Title 57, Intoxicating Liquors

If any such person shall at any time make default in the payment of the state privilege taxes levied under provisions hereof, the commissioner shall send by registered mail, with return receipt requested, written notice and demand for payment of such delinquent tax, showing the a…

(1) The state privilege tax collected under §§ 57-5-201 — 57-5-204 shall be paid into the state treasury and shall be divided as follows:(1) From the proceeds of the amount so collected, ten and five hundredths percent (10.05%) shall be paid to the several counties equally to be …

(a) Every person, firm, corporation, joint-stock company, syndicate or association in this state engaged in the storage, sale, distribution by sale or gift and/or manufacture in this state of such beer and/or other beverage shall keep invoices and all other memoranda fully descri…

(a) The failure of any person, firm, corporation, joint-stock company, syndicate or association required to pay the state privilege taxes levied hereby, to preserve the invoices or memoranda required by § 57-5-206, or to permit the inspection and examination of such containers, p…

(a) The state tax on beer and ale shall not be applicable to beer and ale sold for consumption within the geographical boundaries of a fort, base, camp or post of the armed forces of the United States, post exchanges, ship service stores, commissaries and messes operated by the U…

(a) (1) A permit holder engaging in the business regulated hereunder or any employee thereof shall not make or permit to be made any sales to minors or persons visibly intoxicated. Prior to making a sale of beer for off-premise consumption, the adult consumer must present to the …

(a) Any violation of this chapter or rule or regulation of the commissioner of revenue or the violations of any rule or regulation of a county legislative body, metropolitan council or city legislative body relative to the conducting of the beer or like beverage business as defin…

(a) No outdoor sign, advertisement or display that advertises beer may be erected or maintained on the property on which a retail beer establishment is located other than one (1) sign, advertisement or display which makes reference to the fact that the establishment sells beer bu…

(a) Any person engaged in transporting any beer and/or other such beverages from any point outside of this state to any point within this state shall possess during the entire time engaged in transporting such beverages in this state an invoice, bill of sale, or bill of lading, s…

(a) It is unlawful for any person to present or tender for transportation to any carrier, or to any officer, agent, employee, or other person acting or assuming to act for such carrier, any beer and/or other such beverages for delivery to any person other than the consignee desig…

(a) It is unlawful for any person to transport from any point within this state to another point within this state any beer and/or other such beverages on which the tax imposed in § 57-5-201 has not been paid, except for immediate delivery to a licensed brewery, wholesaler or dis…

(a) In order to assure that the tax provided herein has been paid, every person who shall possess or transport any such beverages within this state in excess of five gallons (5 gals.) (other than a common carrier or a licensed brewery, wholesaler or distributor engaged in making …

(a) No person shall purchase or agree to purchase any beer and/or other such beverages from any person within this state who does not at the time of such purchase hold a license authorizing the seller to sell or agree to sell such beverages to such purchaser. It shall be a matter…

This part shall not be construed as being applicable to interstate shipments through this state where such shipments are accompanied and supported by proper invoices or bills of lading containing such information as the commissioner may require.

(a) It is unlawful for any person to transport into this state upon any public roadway or by any means whatever within this state any beer and/or other such beverages from any other state, nation or other territory unless the person accompanying and in charge of such shipment sha…

(a) Any beer as defined in § 57-5-101(b) sold or offered for sale by, or in possession of, a retailer purchased from any person, firm or corporation, except a Tennessee wholesaler or distributor licensed in this state, is declared to be contraband and shall be subject to confisca…

(a) Upon confiscation, or as soon thereafter as practicable, written notice shall be given by the department of revenue to the person from whom the confiscation was made and to all others with a legal interest in the property confiscated who are either made known to the departmen…

(a) In the event the ruling of the commissioner is favorable to the claimant, the commissioner shall deliver to the claimant the property so seized. If the ruling is adverse to the claimant, or if a hearing is not applied for in writing within the ten (10) days following notice, …

(a) Costs incurred in each hearing, including witness fees, mileage expenses and all fees of sheriffs for serving any notices or subpoenas, shall be taxed as costs by the commissioner or the commissioner's authorized representative. All costs and fees for witnesses and/or sheriff…

Any action of the commissioner shall be reviewable by a petition for a common-law writ of certiorari in the chancery or circuit court of the county in which the offense occurred, which petition shall be filed within ten (10) days from the date of such action. Immediately upon the…

Every distributor or dealer in beer or other such beverages shall permit the commissioner, or the commissioner's authorized agent or representative, to inspect at any time all products, invoices, books, papers and memoranda as may be deemed necessary by the commissioner in ascert…

(a) Any duly authorized representative, agent or employee of the department of revenue who has been designated by the commissioner to enforce this chapter is authorized and empowered to execute search warrants and do all acts incident thereto, in the same manner as search warrant…

In order to facilitate the effective collection and enforcement by municipal and county officials of the tax levied by § 57-6-103 on all sales of beer by wholesalers to retailers or any other persons, it shall be unlawful for any retailer to store beer purchased for a specific re…

(1) The legislative intent and purpose of this part is to provide a structure for the business relations between suppliers and wholesalers of beer which:(1) Motivates suppliers and wholesalers to devote reasonable efforts and resources to the sale, distribution and quality contro…

(1) As used in this part, unless the context otherwise requires:(1) “Agreement” means any agreement between a wholesaler and a supplier, oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer with an alcoholic content of five per…

(1) The following are prohibited under this part:(1) A wholesaler shall not:(A) Transfer the wholesaler's business without giving the supplier written notice of the proposed transfer of the business as required by this part; or(B) Transfer the wholesaler's business without receiv…

(a) A wholesaler shall give the supplier written notice of the wholesaler's proposed transfer of the wholesaler's business not less than thirty (30) days prior to the completion of the transfer, except in cases of transfer by inheritance, in which case the transferee shall give t…

(a) A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler immediately upon written notice given by the supplier as provided in § 57-5-508 only if any of the following occurs:(1) Revocation of a governmental permit held by the…

(1) A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler not less than thirty (30) days after written notice is given by the supplier as provided in § 57-5-508 if any of the following events occur:(1) The supplier discontinu…

(1) Except as provided in §§ 57-5-505 and 57-5-506, a supplier may not amend, modify, terminate, cancel, discontinue or refuse to renew an agreement with a wholesaler, or cause a wholesaler to resign from an agreement, unless the supplier has complied with the following requireme…

(1) Notice by a supplier of any amendment, modification, termination, cancellation, discontinuance or refusal to renew an agreement with the wholesaler shall be written, shall be made by certified mail, and shall contain all of the following:(1) A statement of intention to amend,…

Any dispute arising under this part may be settled by arbitration if every party involved in the dispute agrees to arbitrate. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the laws of this state, and…

(a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred…

A wholesaler may not waive any of the rights granted in any provision of this part and the provisions of any agreement which would have such an effect shall be null and void; however, if a good faith dispute arises between the parties as to the meaning of any rights or obligation…

(a) This part applies to agreements in existence on March 1, 1990, as well as agreements entered into or renewed after that date. (b) A transferee of a wholesaler's business that continues to operate the business shall have the benefit of and be bound by all terms and conditions …

This part shall be known and may be cited as the “Tennessee Responsible Vendor Act of 2006.”

(1) It is the intent of the legislature through this part:(1) To eliminate the sale of beer for off-the-premises consumption to, and consumption of beer by, underage persons;(2) To reduce intoxication and to reduce accidents, injuries, and deaths in the state that are related to …

(1) As used in this part, unless the context otherwise requires:(1) “Beer” has the same meaning as defined in § 57-5-101(b);(2) “Beer board” means any entity issuing beer permits for off-premise consumption, pursuant to part 1 of this chapter;(3) “Certified clerk” means a clerk w…

The commission shall have the authority to approve all responsible vendor training programs. The commission shall establish requirements and guidelines for responsible vendor training programs and vendor and clerk certifications. The commission shall establish and keep a master l…

(a) A vendor who seeks certification as a responsible vendor shall provide to the commission, pursuant to procedures adopted by the commission, evidence of compliance with the requirements of this part. Upon satisfactory proof that the vendor has complied with the requirements, t…

(1) In order to qualify for responsible vendor status, the vendor shall comply with the following requirements:(1) (A) Require each and every clerk to successfully complete a responsible vendor training program within sixty-one (61) days of commencing employment, whether the empl…

If a beer board determines that a sale to a minor occurred by an off-premise beer permit holder, then the certification of the clerk making the sale shall be invalid and the clerk may not reapply for a new certificate for a period of one (1) year from the date of the beer board's…

(a) A permit under this part may not be suspended or revoked by a beer board based on a clerk's illegal sale of beer to a minor person who is not of lawful drinking age, if the clerk is properly certified and has attended annual meetings since the original certification, or is wi…

(a) Each entity submitting and receiving approval for a responsible vendor training program shall pay an annual nonrefundable fee of thirty-five dollars ($35.00). In addition, each responsible vendor shall pay an annual fee that is based on the number of certified clerks existing…

This part shall be known as the “Wholesale Beer Tax Act.”

(1) For the purposes of this part:(1) “Beer” means the beverage defined in § 57-5-101(b);(2) “County” means that portion of a county outside the corporate limits of municipalities therein;(3) “Department” means the department of revenue;(4) “Gross tax” means the amount of tax col…