reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 61 - TENNESSEE HEALTH CARRIER GRIEVANCE AND EXTERNAL REVIEW PROCEDURE ACT (§§ 56-61-101 — 56-61-125) › Section 56-61-115 - Exhaustion of internal grievance process

(a)
Except as provided in subsection (b), a request for an external review pursuant to §
56-61-116
or §
56-61-118
shall not be made until the aggrieved person has exhausted the health carrier's internal grievance process as set forth in this chapter.
(1)
An aggrieved person shall be considered to have exhausted the health carrier's internal grievance process for purposes of this section, if the aggrieved person:
(A)
Has filed a grievance involving an adverse determination pursuant to §
56-61-107
; and
(B)
Has not received a written decision on the grievance from the health carrier within thirty (30) days for prospective review determinations and sixty (60) days for retrospective review determinations following the date that the aggrieved person filed the grievance with the health carrier unless the aggrieved person requested or agreed to a delay.
(2)
Notwithstanding subdivision (a)(1)(B), an aggrieved person may not file a request for an external review of an adverse determination involving a retrospective review determination until the covered person has exhausted the health carrier's internal grievance process.
(b)
A request for an external review of an adverse determination may be filed before the covered person has exhausted the health carrier's internal grievance procedures, as set forth in §
56-61-107
, whenever the health carrier agrees to waive the exhaustion requirement.
(c)
If the requirement to exhaust the health carrier's internal grievance procedures is waived pursuant to subsection (b), the aggrieved person may file a request in writing for a standard external review as set forth in §
56-61-116
or §
56-61-118
.
Acts 2010, ch. 980, § 16.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 61 - TENNESSEE HEALTH CARRIER GRIEVANCE AND EXTERNAL REVIEW PROCEDURE ACT (§§ 56-61-101 — 56-61-125) › Section 56-61-119 - Binding nature of external review decisions

(a)
An external review decision is binding on the health carrier except to the extent that the health carrier has other remedies available under applicable federal or state law.
(b)
An external review decision is binding on the covered person except to the extent that the covered person has other remedies available under applicable federal or state law.
(c)
An external review decision is binding on the healthcare provider except to the extent that the healthcare provider has other remedies available under applicable federal or state law.
(d)
An aggrieved person may not file a subsequent request for external review involving the same adverse determination or final adverse determination for which the covered person has already received an external review decision pursuant to this chapter.
Acts 2010, ch. 980, § 20.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 61 - TENNESSEE HEALTH CARRIER GRIEVANCE AND EXTERNAL REVIEW PROCEDURE ACT (§§ 56-61-101 — 56-61-125) › Section 56-61-120 - Approval of external review organizations

(a)
The commissioner shall approve external review organizations eligible to conduct external reviews under this chapter.
(b)
In order to be eligible for approval by the commissioner to conduct external reviews under this chapter, an external review organization:
(1)
Except as otherwise provided in this section, shall be accredited by a nationally recognized private accrediting entity that the commissioner has determined has external review organization accreditation standards that are equivalent to or exceed the minimum qualifications for external review organizations established under §
56-61-121
; and
(2)
Shall submit an application for approval in accordance with subsection (d).
(c)
The commissioner shall develop an application form for initially approving and for reapproving external review organizations to conduct external reviews.
(d)
Any external review organization wishing to be approved to conduct external reviews under this chapter shall submit the application form and include with the form all documentation and information necessary for the commissioner to determine if the external review organization satisfies the minimum qualifications established under §
56-61-121
.
(e)
Subject to subsection (b), an external review organization is eligible for approval under this section only if it is accredited by a nationally recognized private accrediting entity that the commissioner has determined has external review organization accreditation standards that are equivalent to or exceed the minimum qualifications for external review organizations under §
56-61-121
.
(f)
The commissioner may approve external review organizations that are not accredited by a nationally recognized private accrediting entity if there are no acceptable nationally recognized private accrediting entities providing external review organization accreditation.
(g)
The commissioner may charge an application fee that external review organizations shall submit to the commissioner with an application for approval and reapproval.
(h)
An approval is effective for two (2) years, unless the commissioner determines before its expiration that the external review organization is not satisfying the minimum qualifications established under §
56-61-121
. Whenever the commissioner determines that an external review organization has lost its accreditation or no longer satisfies the minimum requirements established under §
56-61-121
, the commissioner shall terminate the approval of the external review organization and remove the external review organization from the list of external review organizations approved to conduct external reviews under this chapter that is maintained by the commissioner pursuant to subsection (i).
(i)
The commissioner shall maintain and periodically update a list of approved external review organizations.
(j)
The commissioner may promulgate rules and regulations to carry out this section.
Acts 2010, ch. 980, § 21.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 61 - TENNESSEE HEALTH CARRIER GRIEVANCE AND EXTERNAL REVIEW PROCEDURE ACT (§§ 56-61-101 — 56-61-125) › Section 56-61-122 - Hold harmless for external review organizations

No external review organization or clinical reviewer working on behalf of an external review organization or an employee, agent or contractor of an external review organization shall be liable in damages to any person for any opinions rendered or acts or omissions performed within the scope of the organization's or person's duties under the law during or upon completion of an external review conducted pursuant to this chapter, unless the opinion was rendered or act or omission performed in bad faith or involved gross negligence.
Acts 2010, ch. 980, § 23.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 61 - TENNESSEE HEALTH CARRIER GRIEVANCE AND EXTERNAL REVIEW PROCEDURE ACT (§§ 56-61-101 — 56-61-125) › Section 56-61-123 - External review reporting requirements

(a)
An external review organization conducting an external review pursuant to this chapter shall maintain written records in the aggregate by state and by health carrier on all requests for external review for which it conducted an external review during a calendar year and, upon request, submit a report to the commissioner, as required under subdivision (a)(2).
(1)
Each external review organization required to maintain written records on all requests for external review for which it conducted an external review shall submit to the commissioner, upon request, a report in the format specified by the commissioner.
(2)
The report shall include in the aggregate by state, and for each health carrier:
(A)
The total number of requests for external review;
(B)
The number of requests for external review resolved and, of those resolved, the number resolved upholding the adverse determination or final adverse determination and the number resolved reversing the adverse determination or final adverse determination;
(C)
The average length of time for resolution;
(D)
A summary of the types of coverages or cases for which an external review was sought, as provided in the format required by the commissioner;
(E)
The number of external reviews pursuant to §
56-61-116
that were terminated as the result of a reversal by the health carrier of its adverse determination or final adverse determination after the receipt of additional information from the aggrieved person; and
(F)
Any other information that the commissioner may request or require.
(3)
The external review organization shall retain the written records required pursuant to this subsection (a) for at least three (3) years.
(b)
Each health carrier shall maintain written records in the aggregate, by state and for each type of health benefit plan offered by the health carrier on all requests for external review that the health carrier receives notice of from the commissioner pursuant to this chapter.
(1)
Each health carrier required to maintain written records on all requests for external review pursuant to this subsection (b) shall submit to the commissioner, upon request, a report in the format specified by the commissioner.
(2)
The report shall include in the aggregate, by state, and by type of health benefit plan:
(A)
The total number of requests for external review;
(B)
From the total number of requests for external review reported under subdivision (b)(2)(A), the number of requests determined eligible for a full external review; and
(C)
Any other information that the commissioner may request or require.
(3)
The health carrier shall retain the written records required pursuant to this subsection (b) for at least three (3) years.
Acts 2010, ch. 980, § 24.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 61 - TENNESSEE HEALTH CARRIER GRIEVANCE AND EXTERNAL REVIEW PROCEDURE ACT (§§ 56-61-101 — 56-61-125) › Section 56-61-124 - Funding of external review

The health carrier against which a request for a standard external review or an expedited external review is filed shall pay the cost of the external review organization for conducting the external review.
Acts 2010, ch. 980, § 25.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 61 - TENNESSEE HEALTH CARRIER GRIEVANCE AND EXTERNAL REVIEW PROCEDURE ACT (§§ 56-61-101 — 56-61-125) › Section 56-61-125 - Disclosure requirements

(a)
Each health carrier shall include a description of the external review procedures in or attached to the membership booklet, provider manual, and health carrier's web site. The health carrier may include a description of the external review procedures in the policy, certificate, outline of coverage, or other evidence of coverage provided to covered persons and providers.
(b)
The disclosure required by subsection (a) shall be in a format prescribed by the commissioner.
(c)
The description required under subsection (a) shall include a statement that informs the aggrieved person of the aggrieved person's right to file a request for an external review of an adverse determination or final adverse determination with the carrier. The statement shall include the telephone number and address of the commissioner.
(d)
In addition to subsection (b), the statement shall inform the covered person that, when filing a request for an external review, the covered person will be required to authorize the release of any medical records of the covered person that may be required to be reviewed for the purpose of reaching a decision on the external review.
Acts 2010, ch. 980, § 26.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-101 - "Commission" defined

Whenever the word "commission" appears in the context of this chapter, the same means and refers to the alcoholic beverage commission.
Acts 1963, ch. 257, § 11; T.C.A., § 57-819.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-103 - Terms - Vacancy - Removal - Compensation - Attendance

(a)
The three (3) members of the commission appointed by the governor must be appointed for terms concurrent with the term of the governor. In the event a vacancy occurs, the governor shall appoint a person to fill the vacancy for the unexpired term.
(b)
The commissioners serve at the pleasure of the governor and are subject to removal by the governor at any time.
(c)
Each member of the commission must receive five hundred dollars ($500) for each meeting of the commission that the member attends. The members of the commission must likewise be reimbursed for their actual and necessary expenses incurred in connection with their official duties. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d)
(1)
A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission.
(2)
The chair of the commission shall promptly notify the governor of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
Amended by 2018 Tenn. Acts, ch. 933,s 6, eff. 7/1/2018.
Acts 1963, ch. 257, § 2; 1976, ch. 806, § 1(12); T.C.A., § 57-802; Acts 1988, ch. 867, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-104 - Name and domicile - Meetings - Quorum

(a)
The official name of the commission shall be the Tennessee alcoholic beverage commission and its official domicile shall be in Nashville. All meetings of the commission shall be held in Nashville.
(b)
The commission shall elect one (1) of its own members as chair, and the commission shall meet at least one (1) time in Nashville each month, and shall hold such other meetings for any period of time as may be necessary for the commission to transact and perform its official duties and functions. The commission may hold a special meeting at any time it deems necessary and advisable in the performance of its official duties. Two (2) members of the commission shall constitute a quorum for the transaction of any business, or in the performance of any duty, power or function of the commission. A special meeting may be called by the chair, or by a majority of the commission.
Acts 1963, ch. 257, § 3; T.C.A., § 57-803.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-105 - Director - Salary - Qualifications - Duties - Assistant director

(a)
The commission is hereby authorized to appoint a director to serve at the pleasure of the commission. The director's salary shall be fixed by the commission with the approval of the appropriate state officials as now required by law. The office of the director shall be at Nashville.
(b)
The director shall be at least thirty (30) years of age, and shall have been a citizen and resident of this state for at least five (5) years prior to appointment. The director shall be licensed to practice law in this state. The director shall be designated as director, alcoholic beverage commission.
(c)
The director shall be the chief administrative officer of the commission and all personnel employed by the commission shall be under the director's direct supervision. The director shall be solely responsible to the commission for the administration and enforcement of this chapter and shall be responsible for the performance of all duties and functions delegated by the commission.
(d)
The director shall keep and be responsible for all records of the commission and shall also serve as secretary of the commission. The director shall prepare and keep the minutes of all meetings held by the commission, including a record of all business transacted and decisions rendered by the commission.
(e)
The commission is hereby authorized to appoint an assistant director who shall perform such duties and functions which may be assigned by the director or the commission. The assistant director, if licensed to practice law in this state, may also be designated by the commission to sit, act and serve as a hearing officer and when designated as a hearing officer, the assistant director shall be authorized to perform the same duties and functions as the regular hearing officer is now authorized under this chapter and title.
(f)
The director and assistant director shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1963, ch. 257, § 4; 1970, ch. 452, § 1; 1976, ch. 806, § 1(12); T.C.A., § 57-804.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-106 - Hearing officer - Service of process

(a)
The director shall act and serve as hearing officer when designated by the commission and shall perform such duties as hearing officer as now authorized under this chapter.
(b)
In any action or suit brought against the members of the commission in their official capacity in a court of competent jurisdiction, to review any decision or order issued by the commission, service of process issued against the commission may in their absence be lawfully served or accepted by the director on behalf of the commission as though the members of the commission were personally served with process.
Acts 1963, ch. 257, § 5; T.C.A., § 57-805.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-107 - Chief law enforcement officer - Appointment - Qualifications - Travel expenses

The commission is hereby authorized to appoint a chief law enforcement officer who shall serve at the pleasure of the commission. The chief law enforcement officer shall:
(1)
Be under the immediate supervision of the director;
(2)
Be at least thirty (30) years of age;
(3)
Have been a citizen and resident of this state for at least five (5) years prior to appointment;
(4)
Have had experience and training in law enforcement work and qualifications identical to that required for members of the Tennessee bureau of investigation; and
(5)
Be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1963, ch. 257, § 6; 1976, ch. 806, § 1(12); T.C.A., § 57-806.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-108 - Interests precluding appointment to or employment by commission

(a)
No person shall be eligible to be appointed as a member of the commission, and no person shall be employed in any capacity by the commission, if such person shall have any interest, financial or otherwise, either direct or indirect, in any distillery, wholesale dealer or retail dealer licensed as such in this state. No family member, including spouse, child or children, father or mother, niece or nephew by blood or marriage, son-in-law or daughter-in-law, shall be employed by any distillery, wholesale dealer or retail dealer, nor shall any family member hold or have issued to them any alcoholic beverage license in this state.
(b)
No such person shall have interest of any kind in any building, fixtures, or in the premises occupied by any person, firm or corporation licensed under this chapter.
(c)
No such person shall own any stock, nor shall have any interest of any kind, direct or indirect, pecuniary or otherwise, by a loan, mortgage, gift, seeking a loan, or guaranteeing the payment of any loan, in any distillery, wholesale dealer or retail dealer licensed under this chapter.
(d)
This section shall not apply to server permits issued under §
57-3-704
.
Amended by 2017 Tenn. Acts, ch. 147,s 1, eff. 4/17/2017.
Acts 1963, ch. 257, § 7; T.C.A., § 57-807.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-109 - Commissioners prohibited from accepting gifts or bribes - Conspiracy - Penalty

(a)
No member of the commission and no person employed by the commission shall accept any gift, favor, merchandise, donation, contribution, or any article or thing of value, from any person, firm or corporation licensed under this chapter.
(b)
No such person shall conspire with any other person to violate this section or attempt to violate this section.
(c)
Any person violating this section shall be dismissed and discharged from employment or position, and as a consequence such person shall forfeit any pay or compensation which might be due.
(d)
A violation of this section is a Class C misdemeanor.
Acts 1963, ch. 257, § 8; T.C.A., § 57-808; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-110 - Offering gifts or bribes to commissioners - Penalty

When any distillery, wholesaler or retailer licensed under this chapter, or any person employed by any such distillery, wholesaler or retailer, violates, conspires with any other person to violate, or attempts to violate §
57-1-109
, it is the mandatory duty of the commission to revoke such person's license and permit.
Acts 1963, ch. 257, § 9; T.C.A., § 57-809.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-111 - Full-time employment

The director, the chief law enforcement officer and all other law enforcement personnel shall be employed only on a full-time basis.
Acts 1963, ch. 257, § 10; T.C.A., § 57-810; Acts 2012, ch. 968, § 6.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 1 - COMMISSION CREATION, MEMBERSHIP, AND EMPLOYEES (§§ 57-1-101 — 57-1-112) › Section 57-1-112 - "Licensed retailer","retailer" or "retail licensee" to include retail food store wine licensees

As used in §§
57-1-110
,
57-3-406(b) and (g)
and
57-3-204(c)
, "licensed retailer", "retailer" or "retail licensee" shall be construed to include and apply to retail food stores which have been issued a retail food store wine license.
Added by 2014 Tenn. Acts, ch. 554, s 4, eff. 7/1/2014.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-NEW - [Newly enacted section not yet numbered]

(a)
Beginning in 2025, the commission shall submit to the members of the general assembly, by February 15 of each odd-numbered year, a biennial report to prevent underage drinking, drunk driving, and other harmful uses of alcohol.
(b)
The report must include, but is not limited to, data collected relating to:
(1)
Current statistics of violations issued by the commission;
(2)
Current levels of alcohol-related traffic crashes and boating crashes resulting in death, injury, and property loss within this state;
(3)
Current levels of alcohol-related arrests for driving or boating under the influence within this state;
(4)
Current levels of alcohol recovery and treatment admissions within this state;
(5)
Current levels of alcohol-related hospitalizations and alcohol-related emergency room visits within this state;
(6)
Current levels of alcohol-attributable deaths within this state;
(7)
Current programs conducted by state agencies to prevent underage alcohol consumption and other high-risk alcohol consumption within this state; and
(8)
Prevention recommendations for underage alcohol consumption and other high-risk alcohol consumption.
(c)
All appropriate state departments and agencies shall assist the commission with the report required by this section.
(d)
The commission shall produce the report required in this section within the existing resources of the commission.
(e)
Upon request, copies of the report must be provided to other public officials, public agencies, and the public. Electronic copies must be distributed to all members of the general assembly.
Added by 2024 Tenn. Acts, ch. 961,s 4, eff. 5/9/2024.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-202 - Transfer of provisions relating to contraband liquor

The duties, authority, powers and functions as contained and enumerated in §
57-9-115
and chapter 9, part 2 of this title are hereby transferred and vested in the commission as though the same were set out and copied verbatim herein, for the purpose of carrying out this chapter.
Acts 1963, ch. 258, §§ 2, 3; T.C.A., § 57-812.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-203 - Transfer of duties relating to price regulations

Certain duties, powers and functions authorized under chapter 6, part 2 of this title are hereby transferred and vested in the alcoholic beverage commission as though the same were set out and copied verbatim herein, for the purpose of carrying out this chapter, except those duties, powers, and functions as provided for in §
57-1-204
.
Acts 1963, ch. 259, § 2; T.C.A., § 57-813.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-204 - Department of revenue authority to collect certain taxes and make audits - Appropriation of funds to commission

(a)
The department of revenue shall continue to collect the tax as levied and imposed under §
57-6-201
, and the required monthly reports thereunder shall continue to be made to the department.
(b)
All such tax collected by the department shall be deposited in the treasury of the state to the credit of and to be used by the commission for the purpose of carrying out this chapter. Such funds are hereby appropriated to the commission for the purpose of the administration and enforcement of the duties, powers and functions of the commission.
(c)
The authority now vested in the commissioner of revenue to make the required audits, examinations of books, records and papers, and the filing of invoices, as provided for under §
57-6-202
, shall remain vested in the commissioner.
Acts 1963, ch. 259, § 3; T.C.A., § 57-814.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-205 - Alcoholic beverage tax collection

The alcoholic beverage tax levied and authorized to be collected under §§
57-3-302
and
57-3-303
shall continue to be collected by the commissioner of revenue in the same manner as now prescribed by law.
Acts 1963, ch. 257, § 33; T.C.A., § 57-815.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-207 - Delinquent tax - Penalty - Reports

(a)
The commissioner of revenue shall make a written report monthly to the alcoholic beverage commission showing the name of each licensed dealer who is delinquent in the payment or remittance of any tax owing to this state, and such report shall show the kind and amount of such delinquent tax. Each page of the written report shall be on paper measuring eight and one-half inches by eleven inches (81/2" x 11") and shall contain information on not more than one (1) licensed dealer who is delinquent in the payment or remittance of any tax owing to this state.
(b)
Each licensed dealer who is delinquent in the payment or remittance of any of the taxes imposed upon such dealer by law, and who fails, refuses or neglects to pay the tax when due, may have that dealer's license suspended by the commission in its discretion after due notice and hearing as now authorized under §
57-3-214
. If a dealer is delinquent in paying the required taxes for as many as three (3) times in a calendar year, the commission may revoke the dealer's license.
(c)
The commissioner of revenue shall on or before December 1 of each calendar year furnish to the commission a written report showing the name of each licensed dealer who is delinquent in the payment or remittance of any tax owing to this state. Each page of the written report shall be on paper measuring eight and one-half inches by eleven inches (81/2" x 11") and shall contain information on not more than one (1) licensed dealer who is delinquent in the payment or remittance of any tax owing to this state. The report shall include the kind and the amount of such delinquent tax. Any dealer delinquent in taxes shall not have that dealer's license renewed by the commission for the next calendar year until all of the delinquent taxes have been paid, and so certified to the commission by the commissioner of revenue.
Acts 1963, ch. 257, § 33; T.C.A., § 57-817; Acts 1993, ch. 144, § 1; 1999, ch. 403, §§ 3, 4.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-208 - [Repealed]

Repealed by 2017 Tenn. Acts, ch. 372, s 1, eff. 1/1/2018.
Acts 1979, ch. 394, § 1; T.C.A., § 57-820; Acts 1984, ch. 915, § 2.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-209 - Rules and regulations - Annual report

(a)
The commission is hereby authorized to adopt and promulgate the present rules and regulations which are in existence pertaining to alcoholic beverages, and the commission may in its discretion alter, amend or repeal any of such parts of such rules and regulations as it deems necessary. The commission may promulgate rules governing the conduct of educational seminars conducted by businesses licensed pursuant to §
57-3-204
, and such regulation may include the transportation and serving for sampling purposes only alcoholic beverages, notwithstanding §§
57-3-402
and
57-3-404(h)
.
(b)
The executive director of the commission shall file an annual report with the state and local government committee of the senate and the state government committee of the house of representatives no later than March 1 detailing with specificity each rule promulgated during the previous year together with the rationale for promulgating the rule.
Amended by 2013 Tenn. Acts, ch. 236,s 68, eff. 4/19/2013.
Acts 1963, ch. 257, § 14; T.C.A., § 57-818; Acts 1998, ch. 765, § 1; 2012, ch. 947, § 6.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-210 - Commission - Authority to investigate and/or arrest

In addition to the other duties imposed under this chapter, the commission is authorized to investigate and/or to arrest, without warrant or process of any kind, any person whom the arresting officer has probable cause to believe is committing or attempting to commit a felony in violation of title 39, chapter 17, part 4, if the felony is committed on premises licensed by the commission, on any premises under investigation by the commission in conjunction with its other duties and responsibilities, and/or any other premises selling alcoholic beverages as defined in §
57-3-101
, whether licensed or unlicensed.
Acts 1991, ch. 166, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-211 - Warning signs at retail establishments

(a)
Each licensee which sells alcoholic beverages at retail not for consumption on the premises and each licensee which sells alcoholic beverages for consumption on the premises shall post, in a prominent place easily seen by its customers, a warning sign supplied by the alcoholic beverage commission, which meets the requirements of subsections (b) and (c). The signs shall contain a warning that drinking alcoholic beverages during pregnancy can cause birth defects, including fetal alcohol syndrome and fetal alcohol effects.
(b)
The alcoholic beverage commission shall prepare the signs required by this section and make them available at no cost to those licensees described in subsection (a) by August 30, 1997, and when a new license is issued to a person for the sale of alcoholic beverages at retail or for consumption on the premises. The bureau of alcohol and drug abuse services shall assist the alcoholic beverage commission in preparing such signs upon request of the commission.
(c)
The signs required by this section shall be composed of black, capital letters printed on white laminated paper at a minimum weight of one hundred ten pound (110 lb.) index. The letters comprising the word "WARNING" shall be highlighted black lettering and such word shall be larger than all other lettering on the sign. The size of the sign shall be approximately thirteen inches (13") by nine and one-half inches (9 1/2").
(d)
If the alcoholic beverage commission finds that a licensee has failed to post the sign required by this section, the alcoholic beverage commission shall notify the licensee in writing of the violation. A licensee who fails to post such sign within twenty-four (24) hours of receiving such written notification shall be subject to a civil penalty not to exceed twenty-five dollars ($25.00) for each day the licensee is in violation.
Acts 1997 , ch. 492, § 1; 1998, ch. 765, § 4.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-212 - Retired agents' service weapons after twenty-five (25)

Any agent of the alcoholic beverage commission who retires after twenty-five (25) years of honorable service shall be issued by the commission a retired commission card, which shall identify the agent, the agent's department and rank, and the fact that the agent is retired. Cards issued under this provision shall bear the inscription, in print of equal or larger size than the rest of the printing on the card, the words "Not a handgun permit." After twenty-five (25) years of honorable service as an agent of the commission, the commission shall authorize the agent, upon retirement, to retain the agent's service weapon, in recognition of the agent's many years of good and faithful public service.
T.C.A., §
38-6-105(b)
.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 1 - ALCOHOLIC BEVERAGE COMMISSION (§§ 57-1-101 — 57-1-214) › Part 2 - POWERS AND DUTIES OF COMMISSION (§§ 57-1-NEW — 57-1-214) › Section 57-1-213 - Assessment of costs of hearing held in accordance with contested case provisions

(a)
Notwithstanding any other law to the contrary, the alcoholic beverage commission may assess the actual and reasonable costs of any hearing held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized by the commission. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges and any other persons involved in the investigation, prosecution and hearing of the action.
(b)
The commission shall promulgate rules and regulations establishing a schedule of costs that may be assessed pursuant to this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
(1)
All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served.
(2)
If the individual or entity disciplined fails to pay an assessment when it becomes final, the commission may apply to the appropriate court for a judgment and seek execution of the judgment.
(3)
Jurisdiction for recovery of the costs shall be in the chancery court of Davidson County.
Acts 2012, ch. 1063, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-101 - "Intoxicating liquors" and "intoxicating drinks" defined - Fuel alcohol exception

(a)
"Intoxicating liquors" or "intoxicating drinks," as defined in this chapter, means and includes alcohol, spirits, liquors, wines and every liquid or solid, patented or not, containing alcohol, spirits, liquor or wine, and capable of being consumed by human beings; but nothing in this chapter shall be construed or defined as including or relating to the manufacture of beer as defined in §
57-5-101(b)
.
(b)
This title shall not apply to fuel alcohol as it is defined in §
67-3-1203
, and this title shall not apply to ethanol that is produced in a facility whose production process is primarily a wet milling process, sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit:
(1)
For export to another country;
(2)
To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or
(3)
To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume.
(c)
This title shall not apply to the production of products that have received approval from the alcohol and tobacco tax and trade bureau (TTB) as a non-beverage product.
Amended by 2017 Tenn. Acts, ch. 338, s 5, eff. 5/9/2017.
Amended by 2014 Tenn. Acts, ch. 861, s 3, eff. 5/1/2014.
Acts 1937, ch. 193, § 2; C. Supp. 1950, § 6648.2; T.C.A. (orig. ed.), § 57-103; Acts 1980, ch. 786, §3; 1997 , ch. 155, §1; 2012 , ch. 968, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-102 - [Repealed]

Repealed by 2019 Tenn. Acts, ch. 301, s 1, eff. 5/8/2019.
Acts 1937, ch. 193, § 1; C. Supp. 1950, § 6648.1; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-102.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-104 - Possession, storage or transportation by manufacturer lawful - Rights limited

A manufacturer licensed pursuant to §
57-3-202
, or the authorized agent of such licensee, may possess, store, or transport the products of the manufacturing plant within, over, and across the state; provided, that any alcoholic beverages or wine produced at a plant located within this state must be stored within a county that has authorized the manufacture of intoxicating liquors pursuant to §
57-2-103
or in a county adjacent to a county that has authorized the manufacturing operation, and such possession shall be limited to storage facilities owned, authorized, or leased by such manufacturer; and further provided, that such licensee may also possess such alcoholic beverages or wine while being transported, whether within or outside of the state. Common carriers may transport the products of such manufacturing plant only pursuant to an agreement or contract with a licensee under this title.
Amended by 2021 Tenn. Acts, ch. 329, s 1, eff. 5/4/2021.
Amended by 2018 Tenn. Acts, ch. 717, s 1, eff. 4/12/2018.
Amended by 2013 Tenn. Acts, ch. 341, s 2, eff. 7/1/2013.
Acts 1937, ch. 193, § 3; C. Supp. 1950, § 6648.3; T.C.A. (orig. ed.), §57-104; Acts 2011 , ch. 448, § 4.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-105 - Restrictions on sale within state

(a)
Except as otherwise provided by law, nothing in this chapter shall be construed as licensing or legalizing the sale of intoxicating liquors and/or other intoxicating drinks within the state by any distillery or manufacturing plant authorized under this chapter.
(b)
Nothing in this chapter shall be construed so as to repeal, or in any manner abridge or affect the present laws of this state concerning the sale of intoxicating liquors of every kind.
Acts 1937, ch. 193, § 1; C. Supp. 1950, § 6648.1; modified; T.C.A. (orig. ed.), §57-105; Acts 2011 , ch. 448, § 5.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-106 - Restrictions on labeling of intoxicating liquors as Tennessee whiskeys

(a)
An intoxicating liquor may not be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" unless the intoxicating liquor is:
(1)
Manufactured in Tennessee;
(2)
Made of a grain mixture that is at least fifty-one percent (51%) corn;
(3)
Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume;
(4)
Aged in new, charred oak barrels in Tennessee;
(5)
Filtered through maple charcoal prior to aging;
(6)
Placed in the barrel at no more than one hundred twenty-five (125) proof or sixty-two and one-half percent (62.5%) alcohol by volume; and
(7)
Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume.
(b)
Any manufacturer who violates this section shall be subject to suspension or revocation of its license for a period of not less than one (1) year.
(c)
Subdivision (a)(5) shall not apply to intoxicating liquor manufactured at a distillery located in a county that authorized the manufacturing process by referendum after January 1, 1979, and prior to January 1, 1980; provided, however, that any such distillery was first licensed by the state alcoholic beverage commission after January 1, 2000, and before January 1, 2001.
(d)
(1)
Any Tennessee corporation, limited liability company or proprietorship that holds a federal distiller basic permit pursuant to
27 U.S.C. § 204
and had a licensed manufacturing operation in this state as of January 1, 2013, may label, market and sell any product owned or contracted to purchase by such permit holder on or after July 1, 2013, for a period of thirty-six (36) months; provided, however, that any product manufactured at such distillery after July 1, 2013, shall meet all the requirements of subsection (a) to be advertised, described, labeled, named, sold or referred to for marketing or sales purposes as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky".
(2)
This subsection (d) shall apply to any product that is referred to as "Tennessee Whiskey," "Tennessee Whisky," "Tennessee Sour Mash Whiskey," or "Tennessee Sour Mash Whisky" under 27 CFR part 5 on July 1, 2013.
Added by 2013 Tenn. Acts, ch. 341,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-107 - Hours of sale for licensed manufacturer to sell at retail

The hours of sale for a manufacturer licensed to sell products at retail under §
57-3-204(e)
shall be the same as for a manufacturer licensed to sell products at retail under §
57-3-202
.
Added by 2013 Tenn. Acts, ch. 341,s 3, eff. 7/1/2013.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-108 - Use of name "Tennessee Moonshine"

(a)
Beginning July 1, 2016, an intoxicating liquor may not be advertised, described, labeled, named, sold, or referred to for marketing or sales purposes as "Tennessee Moonshine" unless the intoxicating liquor is distilled in Tennessee.
(b)
Any manufacturer who violates this section shall be subject to suspension or revocation of its license for a period of not less than one (1) year.
Added by 2015 Tenn. Acts, ch. 428,s 6, eff. 5/15/2015.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 2 - LOCAL OPTION-MANUFACTURE ONLY (§§ 57-2-101 — 57-2-109) › Section 57-2-109 - Adoption of ordinance to prohibit construction or operation of licensed manufacturer under section 57-3-202 - Applicability

Any city with a population of no less than five thousand eight hundred seventy (5,870) and no greater than five thousand eight hundred seventy-nine (5,879), according to the 2010 federal census or any subsequent federal census may adopt an ordinance to prohibit the construction or operation of any licensed manufacturer in §
57-3-202
within one thousand feet (1,000') of the state right-of-way of U.S. Highway 441 within the corporate limits of such city. This section shall not affect any licensed manufacturer in operation and open to the public before or on March 24, 2016.
Added by 2016 Tenn. Acts, ch. 695, s 1, eff. 3/24/2016.