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 4 - PROHIBITED ACTS - ENFORCEMENT (§§ 57-3-401 — 57-3-415) › Section 57-3-407 - Action against commission - Venue

Any action brought against the commission as such shall be brought in the circuit court of Davidson County.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 41; T.C.A. (orig. ed.), § 57-143.
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 4 - PROHIBITED ACTS - ENFORCEMENT (§§ 57-3-401 — 57-3-415) › Section 57-3-408 - Actions by attorney general to recover fees, taxes, penalties

Whenever any person licensed under this chapter fails to account for or pay over any license fees or taxes or levies by this chapter provided, or defaults in any of the conditions of the person's bond, or whenever any person, whether licensed hereunder or unlicensed, shall have failed or refused to pay any obligations or liability, forfeiture or penalty imposed by this chapter, the commission shall report the same to the attorney general and reporter, who shall immediately institute the necessary action for the recovery of any such license fee, tax, levy, or any sum due the state of Tennessee by reason of any of the provisions of this chapter, and the district attorney general of the circuit is ordered and directed to assist the attorney general and reporter whenever required.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 42; T.C.A. (orig. ed.), § 57-144.
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 4 - PROHIBITED ACTS - ENFORCEMENT (§§ 57-3-401 — 57-3-415) › Section 57-3-409 - Investigations by commission

The commission is authorized to examine the books, papers and records of any wholesaler and dealer in this state for the purpose of determining whether the tax so imposed by this chapter has been fully paid, and shall have the power to investigate and examine, according to law, any premises where any alcoholic beverage is possessed, or stored for the purpose of sale, or sold, for the purpose of determining whether this chapter is being complied with. Any refusal to permit the examination of any of such books, papers, and records, or the investigation and examination of such premises, shall constitute sufficient reason for the revocation of a license or the refusal to issue a license.
Acts 1939, ch. 49, § 13; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 43; T.C.A. (orig. ed.), § 57-145.
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 4 - PROHIBITED ACTS - ENFORCEMENT (§§ 57-3-401 — 57-3-415) › Section 57-3-410 - Grand jury investigations

To the end that this chapter may be better enforced, the grand juries of this state shall have and are clothed with inquisitorial power to inquire into and ascertain whether or not there has been any violation of this chapter, and to return indictments in proper cases. It shall be the duty of all circuit and criminal court judges to give this law in their charges to the grand juries of the state, and all sheriffs and other peace officers charged with the enforcement of the laws of the state are also required to enforce this chapter.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; T.C.A. (orig. ed.), § 57-146.
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 4 - PROHIBITED ACTS - ENFORCEMENT (§§ 57-3-401 — 57-3-415) › Section 57-3-413 - Criminal trespass charge in violation of section 39-14-405

(a)
A person may be charged with a violation of §
39-14-405
, if the person is:
(1)
Between eighteen (18) and twenty-one (21) years of age;
(2)
Visibly intoxicated; or
(3)
Otherwise disruptive; and
(4)
Such person is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to §
57-3-204
to leave the premises, and that person remains on the premises.
(b)
If a person is a minor under eighteen (18) years of age and is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to §
57-3-204
to leave the premises, and the minor remains on the premises, such minor commits a delinquent act.
Acts 2012, ch. 899, § 1.
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 4 - PROHIBITED ACTS - ENFORCEMENT (§§ 57-3-401 — 57-3-415) › Section 57-3-414 - Sale of powdered or crystalline alcohol prohibited - Offense - Penalties

(a)
No person shall sell or offer for sale for human consumption powdered or crystalline alcohol.
(b)
Subsection (a) does not apply to any of the following:
(1)
Any substance regulated by the food and drug administration in the United States department of health and human services that is not either of the following:
(A)
Beer or intoxicating liquor; or
(B)
A compound that could be converted into beer or intoxicating liquor;
(2)
A medication that requires a prescription; or
(3)
An over-the-counter medication.
(c)
A violation of subsection (a) is a Class A misdemeanor. In addition to any criminal penalty imposed by this subsection (c), the commission may suspend or revoke any license or permit issued under this title held by any person who violates subsection (a).
(d)
As used in this section:
(1)
"Over-the-counter medication" means medication that may be legally sold and purchased without a prescription;
(2)
"Powdered or crystalline alcohol" means a product that is manufactured into a powdered or crystalline form and that contains any amount of alcohol; and
(3)
"Prescription" means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state.
Added by 2015 Tenn. Acts, ch. 311,s 1, eff. 5/1/2015.
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 5 - MUNICIPAL INSPECTION FEES (§§ 57-3-501 — 57-3-504) › Section 57-3-501 - Municipal inspection fee - Maximum amount - Collection of fees

(a)
(1)
A municipality as defined by §
57-3-101
shall have the authority to impose by ordinance an inspection fee upon licensed retailers of alcoholic beverages as defined by §
57-3-101
or upon retail food store wine licensees located within such municipality.
(2)
If, pursuant to §
57-3-204(d)(7)
, a manufacturer of high alcohol content beer obtains a retail license to sell its products which are manufactured on the manufacturer's premise, the governing body of the municipality or county in which such a manufacturer is located shall impose by ordinance or resolution, as appropriate, a fifteen-percent inspection fee to inspect the retail store in which such products are sold by the manufacturer. Such inspection fee shall be imposed on the wholesale price of the high alcohol content beer supplied pursuant to §
57-3-204(d)(7)(B)
by a wholesaler for those products manufactured and sold by the manufacturer at its retail store as authorized pursuant to §
57-3-204(d)(7)
.
(b)
The inspection fees shall not exceed eight percent (8%) of the wholesale price of alcoholic beverages supplied by a wholesaler in municipalities located in counties of this state having a population of less than sixty thousand (60,000), according to the 1960 federal census or any subsequent federal census, or in counties that contain a municipal corporation as defined in §
67-6-103(a)(3)(B)(i)
, notwithstanding subsection (c) to the contrary.
(c)
The inspection fees shall not exceed five percent (5%) of the wholesale price of alcoholic beverages supplied by a wholesaler in municipalities located in counties of this state having a population of more than sixty thousand (60,000), according to the 1960 federal census or any subsequent federal census.
(d)
Any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, which has levied the inspection fees herein authorized may, by ordinance of its legislative body, designate the county clerk as the collector of the fees for the entire metropolitan taxing jurisdiction.
Amended by 2014 Tenn. Acts, ch. 554,s 7, eff. 7/1/2014.
Acts 1968, ch. 538, §§ 1, 2; 1969, ch. 87, § 1; T.C.A., § 57-165; Acts 1994, ch. 758, § 1; 1999, ch. 218, § 1; 2011, ch. 448, § 17.
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 5 - MUNICIPAL INSPECTION FEES (§§ 57-3-501 — 57-3-504) › Section 57-3-502 - Collection by wholesaler from retailer

The inspection fee shall be collected by the wholesaler from the retailer following notice given the wholesaler by the municipality that an inspection fee has been imposed by ordinance upon the retailers located within the particular municipality. The inspection fee shall be collected by the wholesaler at the time of the sale or at the time the retailer makes payment for the delivery of the alcoholic beverages.
Acts 1968, ch. 538, § 3; T.C.A., § 57-166.
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 5 - MUNICIPAL INSPECTION FEES (§§ 57-3-501 — 57-3-504) › Section 57-3-503 - Monthly report and payment - Reimbursement of wholesalers - Penalty - Audits

(a)
Each wholesaler making sales to retailers located within a municipality imposing an inspection fee shall furnish the municipality a report monthly, which report shall contain a list of the alcoholic beverages sold to each retailer located within the municipality, the wholesale price of the alcoholic beverages sold to each retailer, the amount of tax due, and such other information as may be required by the municipality. The monthly report shall be furnished the municipality imposing the tax not later than the twentieth of the month following which the sales were made. The inspection fees collected by the wholesaler from the retailer or retailers located within each municipality shall be paid to the municipality at the time the monthly report is made. Wholesalers collecting and remitting the above inspection fee to municipalities shall be entitled to reimbursement for this collection service, a sum equal to five percent (5%) of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report to the municipality.
(b)
Failure to collect or timely report and/or pay the inspection fee collected shall result in a penalty of ten percent (10%) of the fee due the municipality which shall be payable to the municipality imposing the inspection fee.
(c)
Municipalities to whom inspection fees are paid shall have authority to audit the records of wholesalers reporting to them in order to determine the accuracy of such reports.
Acts 1968, ch. 538, §§ 4, 5, 7; T.C.A., § 57-167.
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 5 - MUNICIPAL INSPECTION FEES (§§ 57-3-501 — 57-3-504) › Section 57-3-504 - Fee to be exclusive - Metropolitan governments

(a)
The inspection fee provided for herein shall be in lieu of all other gross receipt or inspection fees imposed upon wholesalers or retailers of alcoholic beverages by municipalities and no other additional or similar fees shall be imposed by ordinance.
(b)
No municipality shall impose any inspection fee or similar tax upon wholesalers based upon sales made to retail dealers located in other municipalities, it being the legislative intent that a municipality shall have authority to impose the inspection fee provided for herein only upon retailers located within the particular municipality imposing the inspection fee.
(c)
(1)
Notwithstanding anything herein provided to the contrary, the principal municipality, in a county which has adopted the metropolitan form of government under title 7, chapters 1-3, or which may hereafter adopt such form of government, may impose an inspection fee or similar fee, under the authority of chapter 3, part 5 of this title, upon wholesalers based on sales made to licensed retailers located in other but smaller municipalities within the same county as the principal municipality;
(2)
"Principal municipality," for the purpose of this subsection (c), means the largest municipality, or its successor, within such a county in accordance with the 1960 federal census or subsequent federal census;
(3)
When such principal municipality imposes such a fee upon wholesalers, they shall collect same from the sales to retailers within the smaller municipalities and remit such collections to the principal municipality unless and until such smaller municipalities adopt by ordinance or resolution, such fees in accordance with the terms of chapter 3, part 5 of this title, and then the wholesalers will remit such collections to the smaller municipalities in accordance with the provisions of such ordinances or resolutions as may be adopted or passed by them.
Acts 1968, ch. 538, § 6; T.C.A., § 57-168.
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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-601 - Short title

This part shall be known as the "Nonresident Liquor Seller's Permit Act of 1981."
Acts 1981, ch. 157, § 1.
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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-603 - Authorized transactions

Except as otherwise provided in §
57-3-602(c)
, the holder of a nonresident seller's permit is authorized to:
(1)
Solicit and take orders for alcoholic beverages from wholesalers licensed under §
57-3-203
; and
(2)
Ship or cause to be shipped into this state alcoholic beverages in consummation of sales made to wholesalers licensed under §
57-3-203
.
Amended by 2014 Tenn. Acts, ch. 767,s 2, eff. 5/1/2014.
Acts 1981, ch. 157, § 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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-604 - Prohibited actions

No holder of a nonresident seller's permit, nor any officer, director, agent, or employee of the holder, nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any of the following:
(1)
Have an interest, direct, or indirect in any business licensed under §§
57-3-204
and
57-4-101
;
(2)
Fail to make or file a report with the commission as required by rule of the commission;
(3)
Sell liquor for resale inside this state that fails to meet the standards of quality, purity, and identity prescribed by the commission;
(4)
Advertise any liquor contrary to the laws of this state or to the rules of the commission, or sell liquor for resale in this state in violation of advertising or labeling rules of the commission;
(5)
Sell liquor for resale inside this state or cause it to be brought into the state in a size of container prohibited by this code or by rule of the commission;
(6)
Solicit or take orders for liquor from a person not authorized to import liquor into this state for the purpose of resale;
(7)
Induce, persuade, or influence, or attempt to induce, persuade or influence, a person to violate this code or a rule of the commission, or conspire with a person to violate this code or a rule of the commission; or
(8)
Exercise a privilege granted by a nonresident seller's permit while an order or suspension against the permit is in effect.
Acts 1981, ch. 157, § 4; 2012, ch. 968, § 2.
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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-605 - Application for permit - Annual fee - Expiration date - Verified statement

(a)
Any manufacturer, distillery, winery, importer or other person desiring to obtain a nonresident seller's permit may make application for such to the commission on forms provided by the commission.
(b)
In addition, every applicant shall pay to the commission an annual permit fee which is established at one hundred and fifty dollars ($150) if such applicant shall have shipped, sold or otherwise distributed fewer than one hundred (100) cases of any alcoholic beverage in this state in the year immediately preceding application. If such applicant shall have shipped, sold or otherwise distributed one hundred (100) cases or more of any alcoholic beverage in this state in the year immediately preceding application, it shall pay an annual permit fee of two hundred fifty dollars ($250) to the commission.
(c)
Each permit shall be valid for one (1) calendar year.
(d)
Any wholesaler, holding a license issued pursuant to §
57-3-203
, shall be authorized to act as an importer of alcoholic beverages and wine if such wholesaler holds a basic permit issued pursuant to the Federal Alcohol Administration Act (
27 U.S.C. § 201
et seq.), as an importer, advises the commission of its intent to act as an importer, pays an additional annual fee of two hundred fifty dollars ($250) to the commission and otherwise complies with the obligations of an importer pursuant to §
57-3-301
and title 47, chapter 25, part 15.
(e)
Every applicant which has registered to import wine into this state shall provide to the commission a verified statement that neither such applicant, nor any agent or affiliate of such applicant, has a policy which would permit the selling, shipment or distribution of alcoholic beverages to any person in this state not possessed of a license issued pursuant to §
57-3-203
, and that, for the previous year, neither such applicant nor any agent or affiliate of such applicant has sold, solicited for sale or distributed any alcoholic beverages to any person or enterprise in this state not possessing a license issued pursuant to §
57-3-203
.
Acts 1981, ch. 157, § 5; 1991, ch. 23, § 1; 2004, ch. 876, § 4; 2011, ch. 448, § 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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-606 - Wholesalers to import from nonresident seller permittees only

No wholesaler licensed under §
57-3-203
may purchase or order any alcoholic beverage for importation into the state from any source other than one possessed of a nonresident seller's permit or a wholesaler licensed pursuant to §
57-3-203
holding a basic permit under the Federal Alcohol Administration Act (
27 U.S.C. § 201
et seq.), as an importer. No such wholesaler may purchase or order any alcoholic beverage for importation into the state from any permittee whose permit has been revoked or suspended after such wholesaler has received notice of the revocation or suspension. Notwithstanding §
57-1-201(b)(1)(A)
, no administrative action, including the imposition of any fine, may be brought against a wholesaler under this section unless, prior to bringing the action, the commission has provided written notice to the wholesaler advising the wholesaler that the supplier's nonresident seller's permit has been revoked, suspended, or not renewed.
Amended by 2016 Tenn. Acts, ch. 898,s 3, eff. 4/27/2016.
Acts 1981, ch. 157, § 6; 2011, ch. 448, § 2.
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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-607 - Nonresident seller to be primary American source of supply

(a)
No holder of a nonresident seller's permit may solicit, accept, or fill an order for distilled spirits or wine from a holder of any type of wholesaler's permit unless the nonresident seller is the primary American source of supply for the brand of distilled spirits or wine that is ordered.
(b)
In this section, "primary American source of supply" means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler, or the exclusive agent of any of those. To be the "primary American source of supply" the nonresident seller must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers.
Acts 1981, ch. 157, § 7.
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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-608 - Reserved

Acts 1981, ch. 157, § 8; repealed by Acts 2012, ch. 968, § 4, effective 5/10/2012.
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 6 - NONRESIDENT SELLER'S PERMITS (§§ 57-3-601 — 57-3-609) › Section 57-3-609 - Investigation of permittees

(a)
If a representative of the commission or the department of revenue wishes to examine the books, accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other records of a nonresident seller's permittee, the representative shall make a written request to the permittee or the permittee's duly authorized manager or representative or, if the permittee is a corporation, to any officer of the corporation.
(b)
When a request for an examination is made, the person to whom it is directed shall immediately allow the representative to conduct the examination.
(c)
The representative may investigate the organization, conduct, and management of any nonresident seller's permittee and may make copies of any records which in the judgment of the representative may show or tend to show that the permittee has violated state law, regulation or the terms of the permit.
(d)
A representative may not make public any information obtained under this section except to a law enforcement officer of this state or in connection with an administrative or judicial proceeding in which the state or commission is a party concerning the cancellation or suspension of a nonresident seller's permit, the collection of taxes due under state law, or the violation of state law.
(e)
The commission may revoke or suspend a nonresident seller's permit in accordance with this title if a permittee or the permittee's authorized representative fails or refuses to permit an examination authorized by this section, or to permit the making of copies of any documents as provided by this section, without regard to whether the document is inside or outside the state, or if the permittee or the permittee's authorized representative fails or refuses to answer a question of an officer incident to an examination or investigation in progress.
Acts 1981, ch. 157, § 9.
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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-701 - Short title

This part shall be known as the "Alcohol Server Responsibility and Training Act of 1995."
Acts 1995, ch. 396, § 1.
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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-702 - Commission authorized to issue permits

The commission is authorized to issue employee permits pursuant to §§
57-3-203(d)
,
57-3-203(e)
, [former] 57-3-204(c) and server permits pursuant to §
57-4-203(h)
in accordance with the requirements of this part.
Amended by 2017 Tenn. Acts, ch. 373,s 3, eff. 5/11/2017.
Amended by 2014 Tenn. Acts, ch. 973,s 3, eff. 7/1/2014.
Acts 1995, ch. 396, § 1.
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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-705 - Commission certification

The commission shall certify any organization or entity seeking to provide alcohol awareness training for employees or servers, or both, upon adequate demonstration to the commission that the curriculum, faculty, materials and facilities of the organization or entity meet such minimum standards as shall be fixed by the commission. The commission is authorized to review the adequacy of the curriculum, faculty, materials and facilities of any certified trainer at any time. Failure of any certified trainer to maintain adequate records, respond to a request for information from the commission, or meet the minimum standards prescribed by the commission shall be grounds to decertify the organization or entity. The commission may certify any online training programs that meet the minimum standards as set by the commission.
Amended by 2017 Tenn. Acts, ch. 338,s 3, eff. 5/9/2017.
Acts 1995, ch. 396, § 1.
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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-706 - Criminal record check

The commission may conduct a criminal record review of any applicant for an employee or server permit to ensure the applicant's compliance with the requirements of this part. The commission shall employ the best available means to conduct this investigation.
Acts 1995, ch. 396, § 1.
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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-707 - Temporary permits - Replacement permit cards - Property of employee

A new server may work for sixty-one (61) days after being hired without the permit required by this part. Any server who has worked for sixty-one (61) days must have the permit required by this part. Upon payment of a reasonable copying fee, the alcoholic beverage commission is authorized and directed to issue replacement permit cards to any cardholder who is qualified under this part for an employee or server permit card which is still valid. Employee and server permit cards are hereby declared the property of the employee or server to whom such cards have been issued. Licensed establishments shall only require a server or employee to provide a copy of such cards for keeping by the establishment.
Acts 1995, ch. 396, § 1; 1999, ch. 206, § 1; 2001, ch. 279, § 1; 2002, ch. 716, § 1.
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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-708 - Permit renewal

Beginning January 1, 2025, each server permit is valid for two (2) years and each employee permit is valid for five (5) years. Employee and server permits issued prior to January 1, 2025, will expire five (5) years from their issuance date.
Amended by 2024 Tenn. Acts, ch. 961,s 5, eff. 5/9/2024.
Acts 1995, ch. 396, § 1; 2001, ch. 279, § 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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-709 - Fees

The commission may assess an application and renewal fee for the permits to be issued under this part. The commission may assess a certification fee to any organization or entity seeking certification under §
57-3-705
. The commission shall establish such fees, only pursuant to rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and such fees shall be limited only to covering the costs of implementing this part and for the implementation and updating of commission information technology and software. The commission shall assess an application and renewal fee for the permits issued under this part in an amount sufficient to fund any cost to the state which results from loss of federal funds to implement and administer this program.
Amended by 2015 Tenn. Acts, ch. 425,s 2, eff. 5/15/2015.
Acts 1995, ch. 396, § 1.
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 7 - EMPLOYEE AND SERVER PERMITS (§§ 57-3-701 — 57-3-710) › Section 57-3-710 - Implementation

The commission is authorized to promulgate appropriate rules to implement this part.
Acts 1995, ch. 396, § 1.
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 57-3-801 - Referendum for sale of wine in retail food stores - Form of referendum - Time of election

(a)
(1)
This part is effective in a jurisdiction that authorizes the sale of wine in retail food stores in a referendum in the manner prescribed by §
57-3-106
; provided, however, that the jurisdiction must have held and passed, or be located within a county that has held and passed, a referendum authorizing retail package stores or a referendum authorizing the sale of alcoholic beverages for consumption on the premises prior to holding a referendum authorized under this section.
(2)
If the county election commission receives the necessary petition requesting the referendum not less than forty-five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to §
2-3-204
, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
(3)
Notwithstanding subdivision (a)(1) and §
57-3-101(a)(14)
to the contrary, any municipality having a population of not less than five hundred seventy (570) nor more than five hundred seventy-nine (579), according to the 2010 federal census or any subsequent federal census, that is located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, may conduct a referendum to authorize the sale of wine at retail food stores within the corporate boundaries of such municipality. The referendum shall be conducted in the manner prescribed by §
57-3-106
, notwithstanding the population requirements of §
57-3-106(b)(1)
.
(b)
At any such election, the question submitted to the voters shall be in the following form:
For legal sale of wine at retail food stores in ______________ (here insert name of political subdivision).
Against legal sale of wine at retail food stores in ______________(here insert name of political subdivision).
(c)
A referendum described in this section may be held at any election prescribed in §
57-3-106(c)(1)
; provided, however, that no such referendum may be held prior to the regular November election in 2014.
Amended by 2023 Tenn. Acts, ch. 178, s 1, eff. 4/17/2023.
Amended by 2016 Tenn. Acts, ch. 1068, s 7, eff. 5/20/2016.
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 57-3-802 - Part definitions

For purposes of this part:
(1)
"Retail food store" means an establishment that is open to the public that derives at least twenty percent (20%) of its sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in §
67-6-228(a)
and has retail floor space of at least one thousand two hundred square feet (1,200 sq. ft.); and
(2)
"Wine" means the product of the normal alcoholic fermentation of the juice of dried or fresh, sound, ripe grapes, fruit, or other agricultural products, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne and sparkling and fortified wine of an alcoholic content not to exceed eighteen percent (18%) by volume. No other product may be called "wine" unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or as an artificial or imitation wine.
Amended by 2023 Tenn. Acts, ch. 236,s 3, eff. 4/25/2023.
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 57-3-804 - Application fee and annual license fee

Each applicant for a retail food store wine license shall pay to the commission a one-time, nonrefundable fee in the amount of four hundred dollars ($400) when the application is submitted for review. A retail food store wine license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of one thousand two hundred fifty dollars ($1,250).
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 57-3-805 - Location of licensed premises

The premises of a retail food store wine license may be located in a municipality or the unincorporated areas of a county; provided, that such county or municipality has approved sales of wine by retail food stores by local option election pursuant to §
57-3-801
. If a county-wide referendum is approved under this part, the premises of a retail food store wine license may be located 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 19, eff. 4/17/2017.
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 57-3-807 - Applicability of part 2 of this chapter to retail food store wine licenses

Laws applicable to the issuance, renewal, suspension, and termination of retailer's licenses issued pursuant to part 2 of this chapter and the regulation of and operation by such license holders shall apply in the same manner to retail food store wine licenses and license holders unless this part expressly states otherwise.
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 57-3-808 - [Effective Until 1/1/2025] Prohibition against sales to minors - Identification required - Penalty

(a)
A retail food store wine license holder engaging in the business regulated under this part, or any employee thereof, shall not make or permit to be made any sales to minors. Prior to making a sale of wine for off-premises consumption, the adult consumer must present to the license holder or any employee of the license holder a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder that includes the photograph and birth date of the adult consumer attempting to make a wine purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the license holder. The license holder or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of wine for off-premises consumption shall be made to a person who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, for a violation of this section if the sale was made to a person who is or reasonably appears to be over fifty (50) years of age and who failed to present an acceptable form of identification.
(b)
A violation of subsection (a) is a Class A misdemeanor.
Amended by 2015 Tenn. Acts, ch. 428, s 5, eff. 5/15/2015.
Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 57-3-808 - [Effective 1/1/2025] Prohibition against sales to minors - Identification required - Penalty

(a)
A retail food store wine license holder engaging in the business regulated under this part, or any employee thereof, shall not make or permit to be made any sales to minors. Prior to making a sale of wine for off-premises consumption, the adult consumer must present to the license holder or any employee of the license holder a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder, that includes the photograph and birth date of the adult consumer attempting to make a wine purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the license holder. The license holder or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of wine for off-premises consumption shall be made to a person who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, for a violation of this section if the sale was made to a person who is or reasonably appears to be over fifty (50) years of age and who failed to present an acceptable form of identification.
(b)
As used in this section, "other form of identification" includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a license holder for the purpose of aiding the employee in determining whether or not the person is at least twenty-one (21) years of age when such person desires to purchase alcoholic beverages procured from a license holder if the system demonstrates that:
(1)
The adult consumer is at least twenty-one (21) years of age; and
(2)
The adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make a wine purchase.
(c)
A violation of subsection (a) is a Class A misdemeanor.
Amended by 2024 Tenn. Acts, ch. 850,s 1, eff. 1/1/2025.
Amended by 2015 Tenn. Acts, ch. 428, s 5, eff. 5/15/2015.
Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 57-3-809 - Prohibition against sale to intoxicated persons or persons accompanied by an intoxicated person

No retail food store wine licensee shall sell any alcoholic beverages to any person who is visibly intoxicated, nor shall any retailer selling alcoholic beverages sell to any person accompanied by a person who is visibly intoxicated.
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 57-3-810 - Licensees exempt from certain restrictions - Licensee operating more than one licensed retail food store in state

(a)
The restrictions in §§
57-3-404(e) and (f)
,
57-3-210(g) and (h)
and
57-3-204(b)
shall not apply to retail food store wine licenses issued pursuant to this part.
(b)
A retail food store licensed to sell wine under this part shall not be limited to operating one (1) licensed retail food store business in this state; provided, however, that no retail food store wine licensee shall be permitted to combine its purchasing with any other retail food store wine licensee or retailer licensed under §
57-3-204
.
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 57-3-811 - Hours for selling or giving away wine

No retail food store shall sell, give away, or otherwise dispense wine except between the hours of eight o'clock a.m. (8:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Monday through Saturday and between ten o'clock a.m. (10:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Sunday.
Amended by 2018 Tenn. Acts, ch. 783,Sec.s3, eff. 4/20/2018 and s 4 eff. 1/1/2019.
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 57-3-812 - Storage and delivery of wine - Purchase of wine from wholesaler

(a)
A retail food store licensed to sell wine under this part shall not store any wine off of the licensed premises.
(b)
All deliveries of wine to a retail food store must be made by a licensed wholesaler through a common carrier, a contract carrier or on vehicles owned by the wholesaler. The deliveries shall only be made to the business address of the retail food store.
(c)
All purchases of wine from a licensed wholesaler by a retail food store must be conducted by designated managers on premises at each retail food store location where delivery will be made. A retail food store may have more than one (1) designated manager per location.
(d)
A wholesaler shall not take orders for wine from any retail food store employee other than a designated manager; provided, that an order does not include a preorder made by a person with a pending application for a retail food store wine license.
Amended by 2017 Tenn. Acts, ch. 443,s 3, eff. 5/25/2017.
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 57-3-813 - Prohibition against credit sales to licensee by wholesaler

No wholesaler shall sell any product to a retail food store wine licensee on credit and payment for all sales to such licensee by a wholesaler shall be effected upon delivery of the product. In order to facilitate the implementation of this section, all payments to wholesalers by such licensees shall be made by electronic funds transfer, credit card, debit card, or such other method as approved by the commission that will facilitate full payment at or near the time of delivery.
Amended by 2014 Tenn. Acts, ch. 1015,s 7, eff. 4/16/2014.
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 57-3-814 - Licensee prohibited from sale of wine in connection with wholesale wine or alcoholic beverage business in state

No holder of a retail food store wine license shall sell wine in connection with any business involved in the wholesale sale of wine or alcoholic beverages within this state.
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 57-3-815 - Wholesaler, manufacturer, winery, or nonresident seller's permit holder prohibited from providing certain services to licensee - Delivery of wine - Merchandising assistance

(a)
No wholesaler licensed under §
57-3-203
and no manufacturer, winery, nonresident seller's permit holder or any employee, agent, representative or salesperson employed by or representing any such wholesaler, manufacturer, winery or nonresident seller's permit holder shall provide any services to or for the benefit of a retail food store wine licensee including, but not limited to, services involving shelving, dressing, displaying, or setting inventory owned or purchased by the retail food store licensee. A wholesaler may deliver wine to the premises of a retail food store wine licensee any time at which the wholesaler and the retail food store wine licensee's manager mutually agree in accordance with the ordinary and customary practices of the two industries, regardless of whether the retail food store wine licensee is open to the public, and may deliver wine to a location upon the licensed premises as directed by the retail food store wine licensee.
(b)
Notwithstanding subsection (a), a wholesaler, including the wholesaler's agents, servants, or employees, may provide merchandising assistance to a retail food store wine licensee pursuant to this subsection (b). Wholesalers may build and stock wholesaler displays of wine on the premises of a retail food store wine licensee. Wholesaler displays must not be part of the retail food store's regular shelving. Wholesalers may replenish wholesaler displays for a maximum period of one (1) month after the initial display has been installed. Wholesalers shall not price the wholesaler displays and shall not provide any other services or things of value to the retail food store wine licensee.
Amended by 2017 Tenn. Acts, ch. 443,Secs.s1, s2 eff. 5/25/2017.
Added by 2014 Tenn. Acts, ch. 554,s 1, eff. 3/20/2014.