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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-102 - Traffic in intoxicating liquor permitted by local option

(a)
It is lawful to manufacture, store, sell, distribute and purchase alcoholic beverages or wine subject to proper licensing, payment of taxes, compliance with the limitation, regulations and conditions provided in this chapter, in counties or municipalities of this state that by local option elections so permit as provided in this chapter.
(b)
It shall be lawful for an individual to transport up to five gallons (5 gals.) of alcoholic beverages or wine for personal or household use of the individual in counties or municipalities that have not permitted the sale of alcoholic beverages or wine by local option elections as provided in this chapter and amounts in excess of five gallons (5 gals.) if accompanied by a receipt or other documentation demonstrating legal purchase or transport from an entity licensed under §
57-3-203
, §
57-3-204
, §
57-3-207
or §
57-3-218
.
Acts 1939, ch. 49, § 1; C. Supp. 1950, § 6648.5 (Williams, § 6648.4); T.C.A. (orig. ed.), § 57-107; Acts 2009, ch. 434, § 3; 2011, ch. 451, § 4.
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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-103 - Construction of chapter

(a)
(1)
Nothing in this chapter shall affect chapter 2 of this title.
(2)
Alcoholic beverages lawfully manufactured pursuant to chapter 2 of this title may be lawfully sold in Tennessee by a manufacturer to a wholesaler duly licensed, in those counties or municipalities which favor local option after election duly held and carried as hereinafter provided for. Any manufacturer now operating pursuant to chapter 2 of this title may continue to do so without being affected in any way by this chapter, except as otherwise expressly provided herein.
(b)
Except as specifically permitted in §§
57-3-207
,
57-3-402
and
57-3-403
, no person may store any alcoholic beverages, unless the person holds a license under §
57-3-203
, §
57-3-204
, §
57-3-218
or §
57-4-101
, or is employed by the licensee, unless the alcoholic beverage is intended for that person's personal or social use.
(c)
It is the intent of the general assembly to be certain that any product containing or manufactured with distilled alcohol should be distributed only in those jurisdictions authorizing the sale of alcoholic beverages, and such distribution be subject to the rules and regulations of the commission.
Amended by 2014 Tenn. Acts, ch. 861,s 4, eff. 5/1/2014.
Amended by 2014 Tenn. Acts, ch. 554,s 20, eff. 7/1/2014.
Acts 1939, ch. 49, § 2; C. Supp. 1950, § 6648.6 (Williams, § 6648.5); T.C.A. (orig. ed.), § 57-108; Acts 1983, ch. 229, § 5; 1986, ch. 516, §§ 2, 3; 2006, ch. 955, § 1; 2011, ch. 451, § 5.
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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-105 - Conflicts of interest prohibited

No member of the commission and no person employed by the commission shall have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, or in any other manner, in or on any premises where alcoholic beverages are sold; nor shall they or any of them have any interest, direct or indirect, in any business wholly or partially devoted to the sale, transportation or storage of alcoholic beverages.
Acts 1939, ch. 49, § 5; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); impl. am. Acts 1963, ch. 257, § 15; T.C.A. (orig. ed.), § 57-110.
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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-107 - Counties in which no election held - Counties voting against local option - Effect - Transportation of intoxicating liquors through dry counties

(a)
In the several counties, or portions thereof, and in the several municipalities wherein separate local option election may be held under the provisions hereof, in which no local option election is held, or, if held, a majority of votes cast therein are against local option, then as to that county or portion thereof, or municipality, nothing in this chapter shall be so construed as to modify in any respect the statutes now in force relating to the manufacture, sale, transportation, and/or possession of intoxicating liquors, but the same shall remain in full force and effect.
(b)
It shall be lawful to transport alcoholic beverages through such counties in which no local option election is held, or if the election is held and the majority of votes cast therein are against local option, if, in either such case, such beverages are in sealed bottles or containers, and are moving from a duly licensed manufacturer to a licensed wholesaler, or from a wholesaler to a licensed retailer, and such shipment is accompanied by a bill of lading or other instrument in writing showing the destination of such alcoholic beverages.
(c)
Whenever any county or municipality wherein traffic in alcoholic beverages has been legalized, shall, by a majority vote in a local option election held as set out herein, prohibit such traffic, all licensed dealers in such county or municipality shall have ninety (90) days from the final determination of the results of the election to dispose of their stocks of alcoholic beverages and wind up their businesses.
Acts 1939, ch. 49, § 17; C. Supp. 1950, § 6648.9 (Williams, § 6648.20); Acts 1951, ch. 138, § 2; 1967, ch. 215, § 2; modified; T.C.A. (orig. ed.), § 57-112.
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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-109 - Damaged or unaccepted goods - Liability for tax

When any common carrier transporting alcoholic beverages to a point within this state, or any insurance company insuring such alcoholic beverages, comes into possession of such alcoholic beverages by virtue of the same being damaged or otherwise unaccepted by the consignee of such alcoholic beverages, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner of revenue is furnished to the commissioner by such carrier or insurer showing that such alcoholic beverages have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state.
Acts 1971, ch. 150, § 1; T.C.A., § 57-169.
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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-110 - Sale of liquors to armed forces agencies

(a)
Any wholesaler, manufacturer, or distiller may sell intoxicating liquors to any post exchange, ship's service store, mess, club, or commissary of any post, camp, station or reservation of the armed forces, or any other agency authorized by the department of defense to engage in the sale of intoxicating liquors.
(b)
Before any person shall transport (other than by common carrier) alcoholic beverages within, into, or through this state, for delivery to any such ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, such person shall comply with §
57-3-403
, and any other law applicable to the transporting of alcoholic beverages, and shall, in addition thereto, procure from the alcoholic beverage commission a special permit in such form as may be prescribed by the commission, which application, among other things, shall state the name and location of the post exchange, ship's service store, mess, club, commissary, or other agency to which the delivery will be made, the route over which such shipment will be hauled, and the amount to be transported according to the separate containers making up such shipment.
(c)
Before any common carrier shall transport alcoholic beverages within, into or through this state for delivery to a post exchange, ship's service store, mess, commissary, club or other agency under the jurisdiction of the department of defense, notice of such shipment shall be given to the alcoholic beverage commission, which notice shall include, among other things, the name and location of the consignee, the route over which such shipment will be transported, and the amount to be transported according to the separate containers making up such shipment.
(d)
It is herein declared to be the legislative intent to permit the sale of alcoholic beverages to post exchanges and similar agencies under the jurisdiction of the department of defense on military or naval reservations and posts within the boundaries of this state by wholesalers, manufacturers, and distilleries only upon strict compliance with this section, §
57-3-403
and all other sections applicable to the transportation of alcoholic beverages within, into, or through this state.
Acts 1955, ch. 347, § 1; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 257, § 49; T.C.A., § 57-151.
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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-111 - Appropriation for enforcement of law

There is appropriated from state license and permit fees a sum sufficient for the salaries, cost, expenses, operation and enforcement of this chapter, subject to an allotment by the commissioner of finance and administration, with the approval of the governor, but in no event shall the allotment made by the commissioner exceed the amount of fees collected under this chapter.
Acts 1939, ch. 49, § 9b, as added by Acts 1949, ch. 284, § 5; C. Supp. 1950, § 6648.14b (Williams, § 6648.12b); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 57-149.
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 1 - GENERAL PROVISIONS (§§ 57-3-101 — 57-3-112) › Section 57-3-112 - Partial invalidity of law - Operation and effect

If the referendum election provisions of this chapter, or any part thereof, as contained in §
57-3-106
or elsewhere, be held unconstitutional, or invalid, void, or ineffective, for any reason, in whole or in part, this chapter must fail as such provisions shall not be severable, and no part of this chapter would have been passed without such provisions being contained therein as valid provisions.
Acts 1939, ch. 49, § 18; C. Supp. 1950, § 6648.23 (Williams, § 6648.21); modified; T.C.A. (orig. ed.), § 57-150.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-201 - License classifications

The alcoholic beverage commission may issue, under this chapter, the following classes of licenses, in relation to alcoholic spirituous beverages exclusively, which shall consist of the following classes only:
(1)
Manufacturer's or distiller's or rectifier's license;
(2)
Liquor wholesaler's license;
(3)
Liquor retailer's license;
(4)
Winery license;
(5)
Winery direct shipper's license;
(6)
Alcoholic beverage collector's license;
(7)
Winemaking on premises facility license;
(8)
Farm wine permit; and
(9)
Wine at retail food store license.
Amended by 2019 Tenn. Acts, ch. 263,s 1, eff. 4/30/2019.
Amended by 2014 Tenn. Acts, ch. 554,s 5, eff. 7/1/2014.
Acts 1939, ch. 49, § 5; mod. C. Supp. 1950, § 6648.10 (Williams, § 6648.8); modified; impl. am. Acts 1963, ch. 257, § 17; T.C.A. (orig. ed.), § 57-114; Acts 2009, ch. 348, § 2; 2009, ch. 484, § 2; 2011, ch. 451, § 1; 2012, ch. 691, § 2.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-205 - Location of retail license restricted

(a)
No license entitling the holder thereof to sell or deal in alcoholic spirituous beverages at retail shall be granted with respect to premises not situated within either a municipality as defined in §
57-3-101
or within a civil district of a county, which district shall have a population of thirty thousand (30,000) persons or more, according to the federal census for the year 1950 or any subsequent census, but which civil district shall not have lying either wholly or partially within its boundaries a municipality as defined in §
57-3-101
.
(b)
This section shall not be construed to apply to any civil district of any county of this state which county has a population of not more than one hundred seventy-eight thousand five hundred (178,500) nor less than one hundred seventy-eight thousand four hundred (178,400), according to the federal census of 1940 or any subsequent federal census.
Acts 1939, ch. 49, § 5; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); Acts 1951, ch. 52, § 2; T.C.A. (orig. ed.), § 57-118.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-206 - Collection and disposition of wholesale and retail dealers license fees

It is made the duty of the commission to collect all license fees paid or due the state on account of each license issued to a wholesale or retail dealer in alcoholic spirituous beverages, or in respect to the continuance of any of such licenses. The commission shall deposit collections with the state treasurer to be earmarked for and allocated to the commission for the purpose of the administration and enforcement of the duties, powers, and functions of the commission.
Acts 1939, ch. 49, § 13; mod. C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 22; T.C.A. (orig. ed.), § 57-119; Acts 2004, ch. 876, § 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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-211 - Display of license, rules and regulations

Any person granted a license to carry on any of the businesses or undertakings contemplated by this chapter shall, before being qualified to do business, display and post, and keep displayed and posted, in the most conspicuous place on the premises, such license, and shall promptly procure and keep at the place of business a copy of the rules and regulations promulgated by the commission.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 27; T.C.A. (orig. ed.), § 57-124.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-212 - Transfer of permits restricted

(a)
The holder of a license may not sell, assign or transfer such license to any other person, and such license shall be good and valid only for the twelve (12) months after the same was issued.
(b)
Licensees who are serving in the military forces of the United States in time of war may appoint an agent to operate under the license of the licensee during the absence of the licensee. In such instances, the license shall continue to be carried and renewed in the name of the owner. The agent of the licensee shall conform to all the requirements of a licensee under this chapter, including the furnishing of a certificate as provided under §
57-3-208
. No person who is ineligible to obtain a license under this chapter shall be eligible to serve as the agent of a licensee under this section.
(c)
Except as expressly authorized, there shall be no transfer of any permit from the holder thereof to another, nor, except in special instances to be fixed by rule or regulation of the commission, any transfer thereof from one (1) location to another.
Amended by 2018 Tenn. Acts, ch. 783,s 14, eff. 4/20/2018.
Amended by 2018 Tenn. Acts, ch. 783,s 11, eff. 4/20/2018.
Acts 1939, ch. 49, §§ 5, 14; 1943, ch. 98, § 1; C. Supp. 1950, §§ 6648.16, 6648.17 (Williams, §§ 6648.8, 6648.17); impl. am. Acts 1963, ch. 257, § 28; T.C.A. (orig. ed.), § 57-125; Acts 1981, ch. 152, § 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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-213 - Expiration of licenses - Renewal

(a)
Each license shall expire twelve (12) months following the date of its issuance. The commission is authorized to issue renewal licenses for all qualified persons licensed as of July 1, 1981 for a period of time greater than three (3) months but less than a year so as to distribute expiration dates throughout the year, for the year following July 1, 1981 only. The license fee or the proportionate part thereof prescribed by this chapter shall be paid in advance at the time the application for renewal is made as provided by this chapter.
(b)
Each license issued pursuant to this chapter may be renewed upon application therefor by the licensee. The renewal application shall be accompanied by the payment of the annual fee for such license. Each license shall automatically expire twelve (12) months from the date of its issuance unless the licensee has filed a renewal application and paid the annual license fee or privilege tax required by this title.
(c)
The commission shall consider the application with all other evidence which it may obtain by investigation or otherwise in determining whether the license is to be renewed. The commission shall make such order, as the entire record justifies, granting or refusing the renewal application, and such order shall be effective from its date. If the license is not renewed, the applicant is entitled to the hearing and notice requirements as set out in §
57-3-214
.
(d)
[Deleted by 2019 amendment.]
Amended by 2019 Tenn. Acts, ch. 136,s 1, eff. 8/1/2019.
Acts 1939, ch. 49, § 14; 1949, ch. 284, § 6; C. Supp. 1950, § 6648.17; Acts 1951, ch. 52, § 5; impl. am. Acts 1963, ch. 257, § 29; Acts 1976, ch. 438, § 1; T.C.A. (orig. ed.), § 57-126; Acts 1981, ch. 152, § 2; 1982, ch. 577, § 1; 1985, ch. 76, § 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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-214 - Revocation, suspension or denial of license or permit

(a)
Whenever, under this chapter, the commission is authorized to revoke a license or permit issued by it, except in those cases where revocation is mandatory, it may, if, in its discretion, it feels that revocation of the license or permit is too drastic a penalty, suspend the license or permit, and the procedure for such suspension and the review of such suspension order shall be the same as that prescribed herein for revocation of licenses or permits issued under this chapter.
(b)
If a revocation of license is being contemplated with respect to a retailer's license on premises owned by a person, firm or corporation not the licensee, a copy of the notice sent to the licensee shall also be sent to the owner at the address on record with the commission.
(c)
The commission or other employee designated by the commission is empowered to subpoena witnesses and compel their attendance and the production of records, memoranda, papers and other documents at any hearing authorized under this section.
(d)
At all hearings provided for herein, the commission shall provide a stenographer to take a stenographic record of the evidence adduced at such hearing. The applicant, licensee, permittee, or protestant shall be entitled to a copy of the stenographic record, upon application thereof, and upon paying the reasonable cost thereof to be fixed by the commission. The commission may require the applicant to bear the costs of any hearing required on the application including any fees to court reporter and preparation and copying of a transcript or stenographic record of such hearing. All such costs must be paid by the applicant before it may receive its license.
(e)
No judge of any court shall have the authority to supersede, stay or enjoin any order of revocation of the commission issued pursuant to a hearing authorized under this section, but such order shall remain in full force and effect until the final decision by the supreme court except where the judgment of the circuit court is unappealed from and has become a final judgment.
Acts 1939, ch. 49, § 14; 1941, ch. 113, § 1; 1945, ch. 85, §§ 1, 2; 1949, ch. 284, § 8; C. Supp. 1950, § 6648.17; impl. am. Acts 1963, ch. 257, § 30; Acts 1970, ch. 469, § 1; 1977, ch. 461, § 2; T.C.A. (orig. ed.), § 57-127; Acts 1981, ch. 449, § 2; 1981, ch. 465, §§ 1-3; 1982, ch. 877, § 1; 1986, ch. 738, § 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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-215 - New license after revocation

(a)
Where a license is revoked, no new license shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of one (1) year from the date such revocation becomes final and effective.
(b)
If the premises are owned by a person, firm or corporation not the licensee, the commission may, in its discretion, waive subsection (a) or reduce the time within which no new license may be granted with respect to the same premises.
Acts 1945, ch. 167, § 2; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); Acts 1977, ch. 461, § 3; T.C.A. (orig. ed.), § 57-128.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-216 - Federal license as evidence of sales

The possession of any federal license to sell alcoholic beverages defined in §
57-3-101
, without the corresponding requisite state license, shall in all cases be prima facie evidence that the holder of such federal license is selling alcoholic beverages in violation of the terms of this chapter.
Acts 1939, ch. 49, § 14; C. Supp. 1950, § 6648.17; T.C.A. (orig. ed.), § 57-129.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-219 - Continuation of the issuance of licenses for the retail sale of alcoholic beverages for off-the-premises consumption in certain counties

If, a smaller city located in a county having a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, retained its charter when the metropolitan form of government was adopted in such county; and
If, such city later by action of its governing body abolishes its charter and by such action becomes a part of the general services district of such county having a metropolitan form of government; and
If, while the charter of such smaller city was in existence, licenses were issued for the retail sale of alcoholic beverages for off-the-premises consumption; then:
Notwithstanding any provision of the charter of such metropolitan government to the contrary, licenses may continue to be issued for the retail sale of alcoholic beverages for off-the-premises consumption for those stores which were located within the municipal boundaries of the city while the charter was in force even though, once the charter is abolished, such area will be designated as being included in the general services district of such county.
Acts 2010, ch. 1133, § 6; T.C.A. §
57-4-108
.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-220 - License for military personnel living abroad to ship wine to this state

(a)
Any individual who has been stationed outside the United States while serving as a member of the armed forces of the United States or a member of a reserve or Tennessee national guard unit may apply to the commission for a one-time license allowing such individual to ship any wine such individual has purchased while residing outside the United States to this state.
(b)
Each individual applying for a license under this section shall pay to the commission a one-time nonrefundable fee of one hundred dollars ($100). Each individual shall also pay the appropriate taxes required pursuant to §
57-3-302
.
(c)
The commission shall create a form for issuing a license under this section. The form shall contain any information the commission deems necessary for allowing shipment under this section and for ensuring the individual pays the appropriate taxes.
(d)
Any individual who ships wine pursuant to this section is prohibited from reselling any wine shipped to this state.
Acts 2012, ch. 968, § 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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-221 - Manager's permit

(a)
There is created a manager's permit to be issued by the commission to any individual who will be in actual control of the alcohol, wine or beer operations of a retailer licensed under §
57-3-204
, or a retail food store wine licensee.
(b)
An individual seeking a manager's permit shall make application for such permit by completing an application form in the manner prescribed by the commission. The individual must demonstrate that the individual meets the following requirements:
(1)
Has not been convicted of any crime involving the sale or distribution of alcohol over the previous eight (8) years;
(2)
Has not been convicted of any felony within the previous five (5) years;
(3)
Is at least eighteen (18) years of age;
(4)
Has not had an employee or server permit or any similar type permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous three (3) years;
(5)
Does not hold any ownership interest in any licensee or permittee licensed pursuant to §
57-3-203
, nor shall the individual have had any ownership interest in any licensee licensed under this title that has had its license revoked by the issuing authority within the previous eight (8) years; and
(6)
Has received training in alcohol awareness and the rules and regulations of the commission by an entity approved by the commission pursuant to §
57-3-705
.
(c)
The manager's permit shall be valid for a period of five (5) years. The commission may impose a fee for the processing and cost of issuance of the manager's permit and for renewal of such permit. The fee shall be adequate for the commission to undertake an appropriate verification of the information provided by the applicant. This fee, which shall not exceed two hundred dollars ($200), shall be determined by the commission.
(d)
Manager's permits shall be required for the appropriate individuals at retailers licensed under §
57-3-204
and retail food store wine licensees.
Amended by 2017 Tenn. Acts, ch. 373,Secs.s4, s5 eff. 5/11/2017.
Added by 2014 Tenn. Acts, ch. 554,s 11, eff. 7/1/2014.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-222 - Minimum required sales for renewal of retail license - Recordkeeping - Suspension or revocation of license

(a)
In order to renew a retail license, the licensee must maintain a minimum of sixty-five percent (65%) of the licensee's total sales from alcoholic beverages, including wine and beer, such percentage to be calculated on an annual basis. The licensee shall keep sales and purchase records through accounting methods that are customary or reasonable in the retail business.
(b)
A retail licensee who fails to comply with subsection (a) in achieving the minimum required sales or in failing to keep adequate records shall have one (1) year to come into compliance. During this one-year period, the licensee shall work with the commission in creating a plan that would bring the licensee into compliance with this section.
(c)
Failure to comply after the one-year period shall result in the retail license being suspended or revoked by the commission.
(d)
In order to determine compliance with subsection (a), each retail licensee shall submit sales information to the commission in such form as the commission deems appropriate at the time the licensee applies for renewal. The commission is authorized to verify sales information if the commission deems it necessary with the department of revenue.
Added by 2014 Tenn. Acts, ch. 554,s 13, eff. 7/1/2014.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-223 - Retail licensee permitted to also hold license to sell alcoholic beverages for consumption on premises - Requirements

Notwithstanding any other provision in this title or any rule to the contrary, an individual or corporation may hold a retail license issued pursuant to §
57-3-204
and may also hold a license to sell alcoholic beverages for consumption on premises pursuant to chapter 4 of this title; provided, however, that each license must be operated as a separate and distinct business and shall not be at the same location.
Added by 2014 Tenn. Acts, ch. 554,s 16, eff. 7/1/2014.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-225 - Delivery employee license

(a)
Beginning July 1, 2018, each delivery service licensed under §
57-3-224
shall be required to annually file a report stating the number of delivery drivers used by the delivery service to deliver alcoholic beverages, beer, or both, in the twelve (12) months preceding the date of the report. Each delivery service licensee shall maintain for each delivery driver covered by the licensee's delivery service license, records sufficient to verify the identity of each delivery driver, a copy of each delivery driver's license, and a copy of the background check conducted for that delivery driver pursuant to §
57-3-224(d)
.
(b)
Each delivery service licensee may employ or contract with any person meeting the following requirements:
(1)
Is at least twenty-one (21) years of age;
(2)
Has had a background check conducted pursuant to §
57-3-224(d)
to ensure the individual has not been convicted of any crime involving the sale and distribution of alcohol within the previous seven (7) years or has not been convicted of any felony within the previous five (5) years; and
(3)
Has a valid driver license.
(c)
In addition to the annual license fee in §
57-3-224(c)
, a delivery service licensee shall pay a fee based on the total number of delivery service employees or independent contractors used by the delivery service licensee in the prior year. The fee shall be as follows:
(1)
0-15 delivery drivers - $50
(2)
16-30 delivery drivers - $100
(3)
31-45 delivery drivers - $150
(4)
46-60 delivery drivers - $200
(5)
61-100 delivery drivers - $250
(6)
101-150 delivery drivers - $300
(7)
151-200 delivery drivers - $350
(8)
Fifty dollars ($50.00) for each additional fifty (50) delivery drivers over two hundred (200) until a maximum of one thousand dollars ($1,000).
(d)
With respect to the delivery of alcoholic beverages, beer, or both pursuant to this chapter, a delivery service company may be subject to fines or the suspension or revocation of its license from the commission based on the conduct of a delivery driver. A retailer is not subject to a fine or the suspension or revocation of its license based on conduct of a delivery service driver after the driver picks up alcoholic beverages or beer from the retailer.
Amended by 2018 Tenn. Acts, ch. 765,s 6, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 1045,s 4, eff. 4/28/2016.
Added by 2015 Tenn. Acts, ch. 285,s 2, eff. 4/28/2015.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-226 - Sale or transfer of alcoholic beverage inventory

Notwithstanding §
57-3-204(c)
or any other law to the contrary, a retailer licensed pursuant to §
57-3-204
that is selling the licensed establishment to a new licensee of the same license type or that is closing the licensed establishment may sell or transfer its alcoholic beverages to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if:
(1)
The selling or closing licensee submits written notice to the commission and the department of revenue at least ten (10) days in advance of the sale or transfer to dispose of the licensee's remaining inventory. The commission shall determine the form of such notice and the method by which the notice must be provided. The notice must identify the licensee who is purchasing or receiving the inventory, the proposed date of the sale or transfer, and the quantity, types, and brands of alcoholic beverages to be sold or transferred;
(2)
All invoices and debts related to alcoholic beverages being sold or transferred pursuant to this section are paid in full prior to the alcoholic beverages being sold or transferred; and
(3)
The purchaser or transferee is licensed by the commission under §
57-3-204
prior to the sale or transfer being finalized.
Added by 2021 Tenn. Acts, ch. 76, s 1, eff. 3/29/2021.
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 2 - LICENSES AND FEES (§§ 57-3-201 — 57-3-227) › Section 57-3-227 - Common carrier license

(a)
Beginning January 1, 2023, there is created a common carrier license to be issued by the commission to a person, firm, or corporation that transports goods for a fee, and maintains a regularly established schedule of service within this state to transport wine from a person licensed under §
57-3-217
or §
57-3-415
directly to the citizens of the state who are twenty-one (21) years of age or older. Each applicant shall pay to the commission a one-time, nonrefundable fee in the amount of three hundred dollars ($300) when the application is submitted for review. A license under this section must not be issued until the applicant has paid to the commission the annual license fee of one thousand dollars ($1,000).
(b)
A common carrier shall only transport wine to individuals over twenty-one (21) years of age and in accordance with §
57-3-217
. It is a violation for a common carrier, their employees, agents, or contractors, upon the time of final delivery to the individual, to not inspect a valid government-issued identification for proof the individual is twenty-one (21) years of age or older.
(c)
This section does not apply to common carriers regulated under
49 U.S.C. §§ 10101
et seq., or to rail trailer-on-flatcar/container-on-flatcar (TOFC/COFC) service, as defined in
49 CFR § 1090.1
, or highway TOFC/COFC service provided by a rail carrier, either itself or jointly with a motor carrier, as part of continuous intermodal freight transportation, including, without limitation, any other TOFC/COFC transportation as defined under federal law.
(d)
The commission may make such investigations and inspections necessary to administer this part.
Added by 2022 Tenn. Acts, ch. 699, s 1, eff. 1/1/2023.
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 3 - TAXES (§§ 57-3-301 — 57-3-308) › Section 57-3-302 - Tax upon distribution or sale - Exemptions

(a)
There is levied upon the sale or distribution by sale or gift a tax of one dollar and twenty-one cents ($1.21) on each gallon of wine, and a like or proportional rate per gallon on wine sold or distributed in any other container of more or less than one gallon (1 gal.); provided, however, that this chapter shall not apply to the sale, gift or distribution of any wine manufactured, sold, given away or distributed and used solely for sacramental purposes.
(b)
There is levied upon the sale or distribution by sale or gift a tax of four dollars and forty cents ($4.40) on each gallon of spirits, and a like or proportional rate per gallon on spirits sold or distributed in any container of more or less than one gallon (1 gal.).
Acts 1939, ch. 49, § 13; 1943, ch. 5, § 1; 1947, ch. 61, § 1; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); Acts 1963, ch. 37, § 1; 1967, ch. 331, § 2; 1977, ch. 126, § 3; T.C.A. (orig. ed.), § 57-131; Acts 1985, ch. 386, § 2; 2002, ch. 856, §§ 1a, 1c.
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 3 - TAXES (§§ 57-3-301 — 57-3-308) › Section 57-3-304 - Sale or possession of untaxed alcoholic beverages unlawful

(a)
No alcoholic beverages in retail containers shall be sold for eventual retail sale or distribution by gift or retail sale in the state unless the taxes imposed under this part are paid. No retail outlet or unlicensed individual shall purchase or have in its possession any alcoholic beverages unless the taxes imposed under this part are paid.
(b)
Any person possessing alcoholic beverages in excess of five gallons (5 gals.) shall have the burden of proof that such beverages were purchased from a licensed retailer or retail food store licensed to sell wine pursuant to part 8 of this chapter and that all taxes imposed by this part have been paid.
(c)
It is unlawful for any person, dealer, distributor, or manufacturer, to sell, offer for sale, display for sale, barter, exchange or give away any alcoholic beverage, or any container thereof, in this state, without having first paid, in the manner prescribed by the commission, the tax provided in §§
57-3-302
and
57-3-303
.
(d)
A violation of this section is a Class C misdemeanor.
Amended by 2014 Tenn. Acts, ch. 554,s 3, eff. 7/1/2014.
Acts 1939, ch. 49, § 13; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 34; T.C.A. (orig. ed.), § 57-133; Acts 1989, ch. 591, § 113; 1992, ch. 608, § 5; 2009, ch. 434, § 5.
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 3 - TAXES (§§ 57-3-301 — 57-3-308) › Section 57-3-305 - State tax exclusive

The tax imposed in §§
57-3-302
and
57-3-303
is a state tax, for the benefit of the state and the counties thereof as hereinafter provided, and no county, municipality or taxing district shall have the power to levy a like tax.
Acts 1939, ch. 49, § 13; 1943, ch. 5, § 3; 1947, ch. 61, § 3; mod. C. Supp. 1950, § 6648.19 (Williams, § 6648.16); T.C.A. (orig. ed.), § 57-134.
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 3 - TAXES (§§ 57-3-301 — 57-3-308) › Section 57-3-306 - Disposition of tax proceeds

(a)
Any county in this state where a distillery is located shall receive four cents (4¢) per liter of the tax imposed by §
57-3-302(b)
collected on all sales in this state of the spirits manufactured by such distillery.
(b)
(1)
Except for the distribution as provided in subsection (a), collections of the tax imposed by §
57-3-302(a) and (b)
shall be distributed eighty-two and one-half percent (82.5%) to the general fund and seventeen and one-half percent (17.5%) to the counties. The amount distributed to the counties shall be apportioned among the counties three fourths (3/4) in proportion to their population and one fourth (1/4) in proportion to their area.
(2)
Before distributing to the counties any of the revenues mentioned in subsection (a) and subdivision (b)(1), the commissioner of finance and administration shall deduct a sum measured at a rate of sixteen thousand dollars ($16,000) per month, which sum together with an appropriation per annum from the general fund of the state shall be apportioned and transmitted to the University of Tennessee for use by the university in operating the county technical advisory service (CTAS) in its Institute for Public Service (IPS) as provided by §
49-9-402
.
(c)
Thirty percent (30%) of the amount distributed to counties having a population of more than two hundred fifty thousand (250,000), according to the 1970 federal census or any subsequent federal census, shall be paid by such counties to any municipalities within such counties that have a population of one hundred fifty thousand (150,000), according to the 1970 federal census or any subsequent federal census.
(d)
For purposes of allocating tax proceeds under this section, county population shall be as reported by the most recent federal census except as modified by special census taken pursuant to §
9-16-101
.
Acts 1939, ch. 49, § 13; 1943, ch. 5, §§ 1, 3; 1947, ch. 61, §§ 1, 3; mod. C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 37, § 2; impl. am. Acts 1963, ch. 257, § 33; Acts 1973, ch. 295, § 18; impl. am. Acts 1975, ch. 248, § 1; Acts 1978, ch. 497, § 3; 1978, ch. 806, § 3; 1978, ch. 835, § 1; T.C.A. (orig. ed.), § 57-135; Acts 1980, ch. 556, § 1; 1983, ch. 36, § 1; 2003 , ch. 355, § 18; 2005, ch. 500, § 1; 2006, ch. 989, § 6.
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 3 - TAXES (§§ 57-3-301 — 57-3-308) › Section 57-3-307 - Accounting for distribution of alcoholic beverages - Inventory adjustment for unsalable beverages

(a)
Any wholesaler who shall import alcoholic beverages into this state, or receive alcoholic beverages manufactured in the state for the purpose of use, resale or distribution by gift or retail sale in this state, shall be required to account for the distribution of all such alcoholic beverages and shall be unconditionally liable for the tax imposed herein for each and every container of alcoholic beverage removed from inventory and not sold or otherwise disposed of in accordance with this chapter or by rules and regulations promulgated by the commissioner of revenue.
(b)
The commissioner shall prescribe appropriate rules and regulations for the proper adjustment of the wholesaler's inventory when alcoholic beverages in the wholesaler's inventory are rendered unsalable. Before authorizing such an adjustment, a claim in writing and proof must be furnished in support thereof and verified by the department of revenue.
Acts 1951, ch. 138, § 1 (Williams, § 6648.16); Acts 1965, ch. 243, § 1; 1968, ch. 521, § 2; 1970, ch. 398, § 2; T.C.A. (orig. ed.), § 57-136.
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 3 - TAXES (§§ 57-3-301 — 57-3-308) › Section 57-3-308 - Taxes on high alcohol content beer

The taxes imposed on high alcohol content beer shall be as provided in §
57-3-302(a)
or §
57-3-303
(
l
), whichever is applicable.
Acts 2011 , ch. 448, § 18.
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 57-3-401 - Transportation, possession, importation, shipment or delivery of untaxed alcoholic beverages unlawful - Penalty

(a)
(1)
It is an offense for any person, firm or corporation, other than a common carrier or entity licensed under this title, to transport, either in person or through an agent, employee or independent contractor, untaxed alcoholic beverages or wine as defined in §
57-3-101
within, into, through or from this state in quantities in excess of five gallons (5 gals.). Except as provided in §
57-3-103(b)
authorizing a person to store alcoholic beverages intended for a person's personal or social use, it is an offense for any person, firm, corporation or association to possess untaxed alcoholic beverages or wine in quantities in excess of five gallons (5 gals.). A violation of this subdivision (a)(1) is a Class E felony.
(2)
Any person, firm, corporation or association transporting any alcoholic beverages or wine within or into this state shall bear the burden of proof that the taxes imposed by this title on alcoholic beverages or wine have been paid, or, in the case of wine that is manufactured at a winemaking on premises facility licensed pursuant to §
57-3-218
, that no such taxes are due. A receipt or other documentation demonstrating legal purchase or transport from an entity licensed under §
57-3-203
, §
57-3-204
, §
57-3-207
or §
57-3-218
shall be adequate proof that such taxes have been paid or that no such taxes are due.
(b)
(1)
It is an offense for any person, firm, corporation or association to import, ship, deliver or cause to be imported, shipped or delivered into this state any alcoholic beverages upon which the tax imposed by this title has not been paid or where such transportation is not authorized under this title to an entity possessing a license issued under this title. A violation of this subdivision (b)(1) is a Class E felony.
(2)
Except as provided in §
57-3-207
for purchases made by an individual at a winery licensed pursuant to §
57-3-207
, and notwithstanding the prohibition in subdivision (b)(1), it shall be lawful for any individual to transport not more than five gallons (5 gals.) of alcoholic beverages or wine into or within this state for the personal or household use of that individual.
Acts 1947, ch. 182, §§ 1, 2; C. Supp. 1950, § 6648.22 (Williams, §§ 6648.33, 6648.34); T.C.A. (orig. ed.), § 57-137; Acts 1989, ch. 591, § 61; 1992, ch. 608, §§ 6, 7; 2009, ch. 434, § 6; 2011, ch. 451, § 7.
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 57-3-405 - Solicitation of business restricted

It is unlawful for any representative, employee, or agent of any distiller, rectifier or manufacturer, to solicit business from anyone in this state except those holding a wholesaler's license to do business in this state.
Amended by 2014 Tenn. Acts, ch. 554,s 31, eff. 7/1/2014.
Acts 1939, ch. 49, §§ 12, 13; C. Supp. 1950, §§ 6648.16, 6648.19 (Williams, §§ 6648.15, 6648.16); T.C.A. (orig. ed.), § 57-141.