notwithstanding any law or rule to the contrary, a manufacturer licensed under § 57-3-202 may have a direct or indirect interest in any establishment licensed pursuant to this part; provided, that such interest is held in an irrevocable trust by an independent trustee. Acts 2017, ch. 371, § 3; 2019, ch. 94, § 2.
Notwithstanding any law or rule to the contrary, a manufacturer licensed under § 57-3-202 may have a direct or indirect interest in any establishment licensed pursuant to this part; provided, that such interest is held in an irrevocable trust by an independent trustee.
Acts 2017, ch. 371, § 3; 2019, ch. 94, § 2.
Tenn. Code Ann. § 57-3-403 — TN Code / Title 57 / Chapter 3 / Section 57-3-403
Transportation in quantities in excess of five gallons - Bond - Bill of lading - Off-premises consumption
Status: in_force

(a) The transportation of alcoholic beverages as defined in § 57-3-101 , within, into, through, or from this state in quantities in excess of five gallons (5 gals.) is permitted only in conformity with this section or as otherwise permitted in this chapter: (1) Before any person shall transport any alcoholic beverages within, into, through, or from this state, except by means of common carrier, such person shall post with the commission a bond with approved surety payable to the state of Tennessee in the penalty of one thousand dollars ($1,000), upon condition that such person will not unlawfully transport or deliver any alcoholic beverages within, into, through, or from this state, and evidence that the required bond has been posted shall accompany the alcoholic beverages at all times during transportation. No such bond shall be required of any person licensed under this chapter to sell alcoholic beverages at wholesale when such alcoholic beverages are being transported in a vehicle belonging to the licensee; (2) Where alcoholic beverages are desired to be transported within, into, or through or from this state, such transportation shall be engaged in only when in accordance with this section or as otherwise permitted in this chapter, viz: (A) There shall accompany such alcoholic beverages at all times during transportation, a bill of lading or other memorandum of shipment signed by the consignor, showing an exact description of the alcoholic beverages being transported; the name and address of the consignor; the name and address of the consignee; and the route to be traveled by such vehicle while in Tennessee. Such route must be the most direct route from the consignor's place of business to the place of business of the consignee; (B) Vehicles transporting alcoholic beverages shall not vary from the route specified in the bill of lading or other memorandum of shipment; (C) The name of the consignor on any such bill of lading or other memorandum of shipment shall be the name of the true consignor of the alcoholic beverages being transported, and such consignor shall only be a person who has a legal right to make such shipment. The name of the consignee on any such bill of lading or memorandum of shipment shall be the name of the true consignee of the alcoholic beverages being transported, who has previously authorized in writing the shipment of the alcoholic beverages being transported and who has legal right to receive such alcoholic beverages at the point of destination shown on the bill of lading or other memorandum of shipment; and (D) The driver or person in charge of any vehicle covered by any bond posted with the commission under this section shall, when requested by any representative or agent of the commission or any person having police authority, exhibit to such person the bill of lading or other memorandum of shipment covering the cargo of such vehicle; (3) An alcoholic beverages wholesale licensee who also carries on a beer wholesale operation as provided by § 57-3-203(b)(2) may lawfully transport alcoholic beverages and beer in the same vehicle; provided, that all other legal requirements applicable to such transportation are satisfied. (b) Notwithstanding any provision of this section or title 39 to the contrary, in any jurisdiction wherein the retail sale of alcoholic beverages for consumption off the premises has been legalized, it shall be lawful to receive, possess and transport alcoholic beverages if all appropriate taxes as required by law have been paid upon such alcoholic beverages. Amended by 2014 Tenn. Acts, ch. 554, s 25, eff. 7/1/2014. Acts 1945, ch. 167, § 9; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 37; T.C.A. (orig. ed.), § 57-139; Acts 1982, ch. 614, § 1; 2009 , ch. 434, §§ 8, 9.
(a) The transportation of alcoholic beverages as defined in § 57-3-101 , within, into, through, or from this state in quantities in excess of five gallons (5 gals.) is permitted only in conformity with this section or as otherwise permitted in this chapter: (1) Before any person shall transport any alcoholic beverages within, into, through, or from this state, except by means of common carrier, such person shall post with the commission a bond with approved surety payable to the state of Tennessee in the penalty of one thousand dollars ($1,000), upon condition that such person will not unlawfully transport or deliver any alcoholic beverages within, into, through, or from this state, and evidence that the required bond has been posted shall accompany the alcoholic beverages at all times during transportation. No such bond shall be required of any person licensed under this chapter to sell alcoholic beverages at wholesale when such alcoholic beverages are being transported in a vehicle belonging to the licensee; (2) Where alcoholic beverages are desired to be transported within, into, or through or from this state, such transportation shall be engaged in only when in accordance with this section or as otherwise permitted in this chapter, viz: (A) There shall accompany such alcoholic beverages at all times during transportation, a bill of lading or other memorandum of shipment signed by the consignor, showing an exact description of the alcoholic beverages being transported; the name and address of the consignor; the name and address of the consignee; and the route to be traveled by such vehicle while in Tennessee. Such route must be the most direct route from the consignor's place of business to the place of business of the consignee; (B) Vehicles transporting alcoholic beverages shall not vary from the route specified in the bill of lading or other memorandum of shipment; (C) The name of the consignor on any such bill of lading or other memorandum of shipment shall be the name of the true consignor of the alcoholic beverages being transported, and such consignor shall only be a person who has a legal right to make such shipment. The name of the consignee on any such bill of lading or memorandum of shipment shall be the name of the true consignee of the alcoholic beverages being transported, who has previously authorized in writing the shipment of the alcoholic beverages being transported and who has legal right to receive such alcoholic beverages at the point of destination shown on the bill of lading or other memorandum of shipment; and (D) The driver or person in charge of any vehicle covered by any bond posted with the commission under this section shall, when requested by any representative or agent of the commission or any person having police authority, exhibit to such person the bill of lading or other memorandum of shipment covering the cargo of such vehicle; (3) An alcoholic beverages wholesale licensee who also carries on a beer wholesale operation as provided by § 57-3-203(b)(2) may lawfully transport alcoholic beverages and beer in the same vehicle; provided, that all other legal requirements applicable to such transportation are satisfied.
(1) Before any person shall transport any alcoholic beverages within, into, through, or from this state, except by means of common carrier, such person shall post with the commission a bond with approved surety payable to the state of Tennessee in the penalty of one thousand dollars ($1,000), upon condition that such person will not unlawfully transport or deliver any alcoholic beverages within, into, through, or from this state, and evidence that the required bond has been posted shall accompany the alcoholic beverages at all times during transportation. No such bond shall be required of any person licensed under this chapter to sell alcoholic beverages at wholesale when such alcoholic beverages are being transported in a vehicle belonging to the licensee;
(2) Where alcoholic beverages are desired to be transported within, into, or through or from this state, such transportation shall be engaged in only when in accordance with this section or as otherwise permitted in this chapter, viz: (A) There shall accompany such alcoholic beverages at all times during transportation, a bill of lading or other memorandum of shipment signed by the consignor, showing an exact description of the alcoholic beverages being transported; the name and address of the consignor; the name and address of the consignee; and the route to be traveled by such vehicle while in Tennessee. Such route must be the most direct route from the consignor's place of business to the place of business of the consignee; (B) Vehicles transporting alcoholic beverages shall not vary from the route specified in the bill of lading or other memorandum of shipment; (C) The name of the consignor on any such bill of lading or other memorandum of shipment shall be the name of the true consignor of the alcoholic beverages being transported, and such consignor shall only be a person who has a legal right to make such shipment. The name of the consignee on any such bill of lading or memorandum of shipment shall be the name of the true consignee of the alcoholic beverages being transported, who has previously authorized in writing the shipment of the alcoholic beverages being transported and who has legal right to receive such alcoholic beverages at the point of destination shown on the bill of lading or other memorandum of shipment; and (D) The driver or person in charge of any vehicle covered by any bond posted with the commission under this section shall, when requested by any representative or agent of the commission or any person having police authority, exhibit to such person the bill of lading or other memorandum of shipment covering the cargo of such vehicle;
(A) There shall accompany such alcoholic beverages at all times during transportation, a bill of lading or other memorandum of shipment signed by the consignor, showing an exact description of the alcoholic beverages being transported; the name and address of the consignor; the name and address of the consignee; and the route to be traveled by such vehicle while in Tennessee. Such route must be the most direct route from the consignor's place of business to the place of business of the consignee;
(B) Vehicles transporting alcoholic beverages shall not vary from the route specified in the bill of lading or other memorandum of shipment;
(C) The name of the consignor on any such bill of lading or other memorandum of shipment shall be the name of the true consignor of the alcoholic beverages being transported, and such consignor shall only be a person who has a legal right to make such shipment. The name of the consignee on any such bill of lading or memorandum of shipment shall be the name of the true consignee of the alcoholic beverages being transported, who has previously authorized in writing the shipment of the alcoholic beverages being transported and who has legal right to receive such alcoholic beverages at the point of destination shown on the bill of lading or other memorandum of shipment; and
(D) The driver or person in charge of any vehicle covered by any bond posted with the commission under this section shall, when requested by any representative or agent of the commission or any person having police authority, exhibit to such person the bill of lading or other memorandum of shipment covering the cargo of such vehicle;
(3) An alcoholic beverages wholesale licensee who also carries on a beer wholesale operation as provided by § 57-3-203(b)(2) may lawfully transport alcoholic beverages and beer in the same vehicle; provided, that all other legal requirements applicable to such transportation are satisfied.
(b) Notwithstanding any provision of this section or title 39 to the contrary, in any jurisdiction wherein the retail sale of alcoholic beverages for consumption off the premises has been legalized, it shall be lawful to receive, possess and transport alcoholic beverages if all appropriate taxes as required by law have been paid upon such alcoholic beverages.
Amended by 2014 Tenn. Acts, ch. 554, s 25, eff. 7/1/2014.
Acts 1945, ch. 167, § 9; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 37; T.C.A. (orig. ed.), § 57-139; Acts 1982, ch. 614, § 1; 2009 , ch. 434, §§ 8, 9.
Tenn. Code Ann. § 57-5-506 — TN Code / Title 57 / Chapter 5 / Section 57-5-506
Termination or modification of agreement with wholesaler by supplier in not less than 30 days upon written notice - Conditions
Status: in_force

A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler not less than thirty (30) days after written notice is given by the supplier as provided in § 57-5-508 if any of the following events occur: (1) The supplier discontinues production or discontinues distribution in this state of a brand sold by the supplier to the wholesaler. (A) Nothing in this section shall prohibit a supplier from conducting test marketing of a new brand of beer or a brand of beer which is not currently being sold in this state; provided, that the supplier has notified the state in writing of its plans to conduct test marketing, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place. (B) If a supplier discontinues production or distribution in this state of a brand pursuant to this section, then that supplier cannot reintroduce that brand into this state for a period of twelve (12) months after providing the written notice required by this section. (C) Whenever a supplier discontinues production or distribution in this state of a brand, the supplier shall be required at the wholesaler's request to purchase from the wholesaler any unsold inventory of the brand; or (2) A stockholder or a partner of the wholesaler has been convicted of a felony under the United States Code or the laws of any state which would adversely affect the good will or interests of the wholesaler or supplier. If another stockholder or other stockholders, or partner or partners, or a designated member or members notifies the supplier in writing within thirty (30) days after the conviction of an intent to purchase the partnership interest or the stock of the offending stockholder or partner and purchases the interest or stock within a reasonable time after notice is given, then this subdivision (2) shall not apply. Any purchase of an interest or stock pursuant to this subdivision (2) will be subject to the requirements of supplier consent contained in § 57-5-504 . Acts 1990, ch. 618, § 6.
A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler not less than thirty (30) days after written notice is given by the supplier as provided in § 57-5-508 if any of the following events occur:
(1) The supplier discontinues production or discontinues distribution in this state of a brand sold by the supplier to the wholesaler. (A) Nothing in this section shall prohibit a supplier from conducting test marketing of a new brand of beer or a brand of beer which is not currently being sold in this state; provided, that the supplier has notified the state in writing of its plans to conduct test marketing, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place. (B) If a supplier discontinues production or distribution in this state of a brand pursuant to this section, then that supplier cannot reintroduce that brand into this state for a period of twelve (12) months after providing the written notice required by this section. (C) Whenever a supplier discontinues production or distribution in this state of a brand, the supplier shall be required at the wholesaler's request to purchase from the wholesaler any unsold inventory of the brand; or
(A) Nothing in this section shall prohibit a supplier from conducting test marketing of a new brand of beer or a brand of beer which is not currently being sold in this state; provided, that the supplier has notified the state in writing of its plans to conduct test marketing, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place.
(B) If a supplier discontinues production or distribution in this state of a brand pursuant to this section, then that supplier cannot reintroduce that brand into this state for a period of twelve (12) months after providing the written notice required by this section.
(C) Whenever a supplier discontinues production or distribution in this state of a brand, the supplier shall be required at the wholesaler's request to purchase from the wholesaler any unsold inventory of the brand; or
(2) A stockholder or a partner of the wholesaler has been convicted of a felony under the United States Code or the laws of any state which would adversely affect the good will or interests of the wholesaler or supplier. If another stockholder or other stockholders, or partner or partners, or a designated member or members notifies the supplier in writing within thirty (30) days after the conviction of an intent to purchase the partnership interest or the stock of the offending stockholder or partner and purchases the interest or stock within a reasonable time after notice is given, then this subdivision (2) shall not apply. Any purchase of an interest or stock pursuant to this subdivision (2) will be subject to the requirements of supplier consent contained in § 57-5-504 .
Acts 1990, ch. 618, § 6.
Tenn. Code Ann. § 57-3-401 — TN Code / Title 57 / Chapter 3 / Section 57-3-401
Transportation, possession, importation, shipment or delivery of untaxed alcoholic beverages unlawful - Penalty
Status: in_force

(a) (1) It is an offense for any person, firm or corporation, other than a common carrier or entity licensed under this title, to transport, either in person or through an agent, employee or independent contractor, untaxed alcoholic beverages or wine as defined in § 57-3-101 within, into, through or from this state in quantities in excess of five gallons (5 gals.). Except as provided in § 57-3-103(b) authorizing a person to store alcoholic beverages intended for a person's personal or social use, it is an offense for any person, firm, corporation or association to possess untaxed alcoholic beverages or wine in quantities in excess of five gallons (5 gals.). A violation of this subdivision (a)(1) is a Class E felony. (2) Any person, firm, corporation or association transporting any alcoholic beverages or wine within or into this state shall bear the burden of proof that the taxes imposed by this title on alcoholic beverages or wine have been paid, or, in the case of wine that is manufactured at a winemaking on premises facility licensed pursuant to § 57-3-218 , that no such taxes are due. A receipt or other documentation demonstrating legal purchase or transport from an entity licensed under § 57-3-203 , § 57-3-204 , § 57-3-207 or § 57-3-218 shall be adequate proof that such taxes have been paid or that no such taxes are due. (b) (1) It is an offense for any person, firm, corporation or association to import, ship, deliver or cause to be imported, shipped or delivered into this state any alcoholic beverages upon which the tax imposed by this title has not been paid or where such transportation is not authorized under this title to an entity possessing a license issued under this title. A violation of this subdivision (b)(1) is a Class E felony. (2) Except as provided in § 57-3-207 for purchases made by an individual at a winery licensed pursuant to § 57-3-207 , and notwithstanding the prohibition in subdivision (b)(1), it shall be lawful for any individual to transport not more than five gallons (5 gals.) of alcoholic beverages or wine into or within this state for the personal or household use of that individual. Acts 1947, ch. 182, §§ 1, 2; C. Supp. 1950, § 6648.22 (Williams, §§ 6648.33, 6648.34); T.C.A. (orig. ed.), § 57-137; Acts 1989, ch. 591, § 61; 1992, ch. 608, §§ 6, 7; 2009, ch. 434, § 6; 2011, ch. 451, § 7.
(a) (1) It is an offense for any person, firm or corporation, other than a common carrier or entity licensed under this title, to transport, either in person or through an agent, employee or independent contractor, untaxed alcoholic beverages or wine as defined in § 57-3-101 within, into, through or from this state in quantities in excess of five gallons (5 gals.). Except as provided in § 57-3-103(b) authorizing a person to store alcoholic beverages intended for a person's personal or social use, it is an offense for any person, firm, corporation or association to possess untaxed alcoholic beverages or wine in quantities in excess of five gallons (5 gals.). A violation of this subdivision (a)(1) is a Class E felony. (2) Any person, firm, corporation or association transporting any alcoholic beverages or wine within or into this state shall bear the burden of proof that the taxes imposed by this title on alcoholic beverages or wine have been paid, or, in the case of wine that is manufactured at a winemaking on premises facility licensed pursuant to § 57-3-218 , that no such taxes are due. A receipt or other documentation demonstrating legal purchase or transport from an entity licensed under § 57-3-203 , § 57-3-204 , § 57-3-207 or § 57-3-218 shall be adequate proof that such taxes have been paid or that no such taxes are due.
(1) It is an offense for any person, firm or corporation, other than a common carrier or entity licensed under this title, to transport, either in person or through an agent, employee or independent contractor, untaxed alcoholic beverages or wine as defined in § 57-3-101 within, into, through or from this state in quantities in excess of five gallons (5 gals.). Except as provided in § 57-3-103(b) authorizing a person to store alcoholic beverages intended for a person's personal or social use, it is an offense for any person, firm, corporation or association to possess untaxed alcoholic beverages or wine in quantities in excess of five gallons (5 gals.). A violation of this subdivision (a)(1) is a Class E felony.
(2) Any person, firm, corporation or association transporting any alcoholic beverages or wine within or into this state shall bear the burden of proof that the taxes imposed by this title on alcoholic beverages or wine have been paid, or, in the case of wine that is manufactured at a winemaking on premises facility licensed pursuant to § 57-3-218 , that no such taxes are due. A receipt or other documentation demonstrating legal purchase or transport from an entity licensed under § 57-3-203 , § 57-3-204 , § 57-3-207 or § 57-3-218 shall be adequate proof that such taxes have been paid or that no such taxes are due.
(b) (1) It is an offense for any person, firm, corporation or association to import, ship, deliver or cause to be imported, shipped or delivered into this state any alcoholic beverages upon which the tax imposed by this title has not been paid or where such transportation is not authorized under this title to an entity possessing a license issued under this title. A violation of this subdivision (b)(1) is a Class E felony. (2) Except as provided in § 57-3-207 for purchases made by an individual at a winery licensed pursuant to § 57-3-207 , and notwithstanding the prohibition in subdivision (b)(1), it shall be lawful for any individual to transport not more than five gallons (5 gals.) of alcoholic beverages or wine into or within this state for the personal or household use of that individual.
(1) It is an offense for any person, firm, corporation or association to import, ship, deliver or cause to be imported, shipped or delivered into this state any alcoholic beverages upon which the tax imposed by this title has not been paid or where such transportation is not authorized under this title to an entity possessing a license issued under this title. A violation of this subdivision (b)(1) is a Class E felony.
(2) Except as provided in § 57-3-207 for purchases made by an individual at a winery licensed pursuant to § 57-3-207 , and notwithstanding the prohibition in subdivision (b)(1), it shall be lawful for any individual to transport not more than five gallons (5 gals.) of alcoholic beverages or wine into or within this state for the personal or household use of that individual.
Acts 1947, ch. 182, §§ 1, 2; C. Supp. 1950, § 6648.22 (Williams, §§ 6648.33, 6648.34); T.C.A. (orig. ed.), § 57-137; Acts 1989, ch. 591, § 61; 1992, ch. 608, §§ 6, 7; 2009, ch. 434, § 6; 2011, ch. 451, § 7.
Tenn. Code Ann. § 57-5-107 — TN Code / Title 57 / Chapter 5 / Section 57-5-107
Hotels and motels
Status: in_force

(a) Any hotel or motel licensed under this chapter and under chapter 4 of this title may dispense beer to adult guests through locked, in-room units. (b) No person under twenty-one (21) years of age shall be issued or supplied with a key by any hotel or motel for such units. Such units may only be located in any such hotel or motel located in municipalities having a population in excess of one hundred thousand (100,000) if the voters of such municipality have approved the consumption of alcoholic beverages on the premises by referendum and in any county in which such municipalities are located if the voters of such county have approved the consumption of alcoholic beverages on the premises by referendum. Acts 1989, ch. 145, § 2; 1993, ch. 297, § 10; T.C.A., § 57-5-111 .
(a) Any hotel or motel licensed under this chapter and under chapter 4 of this title may dispense beer to adult guests through locked, in-room units.
(b) No person under twenty-one (21) years of age shall be issued or supplied with a key by any hotel or motel for such units. Such units may only be located in any such hotel or motel located in municipalities having a population in excess of one hundred thousand (100,000) if the voters of such municipality have approved the consumption of alcoholic beverages on the premises by referendum and in any county in which such municipalities are located if the voters of such county have approved the consumption of alcoholic beverages on the premises by referendum.
Acts 1989, ch. 145, § 2; 1993, ch. 297, § 10; T.C.A., § 57-5-111 .
Tenn. Code Ann. § 57-5-510 — TN Code / Title 57 / Chapter 5 / Section 57-5-510
Legal remedies
Status: in_force

(a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred as a result of the prohibited conduct. Actual damages shall include damages to any ancillary business of the wholesaler incurred as a result of the prohibited conduct. (b) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this part. (c) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this part. (d) The remedies provided by this section shall not abolish any other cause of action or remedy available to the supplier or the wholesaler. (e) Any legal action taken under this part, or pursuant to a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement, shall be filed in a court, state or federal, located in Tennessee, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state. Acts 1990, ch. 618, § 10.
(a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred as a result of the prohibited conduct. Actual damages shall include damages to any ancillary business of the wholesaler incurred as a result of the prohibited conduct.
(b) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this part.
(c) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this part.
(d) The remedies provided by this section shall not abolish any other cause of action or remedy available to the supplier or the wholesaler.
(e) Any legal action taken under this part, or pursuant to a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement, shall be filed in a court, state or federal, located in Tennessee, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.
Acts 1990, ch. 618, § 10.
Tenn. Code Ann. § 57-6-117 — TN Code / Title 57 / Chapter 6 / Section 57-6-117
Construction of law - Invalidity
Status: in_force

If any clause, sentence, paragraph or section of this part be declared unconstitutional by any court of competent jurisdiction, such determination shall render invalid the remaining part of the part, it being hereby declared to be the legislative intent not to enact the part unless that part so held invalid was included therein. Acts 1953, ch. 76, § 18 (Williams, § 1051.35); T.C.A. (orig. ed.), § 57-318.
If any clause, sentence, paragraph or section of this part be declared unconstitutional by any court of competent jurisdiction, such determination shall render invalid the remaining part of the part, it being hereby declared to be the legislative intent not to enact the part unless that part so held invalid was included therein.
Acts 1953, ch. 76, § 18 (Williams, § 1051.35); T.C.A. (orig. ed.), § 57-318.
Tenn. Code Ann. § 57-3-703 — TN Code / Title 57 / Chapter 3 / Section 57-3-703
Application requirements for employee permit
Status: in_force

(a) Any individual may be eligible for an employee permit by completing an application for such a permit on the forms provided by the commission. An applicant for an employee permit must demonstrate to the commission that the applicant is at least eighteen (18) years of age and: (1) Has not been convicted of a felony offense involving theft, dishonesty, deceit, or intoxication within the previous eight (8) years; (2) Has not been convicted of any crime involving the sale or distribution of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues or any sex-related crime or embezzlement within the previous eight (8) years; (3) Has not had an employee permit or any similar permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous five (5) years; and (4) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-4-101 or § 57-5-103 which has had its license or permit revoked by the issuing authority within the previous eight (8) years. (b) If an applicant does not meet the requirements of subdivisions (a)(1)-(4), but is otherwise eligible for a permit, then the applicant's application shall be initially denied pursuant to this subsection (b). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the employee permit, notwithstanding the requirements of subdivisions (a)(1)-(4). (c) (1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for an employee permit until the relevant time period described in subdivisions (a)(1)-(4) has expired. If a person applies for an employee permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply. (2) If the administrative law judge, hearing officer, or commission denies an application at a hearing held pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for an employee permit or apply for a server permit pursuant to § 57-3-704 until the relevant time period described in subdivision (a)(1)-(4) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-704(b) shall not apply. (d) If a person is convicted of an offense described in subdivision (a)(1) or (a)(2) after being issued an employee permit pursuant to this section, the commission may institute proceedings to revoke the person's employee permit pursuant to § 57-3-214 ; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's employee permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (a)(1) or (a)(2). If the administrative law judge, hearing officer, or commission revokes an employee permit pursuant to this subsection (d), then the applicant may not reapply for an employee permit or apply for a server permit pursuant to § 57-3-704 until the relevant time period described in subdivision (a)(1) or (a)(2) has expired. If a person applies for an employee or server permit in violation of this subsection (d), then such application shall be denied and subsection (b) or § 57-3-704(b) shall not apply. (e) The commission may promulgate rules and regulations to enforce and administer this section pursuant to the Uniform Administrative Procedures Act. Amended by 2017 Tenn. Acts, ch. 147,s 12, eff. 4/17/2017. Amended by 2016 Tenn. Acts, ch. 719,s 1, eff. 4/6/2016. Amended by 2014 Tenn. Acts, ch. 973,s 1, eff. 7/1/2014. Acts 1995, ch. 396, § 1.
(a) Any individual may be eligible for an employee permit by completing an application for such a permit on the forms provided by the commission. An applicant for an employee permit must demonstrate to the commission that the applicant is at least eighteen (18) years of age and: (1) Has not been convicted of a felony offense involving theft, dishonesty, deceit, or intoxication within the previous eight (8) years; (2) Has not been convicted of any crime involving the sale or distribution of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues or any sex-related crime or embezzlement within the previous eight (8) years; (3) Has not had an employee permit or any similar permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous five (5) years; and (4) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-4-101 or § 57-5-103 which has had its license or permit revoked by the issuing authority within the previous eight (8) years.
(1) Has not been convicted of a felony offense involving theft, dishonesty, deceit, or intoxication within the previous eight (8) years;
(2) Has not been convicted of any crime involving the sale or distribution of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues or any sex-related crime or embezzlement within the previous eight (8) years;
(3) Has not had an employee permit or any similar permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous five (5) years; and
(4) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203 , § 57-3-204 , § 57-3-207 , § 57-4-101 or § 57-5-103 which has had its license or permit revoked by the issuing authority within the previous eight (8) years.
(b) If an applicant does not meet the requirements of subdivisions (a)(1)-(4), but is otherwise eligible for a permit, then the applicant's application shall be initially denied pursuant to this subsection (b). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the employee permit, notwithstanding the requirements of subdivisions (a)(1)-(4).
(c) (1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for an employee permit until the relevant time period described in subdivisions (a)(1)-(4) has expired. If a person applies for an employee permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply. (2) If the administrative law judge, hearing officer, or commission denies an application at a hearing held pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for an employee permit or apply for a server permit pursuant to § 57-3-704 until the relevant time period described in subdivision (a)(1)-(4) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-704(b) shall not apply.
(1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for an employee permit until the relevant time period described in subdivisions (a)(1)-(4) has expired. If a person applies for an employee permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply.
(2) If the administrative law judge, hearing officer, or commission denies an application at a hearing held pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for an employee permit or apply for a server permit pursuant to § 57-3-704 until the relevant time period described in subdivision (a)(1)-(4) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-704(b) shall not apply.
(d) If a person is convicted of an offense described in subdivision (a)(1) or (a)(2) after being issued an employee permit pursuant to this section, the commission may institute proceedings to revoke the person's employee permit pursuant to § 57-3-214 ; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's employee permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (a)(1) or (a)(2). If the administrative law judge, hearing officer, or commission revokes an employee permit pursuant to this subsection (d), then the applicant may not reapply for an employee permit or apply for a server permit pursuant to § 57-3-704 until the relevant time period described in subdivision (a)(1) or (a)(2) has expired. If a person applies for an employee or server permit in violation of this subsection (d), then such application shall be denied and subsection (b) or § 57-3-704(b) shall not apply.
(e) The commission may promulgate rules and regulations to enforce and administer this section pursuant to the Uniform Administrative Procedures Act.
Amended by 2017 Tenn. Acts, ch. 147,s 12, eff. 4/17/2017.
Amended by 2016 Tenn. Acts, ch. 719,s 1, eff. 4/6/2016.
Amended by 2014 Tenn. Acts, ch. 973,s 1, eff. 7/1/2014.
Acts 1995, ch. 396, § 1.