2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-101 - Destruction of liquor and paraphernalia

(a)
It is the duty of all sheriffs and deputy sheriffs of the different counties of the state and the police officers of each incorporated city and town to search for, seize and capture all illicit distilleries, stills and worms, distilling and fermenting equipment and apparatus and other paraphernalia connected therewith, or used or to be used in the illicit manufacture of intoxicating liquors; raw materials and substances connected with or to be used in the illicit manufacture of intoxicating liquors; and containers connected with or used in the packaging of illicitly manufactured intoxicating liquors.
(b)
It is the duty of such officer or officers to destroy any and all whiskey, beer, or other intoxicants found at or near such distilleries or stills except with respect to intoxicating liquors upon which federal tax has been paid as provided in §
57-9-115
.
(c)
It is the duty of such officer or officers capturing such distilleries, stills, distilling and fermenting equipment and apparatus and other paraphernalia, to summarily destroy and render useless such property. Any intoxicants or other articles of personal property destroyed under authority of this section shall be destroyed in the presence of at least two (2) credible witnesses. Within five (5) days after such destruction, the officer destroying such intoxicants or other articles shall file a written statement, listing all items destroyed, signed by the officer destroying and the witness or witnesses thereto, with the circuit or criminal court clerk of the county where seized and, in addition, shall file a copy thereof with the alcoholic beverage commission.
(d)
The reference to sheriffs and deputy sheriffs in this section shall also include constables in counties of this state having a population of:
not less than
nor more than
3,700
4,700
6,000
7,800
8,400
8,500
8,535
8,540
9,200
9,570
10,770
10,780
11,512
11,550
11,700
11,900
12,000
13,000
14,500
14,600
15,300
15,500
15,750
16,000
17,000
17,350
18,000
18,200
18,300
18,900
19,000
19,100
21,000
21,500
21,600
22,300
23,200
23,350
23,355
23,391
23,391
23,450
23,500
23,750
24,000
24,255
25,600
27,500
27,900
28,000
28,555
28,600
29,250
31,250
31,260
33,000
33,700
34,000
35,480
41,800
41,900
50,000
57,550
59,400
59,500
60,050
60,600
62,000
64,000
65,000
101,000
118,400
118,700
200,000
according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County.
Acts 1919, ch. 20, § 1; Shan. Supp., § 6798a19b18; Code 1932, § 11239; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 584, § 1; 1972, ch. 672, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 5; T.C.A. (orig. ed.), § 57-601; Acts 1982, ch. 881, § 1; 1991, ch. 9, § 8; 1992, ch. 973, § 6; Private Acts 1994, ch. 191, § 4; Acts 1996, ch. 553, § 5; 1996, ch. 753, § 5.