reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-501 - Purpose

The legislative intent and purpose of this part is to provide a structure for the business relations between suppliers and wholesalers of beer which:
(1)
Motivates suppliers and wholesalers to devote reasonable efforts and resources to the sale, distribution and quality control of beer in this state;
(2)
Provides for the private settlement of disputes between suppliers and wholesalers as an alternative to civil litigation, which would consume the time and resources of the parties and the judicial system; and
(3)
Promotes public health, safety and welfare.
Acts 1990, ch. 618, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-504 - Transfer of wholesaler's business

(a)
A wholesaler shall give the supplier written notice of the wholesaler's proposed transfer of the wholesaler's business not less than thirty (30) days prior to the completion of the transfer, except in cases of transfer by inheritance, in which case the transferee shall give the supplier written notice of the transferee's ownership interest within a reasonable time after the transfer is completed.
(b)
A supplier's consent shall not be required for any transfer of the wholesaler's business to a designated member or for any transfer of less than control of the wholesaler's business; however, a supplier's written consent shall be required for any transfer of the wholesaler's business to a person other than a designated member.
(c)
Notwithstanding subsection (b), written consent from a supplier shall be required for any transfer of the wholesaler's business to a designated member or other transferee if any of the following conditions apply:
(1)
The transferee or any owner of the transferee 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;
(2)
The transferee or any owner of the transferee has had a previous alcoholic beverage license revoked or suspended by the regulatory agency of the United States government or any state, whereby service was interrupted for more than ninety (90) days;
(3)
The transferee or any owner of the transferee is insolvent or has filed any voluntary or involuntary petition under any bankruptcy or receivership laws, or has executed an assignment for the benefit of creditors; or
(4)
The transferee or any owner of the transferee has had any previous agreement with the supplier involuntarily terminated, cancelled, discontinued or not renewed by the supplier for good cause.
(d)
If the transferee is a designated member, a supplier shall not interfere with, prevent or unreasonably delay the transfer of the wholesaler's business. An unreasonable delay is one that exceeds thirty (30) days after the intended date of transfer as set forth in the notice required by subsection (a).
(e)
If the transferee is not a designated member, a supplier may not withhold consent or unreasonably interfere with or delay the transfer if the transferee meets reasonable standards and qualifications which are nondiscriminatory and material. An unreasonable delay is one that exceeds thirty (30) days after the receipt of all material information reasonably requested. The supplier shall have the burden of proving that the proposed transferee does not meet such standards and qualifications.
Acts 1990, ch. 618, § 4.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-505 - Termination or modification of agreement with wholesaler by supplier upon written notice - Conditions

(a)
A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler immediately upon written notice given by the supplier as provided in §
57-5-508
only if any of the following occurs:
(1)
Revocation of a governmental permit held by the wholesaler, whereby the wholesaler cannot service the wholesaler's sales territory for a period of more than sixty (60) days;
(2)
Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler, where such condition materially affects the wholesaler's ability to remain in business;
(3)
Fraud by the wholesaler in dealings with the supplier or its products that adversely affects the interests of the supplier;
(4)
Violation of §
57-6-104(f)
, if it was done at the direction or with the knowledge of a substantial stockholder or substantial partner. If a governmental permit held by a wholesaler is suspended temporarily so that the wholesaler cannot service its sales territory for a brand or brands, then upon agreement of the supplier of that brand or brands and the wholesaler whose permit has been suspended, another wholesaler who handles the same brand or brands can service the sales territory during the period of suspension; or
(5)
The wholesaler has failed to pay for beer ordered and delivered in accordance with established terms with a supplier and fails to make full payment within five (5) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.
(b)
Where the wholesaler notifies the supplier in writing by certified mail of the wholesaler's intent to cease distribution of a brand sold by the supplier, the supplier can amend, modify, terminate, cancel, discontinue or fail to renew the agreement immediately with respect to that brand.
Acts 1990, ch. 618, § 5.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-506 - Termination or modification of agreement with wholesaler by supplier in not less than 30 days upon written notice - Conditions

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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-507 - Termination or modification of agreement with wholesaler by supplier - Prerequisites

Except as provided in §§
57-5-505
and
57-5-506
, a supplier may not amend, modify, terminate, cancel, discontinue or refuse to renew an agreement with a wholesaler, or cause a wholesaler to resign from an agreement, unless the supplier has complied with the following requirements:
(1)
The supplier shall give written notice to the wholesaler, as provided in §
57-5-508
, not less than ninety (90) days prior to the effective date of the amendment, modification, termination, cancellation, discontinuance or nonrenewal;
(2)
The supplier acts in good faith. The supplier shall have the burden of proving that it acted in good faith;
(3)
The supplier has good cause. In any action challenging the supplier's action under this section, the supplier shall have the burden of proving that it has good cause. Good cause exists when all of the following have occurred:
(A)
The wholesaler has failed to comply substantially with essential and reasonable requirements imposed upon the wholesaler by the agreement, if such requirements are not discriminatory, either by their terms or in the methods of their enforcement, as compared with requirements imposed on other wholesalers in Tennessee or adjoining states and if such requirements are not in violation of any law or regulation;
(B)
The supplier first acquired knowledge of the failure described in subdivision (3)(A) not more than twenty-four (24) months before the date notification was given pursuant to this section;
(C)
The supplier has given written notice to the wholesaler, stating specifically the manner in which the wholesaler has failed to comply with the agreement; and
(D)
The wholesaler was given adequate opportunity to use good faith efforts to correct the failure to comply with the agreement. Adequate opportunity shall be thirty (30) days to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days after the thirty-day period to correct the failure in accordance with the plan.
Acts 1990, ch. 618, § 7.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-508 - Termination or modification of agreement with wholesaler by supplier - Notice

Notice by a supplier of any amendment, modification, termination, cancellation, discontinuance or refusal to renew an agreement with the wholesaler shall be written, shall be made by certified mail, and shall contain all of the following:
(1)
A statement of intention to amend, modify, terminate, cancel, discontinue or refuse to renew the agreement;
(2)
A statement of the reason(s) for the amendment, modification, termination, cancellation, discontinuance or nonrenewal; and
(3)
The date on which the amendment, modification, termination, cancellation, discontinuance or nonrenewal will take effect.
Acts 1990, ch. 618, § 8.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-509 - Disputes - Arbitration

Any dispute arising under this part may be settled by arbitration if every party involved in the dispute agrees to arbitrate. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the laws of this state, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A wholesaler has the absolute right to refuse to arbitrate any dispute arising under this part.
Acts 1990, ch. 618, § 9.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-510 - Legal remedies

(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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-511 - Waiver of rights by wholesaler prohibited - Voluntary settlement of disputes

A wholesaler may not waive any of the rights granted in any provision of this part and the provisions of any agreement which would have such an effect shall be null and void; however, if a good faith dispute arises between the parties as to the meaning of any rights or obligations created by this part, or the performance by a party of its obligations, the parties may enter into a written voluntary settlement of the dispute.
Acts 1990, ch. 618, § 11.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 5 - BEER WHOLESALER-SUPPLIER RELATIONS (§§ 57-5-501 — 57-5-512) › Section 57-5-512 - Applicability

(a)
This part applies to agreements in existence on March 1, 1990, as well as agreements entered into or renewed after that date.
(b)
A transferee of a wholesaler's business that continues to operate the business shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer.
(c)
If a particular brand or brands of beer are transferred by purchase or otherwise from one supplier to another, the new supplier shall be bound by all terms and conditions of each agreement of the previous supplier with respect to that brand or brands in effect on the date of the transfer as a condition of continuing to sell that brand or brands in this state.
(d)
An agreement to purchase and sell a brand of beer shall include the right to purchase and sell each other beer marketed under the same principal brand name or trademark, regardless of any variation in any other words, names, symbols or devices used to identify such beers and regardless of any differences in the packaging, formulation or production of such beers. Notwithstanding the foregoing, an agreement to purchase and sell a brand of beer shall not include the right to purchase and sell any other beer solely as a result of the use of the manufacturer's or importer's trade name in both such beers' packaging, so long as such trade name is not part of the beers' principal brand name or trademark.
(e)
This part shall only be applicable to agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content of five percent (5%) by weight or less. All agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content greater than five percent (5%) by weight shall be governed by title 47, chapter 25, part 15.
Amended by 2014 Tenn. Acts, ch. 861,s 23, eff. 5/1/2014.
Acts 1990, ch. 618, § 12; 1994, ch. 663, § 1; 1996, ch. 748, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 6 - TENNESSEE RESPONSIBLE VENDOR ACT OF 2006 (§§ 57-5-601 — 57-5-609) › Section 57-5-601 - Short title

This part shall be known and may be cited as the "Tennessee Responsible Vendor Act of 2006."
Acts 2006, ch. 864, § 2.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 6 - TENNESSEE RESPONSIBLE VENDOR ACT OF 2006 (§§ 57-5-601 — 57-5-609) › Section 57-5-602 - Legislative intent

It is the intent of the legislature through the provisions of this part:
(1)
To eliminate the sale of beer for off-the-premises consumption to, and consumption of beer by, underage persons;
(2)
To reduce intoxication and to reduce accidents, injuries, and deaths in the state that are related to intoxication;
(3)
To encourage vendors to be prudent in their selling practices of beer, and to restrict or reduce the sanctions that may be imposed in administrative proceedings by local beer boards against those vendors who voluntarily comply with responsible practices in accordance with this part; and
(4)
To uniformly apply all provisions in this part statewide, including training, certification and the imposition of penalties or other sanctions for violations of this part, and that no variations from the provisions on training, certification or penalties are permissible.
Acts 2006, ch. 864, § 3.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 6 - TENNESSEE RESPONSIBLE VENDOR ACT OF 2006 (§§ 57-5-601 — 57-5-609) › Section 57-5-603 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Beer" has the same meaning as defined in §
57-5-101(b)
;
(2)
"Beer board" means any entity issuing beer permits for off-premise consumption, pursuant to part 1 of this chapter;
(3)
"Certified clerk" means a clerk who has successfully satisfied the training requirements contained in this part, and who has received certification from a responsible vendor training program;
(4)
"Clerk" means any person working in a capacity to sell beer directly to consumers for off-premise consumption;
(5)
"Commission" means the alcoholic beverage commission;
(6)
"Responsible vendor" means a vendor that has received certification from the commission pursuant to this part;
(7)
"Responsible vendor training program" means a training program related to the responsible sale of beer for off-premise consumption that has met all the statutory and regulatory requirements set forth in this part, and in commission rules and regulations; and
(8)
"Vendor" means a person, corporation or other entity that has been issued a permit to sell beer for off-premise consumption.
Acts 2006, ch. 864, § 4.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 6 - TENNESSEE RESPONSIBLE VENDOR ACT OF 2006 (§§ 57-5-601 — 57-5-609) › Section 57-5-604 - Authority of commission

The commission shall have the authority to approve all responsible vendor training programs. The commission shall establish requirements and guidelines for responsible vendor training programs and vendor and clerk certifications. The commission shall establish and keep a master list of certified clerks and clerks not eligible for certification.
Acts 2006, ch. 864, § 5.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 6 - TENNESSEE RESPONSIBLE VENDOR ACT OF 2006 (§§ 57-5-601 — 57-5-609) › Section 57-5-607 - Loss of certification for sale to minor

If a beer board determines that a sale to a minor occurred by an off-premise beer permit holder, then the certification of the clerk making the sale shall be invalid and the clerk may not reapply for a new certificate for a period of one (1) year from the date of the beer board's determination. Beer boards shall report the names of such clerks to the commission within fifteen (15) days of finding that a sale to a minor occurred. The commission shall notify the responsible vendor of their certified clerks who have lost their certification within fifteen (15) days of notification by the beer board.
Acts 2006, ch. 864, § 8.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 6 - TENNESSEE RESPONSIBLE VENDOR ACT OF 2006 (§§ 57-5-601 — 57-5-609) › Section 57-5-608 - Suspension or revocation of certification

(a)
A permit under this part may not be suspended or revoked by a beer board based on a clerk's illegal sale of beer to a minor person who is not of lawful drinking age, if the clerk is properly certified and has attended annual meetings since the original certification, or is within sixty-one (61) days of the date of hire at the time of the violation.
(b)
Notwithstanding subsection (a), the commission shall revoke the certification of a vendor certified as a responsible vendor, if the vendor had knowledge of the violation or should have known about the violation, or participated in or committed the violation. If the commission revokes a vendor's certification under this section, the vendor shall be penalized for the violation by the beer board as if the vendor were not certified as a responsible vendor.
(c)
Notwithstanding subsection (a) or any other law, the commission shall revoke the vendor's status as a certified responsible vendor, if the vendor has two (2) violations within a twelve-month period. The revocation shall be for a period of three (3) years.
Acts 2006, ch. 864, § 9.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 5 - BEER AND ALCOHOLIC BEVERAGES CONTAINING LESS THAN FIVE PERCENT ALCOHOL (§§ 57-5-101 — 57-5-609) › Part 6 - TENNESSEE RESPONSIBLE VENDOR ACT OF 2006 (§§ 57-5-601 — 57-5-609) › Section 57-5-609 - Responsible vendor fees - Responsible vendor certification fund

(a)
Each entity submitting and receiving approval for a responsible vendor training program shall pay an annual nonrefundable fee of thirty-five dollars ($35.00). In addition, each responsible vendor shall pay an annual fee that is based on the number of certified clerks existing at the time a responsible vendor applies to the commission for certification. The fees shall be as follows:
(1)
0-15 certified clerks - $25.00;
(2)
16-49 certified clerks - $75.00;
(3)
50-100 certified clerks - $150; and
(4)
Over 100 certified clerks - $250.
(b)
The fees shall be deposited by the commission in a special agency account to be known as the responsible vendor certification fund, referred to in this part as the fund.
(c)
Any fund balance remaining unexpended at the end of a fiscal year shall be carried forward into the subsequent fiscal year and shall continue to be preserved for the administration of the vendor certification program.
(d)
Interest accruing on investments and deposits of the fund shall be carried forward into the subsequent fiscal year.
(e)
Moneys in the fund shall be invested by the state treasurer in accordance with §
9-4-603
. The fund shall be administered by the commission.
(f)
Moneys in the fund shall only be expended and obligated in accordance with appropriations made by the general assembly for the purposes as provided in this part.
Acts 2006, ch. 864, § 10.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-101 - Short title

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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-102 - Part definitions

For the purposes of this part:
(1)
"Beer" means the beverage defined in §
57-5-101(b)
;
(2)
"County" means that portion of a county outside the corporate limits of municipalities therein;
(3)
"Department" means the department of revenue;
(4)
"Gross tax" means the amount of tax collected by a wholesaler;
(5)
"Municipality" means any town, city or taxing district incorporated under the laws of this state;
(6)
"Net tax" means the amount of tax to be paid to a county or municipality after deduction of the percentage due the department and the percentage retained by a wholesaler;
(7)
"Person" means any individual, partnership, corporation, association, syndicate, or any other combination of individuals;
(8)
"Quality control standard" means a standard under which a wholesaler determines whether beer is marketable due to product deterioration or due to improper packaging or handling by the manufacturer or wholesaler;
(9)
"Retailer" means a person who sells beer for consumption and not for resale;
(10)
"Wholesale" or "wholesale sale" means a sale, gift, or other transfer and delivery of beer by a wholesaler to any person other than another wholesaler, but there shall not be included within the meaning of either term any gratuitous dispensing of beer by a brewery of its own manufacture which is consumed on the premises; and
(11)
"Wholesaler" means a person or entity that sells beer to retailers, including any manufacturer authorized to sell directly to retailers pursuant to §
57-5-101
.
Amended by 2015 Tenn. Acts, ch. 19,s 5, eff. 3/27/2015.
Acts 1953, ch. 76, § 2 (Williams, § 1051.19); impl. am. Acts 1959, ch. 9, § 14; Acts 1969, ch. 171, § 1; 1969, ch. 212, § 2; T.C.A. (orig. ed.), § 57-302; Acts 1983, ch. 229, § 8; 1986, ch. 524, § 1; 1988, ch. 466, § 1; 1990, ch. 618, § 13; 2005, ch. 298, § 4.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-105 - Records and reports

(a)
The department shall promulgate rules and regulations covering reports to be made, records to be kept, and other matters pertaining to the administration and enforcement of this part.
(b)
Without limitation as to other matters to be covered, such rules and regulations shall require each wholesaler to report monthly to the department the quantities of the wholesale sales, broken down by unit prices and sizes and types of containers, within each county and municipality in which the wholesaler does business, and to send the tax collecting official of each county and municipality a copy of this report; provided, that wholesalers shall not be required to report sales to individual retailers.
(c)
Such rules and regulations shall also require each retailer or the retailer's agent to sign a delivery ticket each time when beer is received from a wholesaler; the wholesaler shall keep the signed original or a digital copy, and the retailer shall retain the duplicate of each such delivery ticket for at least two (2) years, subject to inspection by the department, county or municipality.
(d)
Each wholesaler shall keep records showing dates of sale, unit prices, quantities, and sizes and types of containers of beer sold to each individual retailer with whom the wholesaler does business, and such records shall be retained for at least two (2) years, subject to audit by the department, and/or county and/or municipality.
Acts 1953, ch. 76, § 6 (Williams, § 1051.23); T.C.A. (orig. ed.), § 57-306; Acts 1986, ch. 525, § 2; 2012, ch. 657, § 10.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-106 - Investigations by the department

(a)
The department on its own initiative may, or upon request of any county or municipality receiving this tax shall, make investigations to determine whether the full amount of tax imposed by this part has been paid, providing that any county or municipality requesting such investigation may designate an agent to participate in the investigation. For this purpose, wholesalers and retailers shall make their books and records with respect to beer purchases, sales and inventories available for inspection and audit at all reasonable business hours, and shall furnish any information with respect to beer purchases, sales and inventories required by the department. The results of such investigations shall be reported to counties and municipalities concerned.
(b)
The department, upon request of any county or municipality concerned, shall provide information available in the department with respect to the administration of this part, including the amount of tax collected and remitted, within the county or municipality.
Acts 1953, ch. 76, § 8 (Williams, § 1051.25); T.C.A. (orig. ed.), § 57-308.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-108 - Cash sales only to retailers

In order to effectively collect the tax levied by this part all sales of beer by wholesalers to retailers or any other persons, except sales to duly licensed wholesalers and sales within military installations as set out in §
57-6-111
, shall be for cash only. The intent of this section is that wholesale sale of beer and delivery and payment therefor shall be a simultaneous transaction, and any maneuver, device or method of extending credit is expressly prohibited.
Acts 1953, ch. 76, § 10 (Williams, § 1051.27); T.C.A. (orig. ed.), § 57-310.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-109 - Breakage and shortage adjustments only at time of delivery - Quality control

(a)
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.
(1)
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.
(2)
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.
(3)
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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-110 - Gifts or inducements to retailers - Discounts to consumers

(a)
In order to determine the exact amount of the tax and to facilitate the collection thereof, no wholesaler shall make any gift of beer or any other type of gift to any retailer, nor shall any deal be made with any retailer or any other person whereby the wholesale price of beer shall be reduced below the list price above provided for as inducement to the retailer or any other person to make larger purchases; provided, however, that a manufacturer may offer, by coupons provided by a manufacturer, a discount to the consumer to be redeemed only by the manufacturer. Neither a retailer nor a wholesaler shall participate, either directly or indirectly, in the redemption of such coupons.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1953, ch. 76, § 12 (Williams, § 1051.29); T.C.A. (orig. ed.), § 57-312; Acts 1987, ch. 72, § 1; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-111 - Exemption of sales to armed forces installations

The tax levied herein shall not be applicable to any beer and/or ale sold to any post exchange, ship service store, commissary, open mess, officers' club, N.C.O. club or other organization recognized by and located on any fort, base, camp or post of the armed forces of the United States. Wholesalers and brewers duly licensed in Tennessee shall be relieved of the tax imposed herein on all beer and/or ale sold at any fort, base, camp or post of the armed forces of the United States; provided, that such sales are listed on the monthly reports required herein; and provided further, that a copy of a receipt duly signed by the officer or noncommissioned officer in charge of such clubs, certifying that such beer or ale was sold to and delivered to such clubs at such fort, base, camp or post, is attached to such report.
Acts 1953, ch. 76, § 13 (Williams, § 1051.30); T.C.A. (orig. ed.), § 57-313.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-112 - Exclusiveness of tax

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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-113 - Enforcement of law

Municipal and county officials are given the authority to and are charged with the responsibility of enforcing this part as well as the department.
Acts 1953, ch. 76, § 15 (Williams, § 1051.32); T.C.A. (orig. ed.), § 57-315.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-114 - Criminal penalties

(a)
A violation of this part is a Class C misdemeanor.
(b)
It shall be mandatory on the local beer board to suspend the license or permit of the wholesaler for thirty (30) days for violating §
57-6-104
, within the city or county where the violation was committed.
Acts 1953, ch. 76, § 16 (Williams, § 1051.33); Acts 1969, ch. 171, § 3; T.C.A. (orig. ed.), § 57-316; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-115 - Damaged or unaccepted goods - Tax liability

When any common carrier transporting beer to a point within this state, or any insurance company insuring such beer, comes into possession of such beer by virtue of the same being damaged or otherwise unaccepted by the consignee of such beer, such common carrier or insurance company shall become liable for the tax imposed under this part, unless proof deemed satisfactory to the commissioner of revenue is furnished to the commissioner by such carrier or insurer showing that such beer has been destroyed or shipped to a point without this state and, therefore, has not been sold or consumed in this state.
Acts 1971, ch. 150, § 1; T.C.A., § 57-320.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-116 - Expenses of enforcement of law limited

For the purpose of carrying out this part, the commissioner of revenue is authorized to transfer from any funds allocated for the operation of the department, the sum of five thousand dollars ($5,000), which sum shall be repaid out of funds received under this part. In no event shall the department be called upon to render greater services or expend funds in excess of the amount received by the department as provided herein.
Acts 1953, ch. 76, § 17 (Williams, § 1051.34); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 57-317.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-117 - Construction of law - Invalidity

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.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 1 - WHOLESALE BEER TAX (§§ 57-6-101 — 57-6-118) › Section 57-6-118 - Effect of unconstitutionality of part

In the event this part is declared unconstitutional, it is declared to be the legislative intent not to have repealed Acts 1951, ch. 37, and such act shall, in that event, be in full force and effect.
Acts 1953, ch. 76, § 19 (Williams, § 1051.36); T.C.A. (orig. ed.), § 57-319.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 2 - WHOLESALE TAX ON OTHER ALCOHOLIC BEVERAGES (§§ 57-6-201 — 57-6-202) › Section 57-6-201 - Tax levy - Enforcement - Disposition of collections

(a)
There is imposed an additional tax upon the sale of alcoholic beverages at wholesale in the amount of fifteen cents (15¢) per case for each case of alcoholic beverages sold at wholesale in Tennessee. The tax imposed herein shall be paid monthly by the wholesaler upon the number of cases of alcoholic beverages sold by the wholesaler during the preceding month to the department, and all of which tax shall be used or spent by the alcoholic beverage commission.
(b)
For the purpose of enforcing this part and ascertaining the amount of tax due under this section, it shall be the duty of each wholesaler, on or before the fifteenth day of each month, to file a report with the commissioner upon forms prescribed, prepared and furnished by the commissioner showing information relative to sales and disposition of all alcoholic beverages and such other related information as the commissioner may require.
(c)
[Deleted by 2022 amendment.]
(d)
All moneys collected under this section shall be turned over to the state treasurer for deposit in the general fund, the money to be appropriated for expenditures by the general assembly.
Amended by 2022 Tenn. Acts, ch. 714, s 1, eff. 3/18/2022.
Acts 1959, ch. 278, § 1; 1963, ch. 259, §§ 1, 3; 1970, ch. 371, § 2; 1975, ch. 31, § 1; 1975, ch. 275, § 1; T.C.A., § 57-706; Acts 1980, ch. 885, § 8; 1988, ch. 526, § 17.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 6 - WHOLESALE TAXES (§§ 57-6-101 — 57-6-202) › Part 2 - WHOLESALE TAX ON OTHER ALCOHOLIC BEVERAGES (§§ 57-6-201 — 57-6-202) › Section 57-6-202 - Audits and investigations - Penalty for noncompliance

(a)
The commissioner shall cause to be made a complete audit of each wholesaler at such time as may be deemed advisable for the collection of the taxes levied in this title.
(b)
The commissioner is authorized to examine the books, papers and records of any wholesaler or retailer, subject to this part, for the purpose of enforcing the collection of the tax herein levied. Any refusal to permit the examination of such books, papers and records shall constitute sufficient reason for the revocation or suspension of any license or permit issued pursuant to this part or a refusal to issue the same.
Acts 1959, ch. 278, § 1; 1970, ch. 361, § 3; 1975, ch. 31, § 1; T.C.A., § 57-707; Acts 1983, ch. 476, § 1; 1988, ch. 958, § 2.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-102 - Arrest of persons implicated in manufacture

It shall be the duty of such officer to make arrests of any and all persons implicated, aiding or abetting in the manufacture of intoxicating liquors, and take them before the proper officials and have them tried upon such charge.
Acts 1919, ch. 20, § 3; Shan. Supp., § 6798a19b20; Code 1932, § 11241; T.C.A. (orig. ed.), § 57-603.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-103 - Officers to take into possession intoxicating liquors held or transported illegally

All sheriffs, deputy sheriffs, and police officers of the state are hereby empowered and required to take into possession any intoxicating liquors, including wine, ale, and beer, which have been received by, or are in possession of, or are being transported by, any person in violation of any law of this state; provided, however, that the reference to "sheriffs, deputy sheriffs, and police officers" in this section also includes "constables" in those counties of this state enumerated in §
57-9-101
.
Acts 1919, ch. 50, § 1; Shan. Supp., § 6798a19b1; Code 1932, § 11224; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; T.C.A. (orig. ed.), § 57-604.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-104 - Officers to file written statement about intoxicants taken

Every such officer so taking into possession any such intoxicating liquors shall, within five (5) days after so doing, file with the circuit or criminal court clerk of the county wherein the same was taken into possession, a written statement showing the kind and quantity of intoxicating liquors so taken, and the name or names of the person from whom the same was taken, if the name of such person be known to such officer.
Acts 1919, ch. 50, § 2; Shan. Supp., § 6798a19b2; Code 1932, § 11225; T.C.A. (orig. ed.), § 57-605.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-105 - Court having jurisdiction

In any county having more than one (1) circuit court, or both a circuit court and a criminal court, the court in such county having the jurisdiction of the indictment and trial of offenses against the liquor laws of this state shall have exclusive jurisdiction of all matters relating to the seizure and destruction of intoxicating liquors as provided in this part, and where reference is made to the circuit court or criminal court clerk it shall be deemed to refer to the county clerk of the county having such jurisdiction, and the statements required of the sheriff shall be made to the clerk or the judge of such court.
Acts 1919, ch. 50, § 13; Shan. Supp., § 6798a19b13; Code 1932, § 11236; T.C.A. (orig. ed.), § 57-606.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-106 - Delivery of seized liquor to sheriff

Every officer, other than the sheriff, taking into possession intoxicating liquors as provided for in §
57-9-103
, shall within five (5) days after so doing, deliver the intoxicating liquors to the sheriff of the county wherein the same was taken into possession, and the sheriff shall execute to the officer a receipt for same in writing showing the kind and quantity of intoxicating liquors so delivered, and the name or names of the person from whom the intoxicating liquors were taken, if such name be known to the officer.
Acts 1919, ch. 50, § 3; Shan. Supp., § 6798a19b3; Code 1932, § 11226; T.C.A. (orig. ed.), § 57-607.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-107 - Sheriff to keep intoxicants until otherwise ordered by court

The sheriff shall safely keep in possession all intoxicating liquors, either taken by the sheriff as provided in §
57-9-103
or delivered to the sheriff as provided in §
57-9-106
until ordered to dispose of same by the court as hereinafter provided.
Acts 1919, ch. 50, § 4; Shan. Supp., § 6798a19b4; Code 1932, § 11227; T.C.A. (orig. ed.), § 57-608.