reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 8 - RETAIL FOOD STORE WINE LICENSE (§§ 57-3-801 — 57-3-820) › Section 57-3-816 - Permitted manager - Employees to obtain certification pursuant to responsible vendor training program for wine

(a)
Any retail food store that is licensed to sell wine must have a permitted manager as prescribed in §
57-3-221
and that manager must work on the premises of the licensed retail food store. A retail food store may have more than one (1) manager per license.
(b)
All employees of a retail food store that is licensed to sell wine and is involved in selling the wine must obtain certification pursuant to the responsible vendor training program for wine in §
57-3-818
.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 8 - RETAIL FOOD STORE WINE LICENSE (§§ 57-3-801 — 57-3-820) › Section 57-3-817 - Wine tastings prohibited on premises - Licensee permitted to hold license to sell alcoholic beverages for consumption on premises - Requirements

(a)
No retail food store shall conduct tastings of wine on the premises of the retail food store.
(b)
A retail food store that has a license pursuant to this part may also hold a license to sell alcoholic beverages for consumption on premises pursuant to chapter 4 of this title.
Amended by 2016 Tenn. Acts, ch. 830,s 1, eff. 4/21/2016.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 8 - RETAIL FOOD STORE WINE LICENSE (§§ 57-3-801 — 57-3-820) › Section 57-3-818 - Responsible vendor training program - Report - Fees - Exceptions

(a)
The commission shall create a responsible vendor training program for retail food store wine licensees and retailers licensed pursuant to §
57-3-204
similar to the responsible vendor training program established in chapter 5, part 6 of this title.
(b)
Except as provided in subsection (d), each retail food store wine licensee and retailer licensed in this state shall participate in the responsible vendor training program created under this section as a condition to having and maintaining such license.
(c)
Each retail food store and retailer shall be required to annually file a report stating the number of certified clerks employed by the licensee in the twelve (12) months preceding the date of the report. The list shall include the first and last name of each clerk. The licensee shall maintain records for each clerk sufficient to verify that annual training has been completed. Training shall be a minimum of one (1) hour annually. Each retail food store and retailer shall pay a fee as follows:
(1)
0-15 certified clerks-$150;
(2)
16-30 certified clerks-$200;
(3)
31-45 certified clerks-$250;
(4)
46-60 certified clerks-$300;
(5)
61-100 certified clerks-$350;
(6)
101-150 certified clerks-$400;
(7)
151-200 certified clerks-$450; and
(8)
$50.00 for each additional 50 certified clerks over 200.
(d)
The commission shall not require any licensee to participate or pay fees for both the responsible vendor training program created in this section and the program established in chapter 5, part 6 of this title. Participation in either program shall be deemed sufficient compliance.
(e)
This section shall not apply to employees of a retailer licensed under §
57-3-204
until July 1, 2016. Any employee of a retailer who has a valid permit under [former] §
57-3-204(c)
on July 1, 2016, shall not be required to be certified pursuant to this section until that permit expires.
Amended by 2019 Tenn. Acts, ch. 136,s 2, eff. 8/1/2019.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 8 - RETAIL FOOD STORE WINE LICENSE (§§ 57-3-801 — 57-3-820) › Section 57-3-819 - Prohibition against sale or gift of wine on certain holidays

Notwithstanding any law to the contrary, a retail food store wine licensee shall not sell or give away wine on Christmas, Thanksgiving, or Easter.
Acts 2018, ch. 1010, § 3.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 8 - RETAIL FOOD STORE WINE LICENSE (§§ 57-3-801 — 57-3-820) › Section 57-3-820 - Sale or transfer of alcoholic beverage inventory

Notwithstanding any other law to the contrary, a retailer licensed pursuant to §
57-3-803
that is selling the licensed establishment to a new licensee of the same license type or that is closing the licensed establishment may sell or transfer its wine to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if:
(1)
The selling or closing licensee submits written notice to the commission and the department of revenue at least ten (10) days in advance of the sale or transfer to dispose of the licensee's remaining inventory. The commission shall determine the form of such notice and the method by which the notice must be provided. The notice must identify the licensee who is purchasing or receiving the inventory, the proposed date of the sale or transfer, and the quantity, types, and brands of wine to be sold or transferred;
(2)
All invoices and debts related to wine being sold pursuant to this section are paid in full prior to the wine being sold or transferred; and
(3)
The purchaser or transferee is licensed by the commission under §
57-3-803
prior to the sale or transfer being finalized.
Added by 2021 Tenn. Acts, ch. 76, s 2, eff. 3/29/2021.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-901 - Short title

This part shall be known and may be cited as the "Unfair Wine Sales Law."
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-902 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Basic cost of wine" means the invoice cost of wine 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 wine 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 twenty percent (20%) of the basic cost of wine to the retailer;
(4)
"Cost to the retailer" means the "basic cost of wine" to the retailer plus the "cost of doing business by the retailer"; and
(5)
"Prices generally available in the marketplace" shall mean the price of wine based upon a purchase from a wholesaler on terms and conditions:
(A)
Typically available to nonfood store retailers in the trade area in which the retailer is located; and
(B)
In accordance with the requirements set forth in §§
57-3-811
,
57-3-812
and
57-3-813
;
(6)
"Retailer" shall mean the holder of a retail food store wine license issued under §
57-3-803
or the holder of a retailer license under §
57-3-204
;
(7)
"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
(8)
"Wholesaler" has the same meaning as provided in §
57-3-101(a)
.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-903 - Advertising, offering for sale or selling wine at less than cost - Misdemeanor - Prima facie violation of part

(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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-904 - Assisting or aiding violation of part - Penalty

Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-905 - Contracts in violation of part illegal and void

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-906 - Equitable action to enjoin violation - Recovery of damages and costs - Action for damages alone permitted

(a)
(1)
Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.
(2)
If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit.
(3)
In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
(b)
In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a).
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-907 - Restrictions on sales by retail food stores

No retail food store as defined in §
57-3-802
shall sell, offer for sale or advertise the sale of:
(1)
Two (2) or more items, at least one (1) of which items is wine, at a combined price; or
(2)
Liquor, spirits or high alcohol content beer.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-908 - Commission to enforce part - Civil penalties - Petition for hearing

(a)
The commission shall administer and enforce this part.
(b)
(1)
For an initial violation or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000);
(2)
For any second violation or noncompliance with any provision of this part by any retailer who has previously been found in violation pursuant to subdivision (b)(1), a penalty shall be imposed not to exceed two thousand five hundred dollars ($2,500); and
(3)
For any subsequent violation or violations or noncompliance with any provision of this part, by any retailer who has previously been found in violation pursuant to subdivision (b)(2), a penalty shall be imposed not to exceed five thousand dollars ($5,000).
(c)
Any retailer who is assessed a civil penalty pursuant to this section, and who continues to engage in the unauthorized sale, distribution or handling of wine in this state, either directly or through any agent or third party acting on behalf of such retailer, shall be charged with an additional violation of this part.
(d)
Any retailer who is adversely affected by a decision of the commission may petition the commission for a hearing which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(e)
In enforcing this part, the commission shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner.
Added by 2014 Tenn. Acts, ch. 554,s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 9 - UNFAIR WINE SALES LAW (§§ 57-3-901 — 57-3-909) › Section 57-3-909 - Exceptions from application of part

This part shall not apply to sales at retail made where wines are:
(1)
Sold upon the complete final liquidation of a business;
(2)
Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court;
(3)
Closeouts; or
(4)
Such other occasional discounts as defined by the commission, not to exceed the cost to the retailer.
Amended by 2022 Tenn. Acts, ch. 859, s 1, eff. 1/1/2023.
Added by 2014 Tenn. Acts, ch. 554, s 30, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1001 - Short title

This part shall be known and may be cited as the "Intoxicating Liquor Sales Law."
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1002 - Part definitions

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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1003 - Violations - Penalty

(a)
It is a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, intoxicating liquor at less than cost to the retailer.
(b)
The advertising, sale, or offer to sell of intoxicating liquor 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 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1004 - Persons assisting or aiding in violation - Penalty

Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1005 - Contracts in violation of part void

Any contract, express or implied, made by any person, firm, or corporation in violation of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1006 - Parties injured by violations - Right to maintain action - Injunction - Damages

(a)
(1)
Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.
(2)
If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit.
(3)
In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
(b)
In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a).
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1007 - Enforcement by commission

(a)
The commission shall administer and enforce this part.
(b)
(1)
For an initial violation of or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000).
(2)
For any second violation of or noncompliance with any provision of this part by any retailer who has previously been found in violation pursuant to subdivision (b)(1), a penalty shall be imposed not to exceed two thousand five hundred dollars ($2,500).
(3)
For any subsequent violation or violations of or noncompliance with any provision of this part, by any retailer who has previously been found in violation pursuant to subdivision (b)(2), a penalty shall be imposed not to exceed five thousand dollars ($5,000).
(c)
Any retailer who is assessed a civil penalty pursuant to this section, and who continues to engage in the unauthorized sale, distribution, or handling of intoxicating liquor in this state, either directly or through any agent or third party acting on behalf of such retailer, shall be charged with an additional violation of this part.
(d)
Any retailer who is adversely affected by a decision of the commission may petition the commission for a hearing which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e)
In enforcing this part, the commission shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner.
Added by 2018 Tenn. Acts, ch. 783,s 6, eff. 4/20/2018.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 10 - LNTOXICATING LIQUOR SALES LAW (§§ 57-3-1001 — 57-3-1008) › Section 57-3-1008 - Applicability

This part shall not apply to sales at retail made where intoxicating liquors are:
(1)
Sold upon the complete final liquidation of a business;
(2)
Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court;
(3)
Closeouts; or
(4)
Such other occasional discounts as defined by the commission, not to exceed the cost to the retailer.
Amended by 2022 Tenn. Acts, ch. 859, s 2, eff. 1/1/2023.
Added by 2018 Tenn. Acts, ch. 783, s 6, eff. 4/20/2018.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 11 - TENNESSEE WINE AND GRAPE BOARD (§§ 57-3-1101 — 57-3-1103) › Section 57-3-1101 - Tennessee wine and grape board

(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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 11 - TENNESSEE WINE AND GRAPE BOARD (§§ 57-3-1101 — 57-3-1103) › Section 57-3-1102 - Use of appropriated money - Raising funds - Audit

(a)
Money appropriated for use by the board must be used to:
(1)
Increase the number of wineries in this state;
(2)
Improve the quality of wine produced by wineries in this state;
(3)
Promote the wine industry and viticulture in this state; and
(4)
Implement and maintain a wholesaler rebate program for Tennessee wineries.
(b)
The board has the authority to receive gifts, donations, grants, and funds to promote its activities and support ongoing programs. Any funds raised by the board must be used in accordance with this part.
(c)
Any funds received by the board shall be held by the department and accounted for separately for such use.
(d)
The office of the comptroller of the treasury may audit the board as it deems necessary.
Added by 2019 Tenn. Acts, ch. 444,s 3, eff. 7/1/2019.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 3 - LOCAL OPTION-TRAFFIC IN INTOXICATING LIQUORS (§§ 57-3-101 — 57-3-1103) › Part 11 - TENNESSEE WINE AND GRAPE BOARD (§§ 57-3-1101 — 57-3-1103) › Section 57-3-1103 - Promulgation of rules by board

The board may promulgate rules for the purpose of carrying out this part.
Added by 2019 Tenn. Acts, ch. 444,s 3, eff. 7/1/2019.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-104 - Applicability of amendments to chapter

The amendments to §§
57-4-101
,
57-4-102
,
57-4-201
,
57-4-203
and
57-4-301
, made by Chapter 444 of the Public Acts of 1987, shall not apply in counties having a population of:
not less than
nor more than
11,700
11,800
24,590
24,600
34,800
34,900
67,300
67,400
according to the 1980 federal census or any subsequent federal census.
Acts 1987, ch. 444, § 12.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-105 - Serving wine at art galleries

Any art gallery that does not sell food or beverages and that receives ninety percent (90%) of its revenue from the sale of artwork may serve wine to patrons of such art gallery without a charge. Such art gallery shall not serve wine to a patron who is intoxicated or believed to be intoxicated. Notwithstanding any other law to the contrary, any art gallery permitted to serve wine under this section shall not be required to pay any fees or taxes related to the privilege of serving wine.
Acts 2004, ch. 954, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-106 - Authority to serve or sell high alcohol content beer if authorized to serve or sell wine

If a premises is authorized pursuant to this chapter to serve or sell wine only, the premises shall also be authorized to serve or sell high alcohol content beer, as defined in §
57-3-101
.
Amended by 2019 Tenn. Acts, ch. 435,s 3, eff. 5/22/2019.
Amended by 2014 Tenn. Acts, ch. 861,s 8, eff. 5/1/2014.
Acts 2006, ch. 733, § 7.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-107 - Sales of alcoholic beverages for consumption on the premises in unincorporated areas of a county

(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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-108 - Production, storage and sale of infused alcohol products

(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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-109 - Tasting of alcohol by qualified student - Criteria - Definitions

(a)
A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled are not subject to criminal prosecution under § 57-5-301, § 57-4-203, § 39-15-404, or title 39, chapter 17, part 7, if:
(1)
The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution;
(2)
The qualified academic institution has established a program of study that is designed to train industry professionals in the production of fermented or distilled food or beverage products;
(3)
The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course or training required for the program of study; and
(4)
The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age.
(b)
This section does not authorize a student under twenty-one (21) years of age to receive an alcoholic beverage unless it is delivered as part of the student's curriculum requirements in the student's program of study.
(c)
A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Tuition normally charged for a course must not be considered an extra fee or charge.
(d)
As used in this section:
(1)
"Alcoholic beverage" includes beer as defined in§ 57-5-101;
(2)
"Program of study" means:
(A)
An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor's degree; or
(B)
An apprenticeship program facilitated by a qualified academic institution;
(3)
"Qualified academic institution" means a public or private postsecondary institution accredited by a commission recognized by the United States department of education;
(4)
"Qualified student" means a student enrolled in a fermentation science, wine making, mead making, brewing, or distilling program of study at a qualified academic institution; and
(5)
"Taste" means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.
Amended by 2024 Tenn. Acts, ch. 659,s 1, eff. 4/9/2024.
Added by 2016 Tenn. Acts, ch. 709, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-110 - Interest of licensed manufacturer in licensed establishment

(a)
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.
(b)
[Deleted by 2019 amendment.]
Acts 2017, ch. 371, § 3; 2019, ch. 94, § 2.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-111 - Sale or transfer of alcoholic beverage inventory

Notwithstanding any other law to the contrary, a retailer licensed pursuant to §
57-4-101
that is selling the licensed establishment to a new licensee of the same license type or that is closing the licensed establishment may sell or transfer its alcoholic beverages to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if:
(1)
The selling or closing licensee submits written notice to the commission and the department of revenue at least ten (10) days in advance of the sale or transfer to dispose of the licensee's remaining inventory. The commission shall determine the form of such notice and the method by which the notice must be provided. The notice must identify the licensee who is purchasing or receiving the inventory, the proposed date of the sale or transfer, and the quantity, types, and brands of alcoholic beverages to be sold or transferred;
(2)
All invoices and debts related to alcoholic beverages being sold or transferred pursuant to this section are paid in full prior to the alcoholic beverages being sold or transferred; and
(3)
The purchaser or transferee is licensed by the commission under §
57-4-101
prior to the sale or transfer being finalized.
Added by 2021 Tenn. Acts, ch. 76, s 3, eff. 3/29/2021.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-112 - [Repealed]

Repealed effective 7/1/2023, by 2021 Tenn. Acts, ch. 451, s 5.
Added by 2021 Tenn. Acts, ch. 451, s 1, eff. 5/14/2021.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-113 - Choice of expiration date by applicant who holds two or more licenses

(a)
Notwithstanding §
57-4-201(a)(3)
or §
57-3-213
, an applicant for the issuance or renewal of a license under this chapter who holds two (2) or more licenses issued under this chapter, regardless of type, may choose the expiration date for the licenses as long as the expiration date chosen is less than twelve (12) months from the date the license is issued or renewed. The license fee for a license issued for less than twelve (12) months must be prorated according to the length of the license.
(b)
This section becomes effective on July 1, 2023.
Added by 2022 Tenn. Acts, ch. 1013, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-114 - Electronic documentation

(a)
A licensee may store such documentation or paperwork electronically, and the commission shall accept the electronic documentation for purposes of an inspection of the licensee or verification of compliance with this chapter or chapter 3, part 7 of this title. If a licensee stores documentation or paperwork electronically, all information necessary to verify the validity of the license, permit, document, or other paperwork must be legible and verifiable in the electronic copy.
(b)
Notwithstanding subsection (a), a license issued under this chapter must be prominently displayed and posted on the licensed premises.
Added by 2022 Tenn. Acts, ch. 1013, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 1 - GENERAL PROVISIONS (§§ 57-4-101 — 57-4-115) › Section 57-4-115 - Notification of event at which licensed caterer has contracted to provide and sell alcoholic beverages - Delivery of alcoholic beverages

(a)
(1)
A licensed caterer shall provide notice to the commission at least two (2) calendar days before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages on a form developed by the commission. The notification must be transmitted electronically, and the commission shall confirm receipt of the notification.
(2)
This subsection (a) becomes effective on July 1, 2023.
(b)
A wholesaler may deliver alcoholic beverages directly to the site where a licensed caterer is catering an event if:
(1)
The licensed caterer notifies the commission of the delivery address prior to the event; and
(2)
A licensed caterer is at the delivery site to receive the delivery at the time of delivery.
Added by 2022 Tenn. Acts, ch. 1013,s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 2 - ADMINISTRATION, ENFORCEMENT, PROHIBITED ACTS (§§ 57-4-201 — 57-4-205) › Section 57-4-202 - Revocation or suspension of permits - Pilot project concerning local and municipal beer boards

(a)
The commission shall have authority to revoke or suspend any permit granted herein for the violations of any applicable provision of this chapter, and any person aggrieved by the action of this commission in revoking or suspending a permit, or in refusing to grant a permit, may have such action reviewed as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
[Deleted by 2024 amendment.]
(c)
[Deleted by 2024 amendment.]
(d)
[Deleted by 2024 amendment.]
(e)
[Deleted by 2020 amendment.]
Amended by 2024 Tenn. Acts, ch. 670,s 3, eff. 4/11/2024.
Amended by 2020 Tenn. Acts, ch. 711, s 10, eff. 6/15/2020.
Amended by 2013 Tenn. Acts, ch. 236, s 68, eff. 4/19/2013.
Acts 1967, ch. 211, § 1; 1979, ch. 374, §§ 1, 2; T.C.A., §§ 57-152, 57-155; Acts 2012 , ch. 881, § 2.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 2 - ADMINISTRATION, ENFORCEMENT, PROHIBITED ACTS (§§ 57-4-201 — 57-4-205) › Section 57-4-205 - Alcohol vaporizing devices

(a)
As used in this section, "alcohol vaporizing device" means any device, machine or process that, by means of heat, a vibrating element or any other method, mixes spirits, liquor or other alcoholic product with pure oxygen or other gas to produce a vaporized product that is dispensed for inhalation into the lungs through the nose or mouth.
(b)
No licensee shall sell, deliver, or give away, or permit to be sold, delivered, or given away, any alcoholic beverage for dispensation by means of an alcohol vaporizing device.
(c)
No licensee shall bring, keep, maintain or use, or permit another to bring, keep, maintain or use, an alcohol vaporizing device on the licensed premises, or on any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible.
(d)
(1)
A first violation of this section is a Class A misdemeanor and is grounds for suspension of the licensee's license, for a period not to exceed sixty (60) days.
(2)
A second violation of this section is a Class A misdemeanor and shall result in the suspension of the licensee's license, for a period of not less than thirty (30) days nor more than ninety (90) days.
(3)
A third or subsequent violation of this section is a Class E felony and shall result in suspension of the licensee's license, for a period of one (1) year.
Acts 2005, ch. 402, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 4 - CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES (§§ 57-4-101 — 57-4-308) › Part 3 - TAXES AND FEES (§§ 57-4-301 — 57-4-308) › Section 57-4-303 - Settlement of tax on quitting business

If any licensee liable for any tax, interest or penalty levied hereunder shall sell the business or stock of goods, or shall quit the business, the licensee shall make a final return and payment within fifteen (15) days after the date of selling or quitting the business. The successor, successors or assigns, if any, shall withhold sufficient of the purchase money to cover the amount of such taxes, interest and penalties due and unpaid until such former owner shall produce a receipt from the commissioner showing that they have been paid, or a certificate stating that no taxes, interest or penalties are due. If the purchaser of a business or stock of goods shall fail to withhold the purchase money, the purchaser shall be personally liable for the payment of the taxes, interest, and penalties accruing and unpaid on account of the operation of the business by any former owner, owners, or assigns.
Acts 1967, ch. 211, § 3; T.C.A., § 57-159.