flag of tennessee2024 Tennessee Code Unannotated

Title 57 Intoxicating Liquors

Chapter 1 Alcoholic Beverage Commission
Part 1 Commission Creation, Membership, and Employees
§ 57-1-101. “Commission” defined.
  1. Whenever the word “commission” appears in the context of this chapter, the same means and refers to the alcoholic beverage commission.
History (2)
  • Acts 1963, ch. 257, § 11
  • T.C.A., § 57-819.
§ 57-1-102. Alcoholic beverage commission created — Appointment.
  1. (a) There is hereby created and established the alcoholic beverage commission, which shall consist of three (3) members, to be appointed by the governor. One (1) member of the commission shall be appointed and reside in each grand division of the state. The members comprising the commission shall not be less than thirty (30) years of age, and shall have been residents and citizens of this state for at least five (5) years preceding their appointment. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
  2. (b)
    1. (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the commission:
      1. (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6, who is subsequently appointed or otherwise named as a member of the commission shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the commission, prior to serving as a member of the commission. This subdivision (b)(1)(A) shall apply to all persons appointed or otherwise named to the commission after July 1, 2010;
      2. (B) No person who is a member of the commission shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6, for any entity whose business endeavors or professional activities are regulated by the commission during such person's period of service as a member of the commission. This subdivision (b)(1)(B) applies to all persons appointed or otherwise named to the commission after July 1, 2010, and to all persons serving on the commission on such date who are not registered as lobbyists; and
      3. (C) No person who serves as a member of the commission shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the commission for one (1) year following the date such person's service on the commission ends. This subdivision (b)(1)(C) applies to members serving on the commission as of July 1, 2010, and to all members appointed to the commission subsequent to such date.
    2. (2) A person who violates this subsection (b) shall be subject to the penalties prescribed in title 3, chapter 6.
    3. (3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103.
Backlinks (1)
History (5)
  • Acts 1963, ch. 257, § 1
  • T.C.A., § 57-801
  • Acts 1987, ch. 70, § 1
  • 1988, ch. 1013, § 25
  • 2010, ch. 1118, § 3.
§ 57-1-103. Terms — Vacancy — Removal — Compensation — Attendance.
  1. (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.
  2. (b) The commissioners serve at the pleasure of the governor and are subject to removal by the governor at any time.
  3. (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.
  4. (d)
    1. (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. (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).
History (5)
  • Acts 1963, ch. 257, § 2
  • 1976, ch. 806, § 1(12)
  • T.C.A., § 57-802
  • Acts 1988, ch. 867, § 1
  • 2018, ch. 933, § 6.
§ 57-1-104. Name and domicile — Meetings — Quorum.
  1. (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.
  2. (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.
History (2)
  • Acts 1963, ch. 257, § 3
  • T.C.A., § 57-803.
§ 57-1-105. Director — Salary — Qualifications — Duties — Assistant director.
  1. (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.
  2. (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.
  3. (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.
  4. (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.
  5. (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.
  6. (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.
History (4)
  • Acts 1963, ch. 257, § 4
  • 1970, ch. 452, § 1
  • 1976, ch. 806, § 1(12)
  • T.C.A., § 57-804.
§ 57-1-106. Hearing officer — Service of process.
  1. (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.
  2. (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.
History (2)
  • Acts 1963, ch. 257, § 5
  • T.C.A., § 57-805.
§ 57-1-107. Chief law enforcement officer — Appointment — Qualifications — Travel expenses.
  1. 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. (1) Be under the immediate supervision of the director;
    2. (2) Be at least thirty (30) years of age;
    3. (3) Have been a citizen and resident of this state for at least five (5) years prior to appointment;
    4. (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. (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.
History (3)
  • Acts 1963, ch. 257, § 6
  • 1976, ch. 806, § 1(12)
  • T.C.A., § 57-806.
§ 57-1-108. Interests precluding appointment to or employment by commission.
  1. (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.
  2. (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.
  3. (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.
  4. (d) This section shall not apply to server permits issued under § 57-3-704.
History (3)
  • Acts 1963, ch. 257, § 7
  • T.C.A., § 57-807
  • Acts 2017, ch. 147, § 1.
§ 57-1-109. Commissioners prohibited from accepting gifts or bribes — Conspiracy — Penalty.
  1. (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.
  2. (b) No such person shall conspire with any other person to violate this section or attempt to violate this section.
  3. (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.
  4. (d) A violation of this section is a Class C misdemeanor.
Backlinks (1)
History (3)
  • Acts 1963, ch. 257, § 8
  • T.C.A., § 57-808
  • Acts 1989, ch. 591, § 113.
§ 57-1-110. Offering gifts or bribes to commissioners — Penalty.
  1. 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.
Backlinks (1)
History (2)
  • Acts 1963, ch. 257, § 9
  • T.C.A., § 57-809.
§ 57-1-111. Full-time employment.
  1. The director, the chief law enforcement officer and all other law enforcement personnel shall be employed only on a full-time basis.
History (3)
  • Acts 1963, ch. 257, § 10
  • T.C.A., § 57-810
  • Acts 2012, ch. 968, § 6.
§ 57-1-112. “Licensed retailer”, “retailer” or “retail licensee” to include retail food store wine licensees.
  1. 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.
History (1)
  • Acts 2014, ch. 554, § 4.
Part 2 Powers and Duties of Commission
§ 57-1-201. Transfer of provisions relating to intoxicating beverages — Authority to impose fine instead of license suspension or revocation.
  1. (a) The entire provisions, definitions and terms of chapter 3, parts 1, 2 and 4 of this title, § 57-3-304 and the authority contained therein are hereby transferred and shall be vested under the jurisdiction of the alcoholic beverage commission as though all of such sections were set out and copied verbatim herein for the purpose of the commission to carry out this chapter.
  2. (b)
    1. (1)
      1. (A) In any case where the commission is given the power to suspend or revoke any license or permit, it may impose a fine. Fines imposed shall:
        1. (i) Not exceed five hundred dollars ($500) for servers permitted under § 57-4-203(h) and the Alcohol Server Responsibility and Training Act of 1995, compiled in chapter 3, part 7 of this title;
        2. (ii) Not exceed one thousand five hundred dollars ($1,500) for retailers licensed under § 57-3-204; provided, that the commission may impose a fine in excess of one thousand five hundred dollars ($1,500) in accordance with § 57-3-406(d)(3);
        3. (iii) Not exceed one thousand five hundred dollars ($1,500) for permittees authorized to sell alcoholic beverages for consumption on the premises under § 57-4-201; provided, that the commission may impose a fine in excess of one thousand five hundred dollars ($1,500) in accordance with § 57-4-203(b)(1)(C);
        4. (iv) Not exceed two thousand dollars ($2,000) for wholesalers licensed under § 57-3-203; and
        5. (v) Not exceed ten thousand dollars ($10,000) for manufacturers licensed under chapter 2 of this title or § 57-3-202.
        Backlinks (1)
      2. (B) For the purpose of imposing fines hereunder, each violation may be treated as a separate offense.
      3. (C) Notwithstanding subdivision (b)(1)(A), no administrative action, including the imposition of a fine, may be brought against a wholesaler for a violation of § 57-3-301(d) unless, prior to bringing the action, the commissioner of revenue has provided written notice to the wholesaler advising the wholesaler that the tax for a brand of liquor has not been paid by a supplier.
    2. (2) The commission shall deposit collections of any such fine with the state treasurer, for the general funds of the state.
    3. (3) The commission shall promulgate by rule pursuant to the Administrative Procedures Act, compiled in title 4, chapter 5, a schedule setting forth a range of fines for each violation.
  3. (c) Any document a person receives informing the person of having a fine imposed upon such person shall cite each particular rule or statute the person is being charged with violating.
  4. (d) In any case where the commission is authorized to suspend or revoke a license or permit, it may enter into an agreement by order with the licensee or permittee where the licensee or permittee voluntarily surrenders the license or permit. Such surrender shall be deemed a revocation of the license or permit.
History (10)
  • Acts 1963, ch. 257, §§ 11-32, 34-49
  • T.C.A., § 57-811
  • Acts 1981, ch. 474, § 1
  • 1985, ch. 76, § 2
  • 2001, ch. 79, §§ 1-3
  • 2008, ch. 773, § 1
  • 2012, ch. 947, § 7
  • 2016, ch. 898, §§ 1, 4
  • 2016, ch. 908, § 1
  • 2017, ch. 147, § 14.
§ 57-1-202. Transfer of provisions relating to contraband liquor.
  1. 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.
History (2)
  • Acts 1963, ch. 258, §§ 2, 3
  • T.C.A., § 57-812.
§ 57-1-203. Transfer of duties relating to price regulations.
  1. 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.
History (2)
  • Acts 1963, ch. 259, § 2
  • T.C.A., § 57-813.
§ 57-1-204. Department of revenue authority to collect certain taxes and make audits — Appropriation of funds to commission.
  1. (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.
  2. (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.
  3. (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.
Backlinks (1)
History (2)
  • Acts 1963, ch. 259, § 3
  • T.C.A., § 57-814.
§ 57-1-205. Alcoholic beverage tax collection.
  1. 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.
History (2)
  • Acts 1963, ch. 257, § 33
  • T.C.A., § 57-815.
§ 57-1-206. Biennial report to prevent underage drinking, drunk driving, and other harmful uses of alcohol — Report requirements.
  1. (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.
  2. (b) The report must include, but is not limited to, data collected relating to:
    1. (1) Current statistics of violations issued by the commission;
    2. (2) Current levels of alcohol-related traffic crashes and boating crashes resulting in death, injury, and property loss within this state;
    3. (3) Current levels of alcohol-related arrests for driving or boating under the influence within this state;
    4. (4) Current levels of alcohol recovery and treatment admissions within this state;
    5. (5) Current levels of alcohol-related hospitalizations and alcohol-related emergency room visits within this state;
    6. (6) Current levels of alcohol-attributable deaths within this state;
    7. (7) Current programs conducted by state agencies to prevent underage alcohol consumption and other high-risk alcohol consumption within this state; and
    8. (8) Prevention recommendations for underage alcohol consumption and other high-risk alcohol consumption.
  3. (c) All appropriate state departments and agencies shall assist the commission with the report required by this section.
  4. (d) The commission shall produce the report required in this section within the existing resources of the commission.
  5. (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.
History (1)
  • Acts 2024, ch. 961, § 4.
§ 57-1-207. Delinquent tax — Penalty — Reports.
  1. (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 (8½″ 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.
  2. (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.
  3. (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 (8½″ 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.
History (4)
  • Acts 1963, ch. 257, § 33
  • T.C.A., § 57-817
  • Acts 1993, ch. 144, § 1
  • 1999, ch. 403, §§ 3, 4.
§ 57-1-209. Rules and regulations — Annual report.
  1. (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).
  2. (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.
History (5)
  • Acts 1963, ch. 257, § 14
  • T.C.A., § 57-818
  • Acts 1998, ch. 765, § 1
  • 2012, ch. 947, § 6
  • 2013, ch. 236, § 68.
§ 57-1-210. Commission — Authority to investigate and/or arrest.
  1. 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.
History (1)
  • Acts 1991, ch. 166, § 1.
§ 57-1-211. Warning signs at retail establishments.
  1. (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.
  2. (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.
  3. (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 (9½″).
  4. (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.
History (2)
  • Acts 1997, ch. 492, § 1
  • 1998, ch. 765, § 4.
§ 57-1-212. Retired agents' service weapons after twenty-five years of service.
  1. 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.
History (2)
  • Acts 1995, ch. 273, § 1
  • T.C.A. § 38-6-105(b).
§ 57-1-213. Assessment of costs of hearing held in accordance with contested case provisions.
  1. (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.
  2. (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.
  3. (c)
    1. (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. (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. (3) Jurisdiction for recovery of the costs shall be in the chancery court of Davidson County.
History (1)
  • Acts 2012, ch. 1063, § 1.
§ 57-1-214. Suspension or revocation of license to sell alcoholic beverages and beer or malt beverages.
  1. (a)
    1. (1) In any county other than those included in §§ [former] 57-4-202(d) [repealed] and [former] 57-5-108(p) [repealed], if the alcoholic beverage commission suspends or revokes a license to sell alcoholic beverages on the premises at any establishment for any violation or violations as provided in chapter 4 of this title, then the commission shall notify the local beer board responsible for controlling the sale of beer or malt beverages within such county by certified mail, return receipt requested, of the action taken by the commission. Such notice shall include the record of evidence and the determination made by the commission in suspending or revoking the license of the establishment.
    2. (2) Upon receipt of such notice, the local beer board may temporarily suspend the beer permit of the establishment and shall:
      1. (A) Schedule a hearing for the next regularly scheduled meeting of the local beer board to be held at least fourteen (14) days following the date the local beer board receives the certified letter to provide an opportunity for the permit holder to appear and show cause why the permit to sell beer on the premises should not be suspended or revoked for a violation or violations as provided in chapter 4 of this title, based on actions taken by the commission; and
      2. (B) Notify the individual or business entity, which is listed as the permit holder at the same location where the alcoholic beverage license had been suspended or revoked, of the date and time of the hearing.
    3. (3) If the local beer board finds at a hearing that a sufficient violation or violations have occurred as provided in chapter 4 of this title, at such location, then the local beer board may suspend or revoke the permit to the same extent and at least for the same period of time as the commission has suspended or revoked the license of the establishment.
    4. (4) If the permit holder fails to appear or decides to surrender the permit to the local beer board in lieu of appearing at the hearing, the permit may be suspended or revoked by the local beer board; provided, that if the permit is suspended or revoked, no permit to sell beer or malt beverages on the premises shall be issued by the local beer board to any person for the location where the commission had suspended or revoked the license for the period of time included in the decision of the commission.
    5. (5) The decision of the local beer board is final, and any party aggrieved thereby may appeal the decision of the local beer board in accordance with § 57-5-108.
  2. (b)
    1. (1) In any county other than those included in §§ [former] 57-4-202(d) [repealed] and [former] 57-5-108(p) [repealed], if a local beer board responsible for controlling the sale of beer or malt beverages finds a violation or violations, as provided in chapter 4 of this title, in the sale of beer or malt beverages consumed on-premises of an establishment located within the local beer board's jurisdiction that result in the local beer board suspending the operation of or revoking the permit of the establishment where the violation or violations occurred, then the local beer board shall notify the executive director of the commission by certified mail, return receipt requested, of the action taken by the local beer board. Such notice shall include the record of evidence and the determination made by the local beer board in suspending or revoking the permit.
    2. (2) Upon receipt of such notice, the executive director of the commission may take the action with respect to a violation or violations as provided in chapter 4 of this title, related to the license for the sale of alcoholic beverages for consumption on the premises at the location where the violation or violations of the chapter occurred.
    3. (3) The suspension or revocation decision of the local beer board made pursuant to this subsection (b) is final, and any party aggrieved thereby may appeal the decision of the local beer board in accordance with § 57-5-108.
History (1)
  • Acts 2013, ch. 316, § 1.
Chapter 2 Local Option—Manufacture Only
§ 57-2-101. “Intoxicating liquors” and “intoxicating drinks” defined — Fuel alcohol exception.
  1. (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).
  2. (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. (1) For export to another country;
    2. (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. (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.
  3. (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.
History (8)
  • 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
  • 2014, ch. 861, § 3
  • 2017, ch. 338, § 5.
§ 57-2-103. Manufacturing of intoxicating liquors — Petition — Election.
  1. (a) The county legislative body of any county shall have the right and power, and such county authorities shall have the duty, to call and direct the county election commission to hold an election at any time, upon the filing and presentation of a petition bearing the genuine signatures of ten percent (10%) or more of the qualified voters of such county, based upon the number of votes cast in the last preceding presidential election in such county. Such petition shall be addressed to the county legislative body, and shall contain such language as to request, or to call upon the county legislative body, to call an election of the qualified voters of the county upon the question of permitting and legalizing the manufacture of intoxicating liquors and other intoxicating drinks within the boundaries of the county.
  2. (b) Upon the adoption of a motion or resolution by the county legislative body directing the holding of an election, the county clerk shall file a certified copy of the motion or resolution with the county election commission.
  3. (c) If a majority of the qualified votes cast in such election, in a county so holding an election, favors the manufacture of intoxicating liquors or other intoxicating drinks, as herein provided, in that event, it shall be lawful to manufacture intoxicating liquors and/or intoxicating drinks within the boundaries of such county.
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  4. (d)
    1. (1) Notwithstanding subsections (a)-(c), it shall be lawful to manufacture intoxicating liquors or intoxicating drinks, or both, within the boundaries of:
      1. (A) A municipality if both retail package sales and consumption of alcoholic beverages on the premises have been approved through referendum of voters within such municipality;
      2. (B) A municipality that has approved consumption of alcoholic beverages on the premises within the municipality by local option election and that is located in a county having a population of not less than forty-eight thousand five hundred (48,500) and not more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census;
      3. (C) The unincorporated areas of a county, or a municipality which has a population of less than one thousand (1,000) persons in such county, if any jurisdiction located within such county has approved retail package sales through referendum of voters and any jurisdiction located within such county has approved consumption of alcoholic beverages on the premises through referendum of voters or if the county is included in the Tennessee River resort district as defined in § 57-4-102 and retail package sales have been approved through referendum by the voters in any jurisdiction within such county;
      4. (D) Any municipality authorized under § 57-4-102(28) to allow facilities or establishments in such municipality to sell alcoholic beverages or wine for on premises consumption;
      5. (E) Any county or municipality where it was lawful to have manufacturing of intoxicating liquors or intoxicating drinks, or both under this subsection (d) as it read prior to July 1, 2013; or
      6. (F) Any county that has at least three (3) establishments, located in such county or in any municipality in such county, licensed under § 57-4-102(28) to sell alcoholic beverages for on-premises consumption if such county was included in this subsection (d) as it read prior to July 1, 2013.
    2. (2)
      1. (A) Notwithstanding subdivision (d)(1), the county legislative body of any such county may adopt a resolution to remove the unincorporated areas of the county from the application of this subsection (d) subject to the restrictions in subdivision (d)(2)(B). The county mayor shall notify the alcoholic beverage commission if such action is taken and approved.
      2. (B) Such action may be taken by the county legislative body pursuant to subdivision (d)(2)(A) until a written notification is filed with the county mayor by any person as an official notice that the person intends to pursue all lawful avenues to manufacture intoxicating liquors or intoxicating drinks, or both, within the unincorporated areas of the county. Once the notice is filed, no action may be taken by the county legislative body unless such interest is withdrawn or the person's application to manufacture such intoxicating liquors or intoxicating drinks, or both, is denied by the state or federal government. A written notification as described pursuant to this subdivision (d)(2)(B) may not be filed with the county mayor until at least forty-five (45) days after July 1, 2013.
      3. (C) If a county adopts a resolution pursuant to subdivision (d)(2)(A), the county may at a later date adopt a resolution reversing such action. The county mayor shall notify the alcoholic beverage commission if such action is taken and approved.
    3. (3)
      1. (A) Notwithstanding subdivision (d)(1), the legislative body of any municipality may adopt a resolution to remove the municipality from the application of this subsection (d) subject to the restrictions in subdivision (d)(3)(B). The legislative body of the municipality shall notify the alcoholic beverage commission if such action is taken and approved.
      2. (B) Such action may be taken by the legislative body of the municipality pursuant to subdivision (d)(3)(A) until a written notification is filed with the legislative body of the municipality by any person as an official notice that the person intends to pursue all lawful avenues to manufacture intoxicating liquors or intoxicating drinks, or both, within the boundaries of the municipality. Once the notice is filed, no action may be taken by the legislative body of the municipality unless such interest is withdrawn or the person's application to manufacture such intoxicating liquors or intoxicating drinks, or both, is denied by the state or federal government. A written notification as described pursuant to this subdivision (d)(3)(B) may not be filed with the legislative body of the municipality until at least forty-five (45) days after July 1, 2013.
      3. (C) If a municipality adopts a resolution pursuant to subdivision (d)(3)(A), the municipality may at a later date adopt a resolution reversing such action. The legislative body of the municipality shall notify the alcoholic beverage commission if such action is taken and approved.
    4. (4) If a manufacturer that has been issued a license pursuant to this subsection (d) is also selling the manufacturer's alcoholic beverages or products at retail and the manufacturer is located in a jurisdiction that pursuant to § 57-5-105 has established a distance requirement that restricts the storage, sale or manufacture of beer from places of public gatherings or in a municipality or Class B county that pursuant to § 57-5-106 has adopted proper ordinances governing the storage, sale, manufacture and/or distribution of beer within its jurisdictional boundary, then any distance requirement related to a building used for religious purposes or a building used as an elementary or secondary school in effect in that jurisdiction shall apply to the building used for the retail sale of the manufacturer's alcoholic beverages or products containing alcohol. The measurement shall be a building-to-building measurement.
    5. (5) Notwithstanding subsections (a)-(c) and subdivision (d)(1), it shall be lawful to manufacture intoxicating liquors or intoxicating drinks, or both, on property that is listed on the National Register of Historic Places and where intoxicating liquors or intoxicating drinks, or both, were previously distilled on such property, or approximately on such property.
    6. (6) A municipality as described in § 57-4-102(28)(B) may adopt an ordinance imposing a minimum distance, not to exceed one thousand feet (1,000′), between distilleries manufacturing distilled spirits; provided, that the ordinance shall not apply to or affect any licensed distillery in operation and open to the public prior to April 12, 2016. A distillery that is exempt from an ordinance adopted under this subdivision (d)(6) shall remain exempt from any ordinance adopted under this subdivision (d)(6) upon the transfer of any ownership interest in the distillery to a successor in interest.
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  5. (e) Any manufacturer's license issued pursuant to subsection (c) or (d) shall comply with § 57-3-202.
  6. (f)
    1. (1) Notwithstanding subsections (a)-(c), it shall be lawful to manufacture high alcohol content beer as defined in § 57-3-101(a) within the boundaries of:
      1. (A) A municipality if both retail package sales and consumption of alcoholic beverages on the premises have been approved through voter referendum of voters within such municipality; or
      2. (B) The unincorporated areas of a county if any jurisdiction located within such county has approved retail package sales through referendum of voters and any jurisdiction located within such county has approved consumption of alcoholic beverages on the premises through referendum of voters or if the county is included in the Tennessee River resort district as defined in § 57-4-102 and retail package sales have been approved through voter referendum in any jurisdiction within the county.
    2. (2) Any manufacturer authorized pursuant to subdivision (f)(1) must also hold a brewer's notice approved by the United States department of the treasury, alcohol and tobacco tax and trade bureau, or any successor federal beer manufacturing permit granted by a federal bureau having jurisdiction over the manufacture of beer.
    3. (3) In all jurisdictions not meeting the requirements of subdivision (f)(1), it shall be lawful to manufacture high alcohol content beer as defined in § 57-3-101(a) within the boundaries of a municipality or in the unincorporated area of such county upon such jurisdiction meeting the requirements of subsections (a)-(c), and if the manufacturer also holds a brewer's notice approved by the United States department of the treasury, alcohol and tobacco tax and trade bureau, or any successor federal beer manufacturing permit granted by a federal bureau having jurisdiction over the manufacture of beer.
    4. (4) Notwithstanding any other law to the contrary, it shall be lawful for any manufacturer of high alcohol content beer authorized to manufacture such beverages pursuant to subdivision (f)(1) to also brew beer as this term is defined in § 57-5-101(b) on the same premises of the manufacturer of high alcohol content beer, upon meeting necessary federal, state and local license requirements.
    5. (5) The general assembly hereby ratifies any action which may have been taken by the alcoholic beverage commission in issuing a license to a manufacturer of high alcohol content beer prior to June 10, 2011.
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  7. (g) The general assembly hereby ratifies any action which may have been taken by the alcoholic beverage commission in issuing a license to a manufacturer of intoxicating liquors or intoxicating drinks, or both prior to July 1, 2013.
  8. (h)
    1. (1) Any person who has received a manufacturing license for intoxicating liquors or intoxicating drinks, or both from the alcoholic beverage commission or who has an application for such manufacturing license pending with the commission on July 1, 2013, may still receive and be able to renew the license if the person was authorized to apply for such license under this section prior to July 1, 2013.
    2. (2) Any person who has received the necessary permit to manufacture intoxicating liquors or intoxicating drinks, or both from the alcohol and tobacco tax and trade bureau (TTB) or who has an application for such permit pending with the TTB on July 1, 2013, may still receive and be able to renew a manufacturing license from the alcoholic beverage commission if the person was authorized to apply for such manufacturing license under this section prior to July 1, 2013.
    3. (3) If any person obtains a manufacturing permit pursuant to this subsection (h), then the jurisdiction such licensee is located in shall be allowed to have other manufacturers located in such jurisdiction, notwithstanding subdivision (d)(1).
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History (13)
  • Acts 1937, ch. 193, § 1
  • C. Supp. 1950, § 6648.1
  • impl. am. Acts 1953, ch. 88, § 1
  • Acts 1972, ch. 740, § 4(65)
  • impl. am. Acts 1978, ch. 934, §§ 7, 22, 36
  • T.C.A. (orig. ed.), § 57-101
  • Acts 2009, ch. 524, § 1
  • 2011, ch. 448, § 12
  • 2012, ch. 515, § 1
  • 2013, ch. 445, §§ 1, 2
  • 2014, ch. 875, § 1
  • 2016, ch. 786, § 1
  • 2018, ch. 650, § 1.
§ 57-2-104. Possession, storage or transportation by manufacturer lawful — Rights limited.
  1. 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.
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History (7)
  • Acts 1937, ch. 193, § 3
  • C. Supp. 1950, § 6648.3
  • T.C.A. (orig. ed.), § 57-104
  • Acts 2011, ch. 448, § 4
  • 2013, ch. 341, § 2
  • 2018, ch. 717, § 1
  • 2021, ch. 329, § 1.
§ 57-2-105. Restrictions on sale within state.
  1. (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.
  2. (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.
History (5)
  • Acts 1937, ch. 193, § 1
  • C. Supp. 1950, § 6648.1
  • modified
  • T.C.A. (orig. ed.), § 57-105
  • Acts 2011, ch. 448, § 5.
§ 57-2-106. Restrictions on labeling of intoxicating liquors as Tennessee whiskeys.
  1. (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. (1) Manufactured in Tennessee;
    2. (2) Made of a grain mixture that is at least fifty-one percent (51%) corn;
    3. (3) Distilled to no more than one hundred sixty (160) proof or eighty percent (80%) alcohol by volume;
    4. (4) Aged in new, charred oak barrels in Tennessee;
    5. (5) Filtered through maple charcoal prior to aging;
    6. (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. (7) Bottled at not less than eighty (80) proof or forty percent (40%) alcohol by volume.
  2. (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.
  3. (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.
  4. (d)
    1. (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. (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.
History (1)
  • Acts 2013, ch. 341, § 1.
§ 57-2-107. Hours of sale for licensed manufacturer to sell at retail.
  1. 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.
History (1)
  • Acts 2013, ch. 341, § 3.
§ 57-2-108. Use of name “Tennessee Moonshine”.
  1. (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.
  2. (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.
History (1)
  • Acts 2015, ch. 428, § 6.
§ 57-2-109. Adoption of ordinance to prohibit construction or operation of licensed manufacturer under § 57-3-202 — Applicability.
  1. 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.
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History (1)
  • Acts 2016, ch. 695, § 1.
Chapter 3 Local Option — Traffic in Intoxicating Liquors
Part 1 General Provisions
§ 57-3-101. Title definitions.
  1. (a) As used in this title, unless the context requires otherwise:
    1. (1)
      1. (A) “Alcoholic beverage” or “beverage” means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in § 57-5-101. Notwithstanding any provision to the contrary in this title, except for beer as defined in § 57-5-101(b), “alcoholic beverage” or “beverage” also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, regardless of alcohol content. Liquid products intended for beverage purposes containing alcohol that do not meet the definition of beer under § 57-5-101(b) shall also be alcoholic beverages. Notwithstanding this subdivision (a)(1)(A), products or beverages containing less than one-half of one percent (0.5%) alcohol by volume, other than wine as defined in this section, shall not be considered to be alcoholic beverages, and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title.
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      2. (B) Notwithstanding this definition, ethanol produced in a facility whose production process is primarily a wet milling process in bulk and 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. (i) For export to another country;
        2. (ii) 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. (iii) 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;
        4. shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title;
    2. (2)
      1. (A) “Alternating proprietorship agreement” means an agreement between two (2) or more licensed manufacturers to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-202(m);
      2. (B) “Alternating proprietorship agreement” means an agreement between two (2) or more licensed wineries to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-207(y);
    3. (3) “Commission” means the alcoholic beverage commission, except as otherwise provided;
    4. (4) “Distiller” means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent;
    5. (5) “Distillery” means and includes any place or premises wherein any liquors are manufactured for sale;
    6. (6) “Federal license” does not mean tax receipt or permit;
    7. (7) “Gallon” or “gallons” means a wine gallon or wine gallons, of one hundred twenty-eight ounces (128 oz.);
    8. (8) “Gift” means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received; provided, however, that it does not include any such transaction between a licensee and its employee or employees in the normal course of employment or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid;
    9. (9) “High alcohol content beer” means an alcoholic beverage which is beer, ale or other malt beverage having an alcoholic content of more than eight percent (8%) by weight and not more than twenty percent (20%) by weight, except wine as defined in § 57-3-101, that is brewed, regulated, distributed or sold pursuant to chapter 3 of this title; provided, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol;
    10. (10) “Importer” means any person or entity holding a non-manufacturer non-resident seller's permit pursuant to § 57-3-602(c) or any entity causing alcoholic beverages to be delivered or shipped into this state holding an importer's basic permit from the alcohol and tobacco tax and trade bureau of the United States department of the treasury;
    11. (11) “License” means the license issued pursuant to this chapter;
    12. (12) “Licensee” means any person to whom such license has been issued pursuant to this chapter;
    13. (13) “Manufacture” means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery;
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    14. (14) “Manufacturer” means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier;
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    15. (15)
      1. (A) “Municipality” means an incorporated town or city having a population of:
        1. (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census; or
        2. (ii) Not less than five hundred seventy (570) nor more than six hundred ninety-nine (699), according to the 2020 federal census or a subsequent federal census, and that employs a full-time police department; and
      2. (B) When an incorporated town or city by ordinance authorizes a census to be taken of such incorporated town or city and provides the commission with a certified copy of the census containing the name, address, age, and sex of each person enumerated therein, and if the census shows that the incorporated town or city meets the requirements of subdivision (a)(15)(A), the commission, upon verification of the census and the existence of a full-time police department, if applicable, may declare such incorporated town or city to be a “municipality” for the purposes of this chapter;
    16. (16) “Pint” means one-eighth (⅛) of a wine gallon;
    17. (17) “Quart” means one-fourth (¼) of a wine gallon;
    18. (18) “Rectifier” means and includes any person who rectifies, purifies or refines distilled spirits or wines by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits, shall, by mixing such spirits, wine or other liquor with any material, manufacture any imitation of, or compounds liquors for sale under the name of, whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name;
    19. (19) “Retail food store wine license” means a license for the sale of wine at retail in a retail food store as defined in part 8 of this chapter;
    20. (20) “Retailer” means any person who sells at retail any beverage for the sale of which a license is required under this chapter;
    21. (21) “Retail sale” or “sale at retail” means a sale to a consumer or to any person for any purpose other than for resale; provided, however, that it does not include any transaction between a licensee and its employee or employees in the normal course of employment for which no payment is expected or received or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid;
    22. (22) “Vintner” means any person who owns, occupies, carries on, works, conducts or operates any winery, either personally or by an agent;
    23. (23) “Wholesaler” means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter;
    24. (24) “Wholesale sale” or “sale at wholesale” means a sale to any person for purposes of resale, except that sales by a person licensed under § 57-3-204 to a charitable, nonprofit, or political organization possessing a valid special occasion license for resale by such organizations pursuant to their special occasion license shall not be construed as such a sale;
    25. (25) “Wine” means the product of the normal alcoholic fermentation of the juice of dried or fresh, sound, ripe grapes, fruit, or other agricultural products, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne, sparkling, and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product may be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or as an artificial or imitation wine; and
    26. (26) “Winery” means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded, and also includes a winery for the manufacture of wine.
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  2. (b) Words importing the masculine gender include the feminine and the neuter, and the singular includes the plural.
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History (27)
  • Acts 1939, ch. 49, §§ 3, 4, 13
  • 1949, ch. 284, § 9
  • C. Supp. 1950, §§ 6648.4, 6648.19 (Williams, §§ 6648.6, 6648.7, 6648.16)
  • Acts 1955, ch. 347, § 2A
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1963, ch. 257, § 11
  • modified
  • T.C.A. (orig. ed.), § 57-106
  • Acts 1981, ch. 404, § 4
  • 1982, ch. 877, § 5
  • 1983, ch. 229, § 4
  • 1986, ch. 516, § 1
  • 1989, ch. 325, § 1
  • 1991, ch. 58, § 1
  • 1997, ch. 155, § 2
  • 2005, ch. 298, § 1
  • 2009, ch. 395, §§ 1, 2
  • 2011, ch. 448, §§ 7-11
  • 2014, ch. 554, § 6
  • 2014, ch. 767, § 3
  • 2014, ch. 861, § 1
  • 2015, ch. 269, § 1
  • 2021, ch. 426, § 1
  • 2022, ch. 689, § 1
  • 2023, ch. 95, § 1
  • 2023, ch. 109, § 1
  • 2023, ch. 236, § 1.
§ 57-3-102. Traffic in intoxicating liquor permitted by local option.
  1. (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.
  2. (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.
History (5)
  • 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.
§ 57-3-103. Construction of chapter.
  1. (a)
    1. (1) Nothing in this chapter shall affect chapter 2 of this title.
    2. (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.
  2. (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.
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  3. (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.
History (8)
  • 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
  • 2014, ch. 554, § 20.
§ 57-3-104. Enforcement and administration by commission — Licensing procedures.
  1. (a) The commission shall have the authority, by and with the consent of the governor, to employ such attorneys, inspectors, agents, officers and clerical assistance as may be necessary for the effective administration and enforcement of this chapter. The compensation of such personnel shall be approved by the governor.
  2. (b) The commission shall enforce and administer this chapter and the rules and regulations made by it.
  3. (c) The commission shall have and exercise the following functions, duties and powers:
    1. (1) Issue all licenses in respect to, or for the manufacture, importation, bottling, keeping, giving away, furnishing, possession, transportation, sale, and delivery of alcoholic beverages, and to revoke any license whatsoever, the issuance of which is authorized by this chapter;
      1. (A) Any revocation of any license shall be made by the commission only on account of the violation of, or refusal to comply with, any of this chapter or any rule or regulation of the commission, after not less than ten (10) days' notice to the holder of the license proposed to be revoked, informing such licensee of the time and place of the hearing to be held in respect thereto, and all further procedure with reference to the revocation of any license shall be fixed and prescribed in the rules and regulations adopted and promulgated by the commission, which may be repealed or amended from time to time;
      2. (B) No person has a property right in any license issued hereunder, nor shall the license itself, or the enjoyment thereof, be considered a property right;
      3. (C) The commission shall hold a hearing to determine whether such license shall be revoked, which hearing shall be held with the same notice and in the same manner as all other hearings provided for under this chapter, whenever:
        1. (i) Any county mayor, if a license has been issued outside the corporate limits of the municipality and outside a civil district meeting the requirements set out in § 57-3-205;
        2. (ii) A majority of a three-member commission which has been set up as provided in § 57-3-108, if a license has been issued within a civil district meeting the requirements set out in § 57-3-205; or
        3. (iii) The mayor or majority of the commission, city council or legislative council of a municipality within which a license has been issued
        4. certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter;
    2. (2) Refuse to issue a license or permit if, upon investigation, the commission finds that the applicant for a license or permit has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning the operation of the business or employment, or if the interest of the applicant in the operation of the business or employment is not truly stated in the application, or in case of any fraud or false swearing by the applicant touching any matter relating to the operation of the business or employment. If a license or permit has been issued, the commission shall issue a citation to the licensee or permittee to show cause why the license or permit should not be suspended or revoked. All data, written statements, affidavits, evidence or other documents submitted in support of an application are a part of the application;
    3. (3) Summon any applicant for a license or permit and also to summon and examine witnesses, and to administer oaths to such applicants and witnesses in making any investigation in regard thereto;
    4. (4) Make, promulgate, alter, amend, or repeal rules and regulations for the enforcement of this chapter or the collections of all license fees and taxes, and all penalties and forfeitures relating thereto, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue;
    5. (5) Prescribe all forms of application and licenses and tax stamps, and of all reports and all other papers and documents required to be used under or in the enforcement of this chapter, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue;
    6. (6) Prevent parts of the premises connected with or in any sense used in connection with the premises, whereon the possession, transportation, delivery, receipt, sale or purchase of alcoholic beverages may be lawful, from being used as a subterfuge, or means of evading this chapter or the rules and regulations of the commission;
    7. (7) Conform to, adopt, or coordinate, to the extent that the commission may deem proper, the practices, methods, standards, rules, and regulations governing traffic in alcoholic beverages, and in alcohol, with the rules, practices, standards, and regulations established by the government of the United States, or any officer, bureau or agency thereof;
    8. (8) Require, on licensed premises, the destruction or removal of any and all bottles, whether empty or otherwise, cases, containers, apparatus, or devices, used or likely to be used, designed or intended or employed in evading, violating or preventing the enforcement of this chapter or the rules and regulations of the commission;
    9. (9) Regulate the advertising, signs and displays, posters or designs intended to advertise any alcoholic beverage or the place where the same is sold; and
    10. (10) Refuse to issue or renew a license or permit, or issue a citation in an amount not to exceed one hundred dollars ($100) per violation if, upon investigation, the commission finds that the applicant for a license or permit has not demonstrated the financial capacity to operate the business in a manner consistent with the regulations of the commission or is not generally paying its debts as they come due except for debts as to which there is a bona fide dispute.
      Backlinks (1)
History (13)
  • Acts 1939, ch. 49, § 4
  • 1945, ch. 167, § 1
  • 1947, ch. 73, § 2
  • 1949, ch. 284, § 2
  • C. Supp. 1950, § 6648.7
  • Acts 1951, ch. 52, § 1
  • impl. am. Acts 1963, ch. 257, §§ 11, 33
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A. (orig. ed.), § 57-109
  • Acts 1981, ch. 474, § 2
  • 2003, ch. 90, § 2
  • 2014, ch. 1015, § 6
  • 2017, ch. 147, § 2.
§ 57-3-105. Conflicts of interest prohibited.
  1. 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.
History (4)
  • 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.
§ 57-3-106. Local option election — Municipalities where applicable — Supplemental voter registration — Restrictions on frequency of elections.
  1. (a)
    1. (1) Except as provided in subsection (g), the voters of any county may, by local option election, permit the manufacture, receipt, sale, storage, transportation, distribution and possession of alcoholic beverages, within the territorial limits of such county, by a majority vote, at an election held as hereinafter provided, and, in the event of such permission, the manufacture, receipt, sale, storage, transportation, distribution and possession of alcoholic beverages in such county are lawful; provided, that sales at retail as herein defined shall be made only in the municipalities in such county as herein defined, or within a civil district of such county, which district shall have a population of thirty thousand (30,000) persons or over, according to the federal census for the year 1950 or any subsequent census, but which civil district shall not have lying either wholly or partly within its boundaries a municipality as herein defined.
    2. (2) In like manner, the voters of any county, at any time while this chapter is in effect, may, by local option election, forbid the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic or intoxicating beverages, within the territorial limits of such county, by a majority vote, at an election to be held as hereinafter provided, and, in the event of such prohibition, the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic or intoxicating beverages in such county is unlawful; provided, that this does not apply to a bona fide manufacturer, actually engaged in manufacture under this chapter.
  2. (b)
    1. (1) Except in a county having a population of sixty-five thousand (65,000) and not more than seventy thousand (70,000), according to the 1970 federal census or any subsequent federal census, the voters of any municipality in this state which has been incorporated under a general or special law or laws of this state for five (5) years or longer, may, by local option election, permit the manufacture, receipt, sale, storage, transportation, distribution, and possession of alcoholic beverages within the territorial limits of such municipality by a majority vote, at an election held as provided in this section, and in the event of such permission, the manufacture, receipt, sale, storage, transportation, distribution, and possession of alcoholic beverages in such municipality shall be, and become lawful, notwithstanding the fact that the county or any portion thereof in which such municipality is located has, or has not, voted to the contrary under this chapter, and the same shall continue to be lawful until the same is forbidden by the voters of such municipality, by majority vote thereof, at a local option election held as provided in this section.
      Backlinks (5)
    2. (2) In like manner, the voters of any such municipality, at any time while this chapter is in effect, may, by local option election, forbid the manufacture, receipt, sale, storage, transportation, distribution, and/or possession of alcoholic or intoxicating beverages, within the territorial limits of the municipality, by a majority vote, at an election to be held as hereinafter provided, and in the event of such prohibition, the manufacture, receipt, sale, storage, transportation, distribution, and/or possession of alcoholic or intoxicating beverages in the municipality is unlawful, notwithstanding the fact that the county or any portion thereof in which the municipality is located has or has not voted to the contrary under any other provision of this chapter; provided, that this does not apply to a bona fide manufacturer, actually engaged in manufacture under any law of this state.
  3. (c)
    1. (1) Elections provided for in subsections (a) and (b) shall be called and held as elections on questions by the county election commission at the next regular election of the county or municipality, as the case may be, upon receipt of a petition signed by residents of the county or municipality, as the case may be, to a number amounting to ten percent (10%) or more of the votes cast in the county or municipality, as the case may be, for governor of the state of Tennessee at the then last preceding gubernatorial election, requesting the holding of such election. Except that, no election under this chapter may be placed on the same ballot or conducted on the same day of a primary election.
      Backlinks (1)
    2. (2) Such petition shall be addressed to the county election commission of such county, or county in which such municipality is located, and shall read, except for such address, substantially as follows:
      2. We, registered voters of (here insert name of county or municipality, as the case may be), do hereby request the holding of a local option election to authorize retail package stores to sell alcoholic beverages as provided by law.
    3. (3) Such petition may be in two (2) or more counterparts.
    Backlinks (1)
  4. (d)
    1. (1) Registered voters of the county or municipality, as the case may be, may vote in the election. Ballots shall be in the form prescribed by the general election laws of the state, except as herein otherwise provided.
    2. (2) The questions submitted to the voters appearing thereon in county elections shall be in the following form:
      2. To permit retail package stores to sell alcoholic beverages in (Here insert name of county)
      3. Not to permit retail package stores to sell alcoholic beverages in (Here insert name of county)
    3. (3) The questions submitted to the voters appearing thereon in municipal elections shall be in the following form:
      2. To permit retail package stores to sell alcoholic beverages in (Here insert name of municipality)
      3. Not to permit retail package stores to sell alcoholic beverages in (Here insert name of municipality)
  5. (e) In county elections, the county election commission shall hold a prior supplemental registration, unless such election be at the time of a general election, such registration to be held at the time and in the manner prescribed by law for the holding of supplemental registration previous to the election for members of the general assembly.
  6. (f)
    1. (1) The county election commission shall certify the results of the election to the county mayor in county elections and to the mayor of the municipality in municipal elections.
    2. (2) Not more than one (1) election in any such county or municipality shall be held under this chapter within any period of twenty-four (24) months, except that no election in an entire county or any portion thereof in which such municipality is located, held under this chapter, is an election held in such municipality within the meaning of this subdivision (f)(2).
    3. (3) Should any county or municipality thereof conduct a local option election under this chapter in conjunction with any general election, and the number of qualified votes cast negative to the local option proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further local option election in such county or municipality shall be held for a period of four (4) years from the date of such previous election. However, no election in an entire county or any portion thereof in which such municipality is located, held under this chapter, is an election held in such municipality within the meaning of this provision.
  7. (g)
    1. (1) In those counties wherein are located municipalities which have a population equal to or greater than the smallest county in Tennessee by the federal census of 1960 or by any succeeding federal census, or any municipality having a population of one thousand seven hundred (1,700) or more persons, according to the 1960 federal census in which at least fifty percent (50%) of assessed valuation of the real estate in the municipality consists of hotels, motels, and tourist courts and accommodations, as shown by the tax assessment rolls or books of the municipality, the elections provided for in subsection (a) apply only to those portions of such county lying outside the corporate limits of such municipalities, it being the purpose and intent of this chapter that as to such counties no countywide election may be held in, nor shall its result affect, any such municipality, but whether or not the manufacture, receipt, sale, storage, distribution, transportation and/or possession of alcoholic beverages shall be permitted or prohibited within the corporate limits of such municipalities shall be determined solely by separate local option elections held in each municipality as provided by subsection (b) hereof; provided, that in such counties wherein the manufacture, storage, sale, distribution, transportation, and/or possession of alcoholic beverages was legal on May 10, 1967, nothing herein shall affect the legality thereof in such counties and the municipalities thereof until the same shall be prohibited by separate local option elections held as provided in this section.
      Backlinks (1)
    2. (2) Elections may be called and held in such portions of such counties lying outside such municipalities in the same manner as is provided by subsection (a) for an entire county and with like effect, except that the results thereof shall be applicable only to those portions of such counties lying without the corporate limits of such municipalities. Petitioners for such elections and the voters participating therein shall reside within those portions of the county lying outside the corporate limits of such municipalities and shall be otherwise qualified as provided in this section. Where a majority of the voters participating in such election shall permit the manufacture, receipt, sale, storage, distribution, transportation and/or possession of alcoholic beverages within such portions of such counties, the same shall be and become lawful therein, but sales at retail shall be made only in such portions of such counties as are within the corporate limits of municipalities as the same are defined in § 57-3-101, except this subsection (g) shall likewise apply to any civil district which falls within subsection (a) and § 57-3-205.
    3. (3) Not more than one (1) such election shall be held in such portions of any county lying without the corporate limits of such municipalities within any period of twenty-four (24) months.
    4. (4) Should any portion of any county lying without the corporate limits of such municipalities conduct a local option election under this chapter in conjunction with any general election, and the number of qualified votes cast negative to the local option proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further local option election in such portions of any county lying without the corporate limits of such municipalities shall be held for a period of four (4) years from the date of such previous election. However, no election in any such portion of a county, held under this chapter, is an election held in such municipalities within the meaning of this subdivision (g)(4).
    Backlinks (1)
  8. (h) When a municipality is located partly within a county that has a metropolitan form of government and the county has authorized retail package stores to sell alcoholic beverages and partly within another county that has not authorized retail package stores to sell alcoholic beverages, a referendum in the municipality shall be held only in that portion of the municipality located in the county that has not authorized retail package stores to sell alcoholic beverages. The referendum result shall not affect the sale of alcoholic beverages by retail package stores in the portion of the municipality located in the county having a metropolitan form of government.
  9. (i) If any municipality located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than five hundred thirty (530) nor more than five hundred thirty-nine (539), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum shall be conducted in the manner prescribed by this section.
  10. (j) If any municipality located in any county having a population of not less than forty-one thousand eight hundred (41,800) nor more than forty-one thousand nine hundred (41,900), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than four hundred sixty (460) nor more than seven hundred eighty-five (785), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum must be conducted in the manner prescribed by this section.
  11. (k) If any municipality located in any county having a population of not less than sixty-six thousand two hundred (66,200) nor more than sixty-six thousand three hundred (66,300), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than three hundred ten (310) nor more than three hundred nineteen (319), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum must be conducted in the manner prescribed by this section.
  12. (l)
    1. (1) Notwithstanding subsection (a), in any county that has approved the sale at retail of alcoholic beverages, retail sales may be made within the boundaries of any property under the control of a property owners association that:
      1. (A) Includes at least four thousand (4,000) homes;
      2. (B) Contains three (3) golf courses, a country club, and a yacht club;
      3. (C) Is managed by a 501(c) nonprofit corporation;
      4. (D) Has more than one hundred (100) miles of roads maintained by the property owners association;
      5. (E) Has a volunteer fire department;
      6. (F) Has more than one hundred (100) people employed by the property owners association;
      7. (G) Has a utility system maintained by the property owners association;
      8. (H) Is located on the banks of Tellico Reservoir; and
      9. (I) Is located in any county having a population not less than forty-eight thousand five hundred (48,500) and not more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census.
    2. (2) Notwithstanding any other law to the contrary, the commission may issue a retailer's license to any 501(c) nonprofit corporation described in subdivision (l)(1)(C) if such nonprofit corporation approves having a retail licensee within the boundaries of its property upon a majority vote of the board for such nonprofit corporation.
Backlinks (25)
History (31)
  • Acts 1939, ch. 49, § 16
  • C. Supp. 1950, § 6648.8 (Williams, § 6648.19)
  • Acts 1951, ch. 52, § 6
  • impl. am. Acts 1951, ch. 75, § 1
  • impl. am. Acts 1953, ch. 88, § 1
  • Acts 1963, ch. 390, § 1
  • 1967, ch. 215, § 1
  • 1971, ch. 70, § 8
  • 1972, ch. 502, § 1
  • 1972, ch. 612, § 8
  • 1972, ch. 640, § 1
  • 1972, ch. 740, § 4
  • impl. am. Acts 1972, ch. 740, § 7
  • Acts 1975, ch. 112, §§ 1, 2
  • 1975, ch. 358, § 1
  • 1977, ch. 174, §§ 1, 2
  • 1978, ch. 627, § 1
  • impl. am. Acts 1978, ch. 934, §§ 21, 36
  • T.C.A. (orig. ed.), § 57-111
  • Acts 1981, ch. 381, §§ 1-3
  • 1982, ch. 551, §§ 1-5
  • 1992, ch. 711, § 2
  • 2003, ch. 90, § 2
  • 2011, ch. 116, § 1
  • 2015, ch. 201, § 1
  • 2018, ch. 692, § 1
  • 2018, ch. 891, § 1
  • 2018, ch. 1027, § 2
  • 2021, ch. 237, § 1
  • 2021, ch. 426, § 2
  • 2023, ch. 291, § 1.
§ 57-3-107. Counties in which no election held — Counties voting against local option — Effect — Transportation of intoxicating liquors through dry counties.
  1. (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.
  2. (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.
    Backlinks (1)
  3. (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.
Backlinks (1)
History (6)
  • 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.
§ 57-3-108. District commissions — Members — Appointment — Term of office — Qualifications — Vacancies — Service without compensation.
  1. (a) Whenever any civil district of any county of the state shall by virtue of § 57-3-205 meet the requisites for the licensing of retail liquor stores to be located within such district the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, shall appoint a three-member commission composed of citizens and residents of the civil district involved, which commission shall be vested with all the powers and duties with respect to the sale of alcoholic beverages within such district which may under state law be vested in the mayor and/or board of aldermen of a municipality of the state, including the right to limit the number of such stores and to limit the permissible locations within such district where such stores may be situated.
  2. (b) Members of such commission shall serve until the next biennial election in August occurring more than thirty (30) days after such civil district shall be brought within the requirements of this chapter for the sale of alcoholic beverages at retail, at which time their successors shall be elected.
  3. (c) The qualifications required of a member of such commission shall be the same as those for the magistrates of such district, and the qualifications of those entitled to vote for such commissioners shall be the same as those required for voters for the office of magistrate of such district.
  4. (d) The term of office of all the members of the commission shall be for two (2) years, or until their successors are duly elected and take office. All vacancies on the commission shall be filled by the appointment of the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, and such appointment shall be for the unexpired term of the member whose vacancy is being filled.
  5. (e) The members of the commission shall serve without compensation and shall have no interest, financial or otherwise, in any retail or wholesale liquor store or distillery.
  6. (f) In the event the terms of office of the members of the commission shall have expired, that is, that they shall have served the two (2) years for which they were originally elected, and as many as one (1) biennial election has been held without the voters having an opportunity to elect the members of the commission because no names were printed on the ballot, then the terms of the members of the commission shall be automatically terminated and a new commission shall be designated with all the rights and powers attaching to the commission herein. In such event the members of the commission shall be appointed by a board composed of the secretary of state, state treasurer and comptroller of the treasury in the same case as otherwise provided for filling vacancies.
Backlinks (1)
History (3)
  • Acts 1939, ch. 49, § 9a, as added by Acts 1951, ch. 52, § 4 (Williams, § 6648.12a1)
  • 1955, ch. 244, § 1
  • T.C.A. (orig. ed.), § 57-113.
§ 57-3-109. Damaged or unaccepted goods — Liability for tax.
  1. 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.
History (2)
  • Acts 1971, ch. 150, § 1
  • T.C.A., § 57-169.
§ 57-3-110. Sale of liquors to armed forces agencies.
  1. (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.
  2. (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.
  3. (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.
  4. (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.
Backlinks (3)
History (4)
  • Acts 1955, ch. 347, § 1
  • impl. am. Acts 1959, ch. 9, § 14
  • impl. am. Acts 1963, ch. 257, § 49
  • T.C.A., § 57-151.
§ 57-3-111. Appropriation for enforcement of law.
  1. 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.
History (5)
  • 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.
§ 57-3-112. Partial invalidity of law — Operation and effect.
  1. 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.
History (4)
  • Acts 1939, ch. 49, § 18
  • C. Supp. 1950, § 6648.23 (Williams, § 6648.21)
  • modified
  • T.C.A. (orig. ed.), § 57-150.
Part 2 Licenses and Fees
§ 57-3-201. License classifications.
  1. 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. (1) Manufacturer's or distiller's or rectifier's license;
    2. (2) Liquor wholesaler's license;
    3. (3) Liquor retailer's license;
    4. (4) Winery license;
    5. (5) Winery direct shipper's license;
    6. (6) Alcoholic beverage collector's license;
    7. (7) Winemaking on premises facility license;
    8. (8) Farm wine permit; and
    9. (9) Wine at retail food store license.
History (11)
  • 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
  • 2014, ch. 554, § 5
  • 2019, ch. 263, § 1.
§ 57-3-202. Manufacturer's or distiller's licenses — Qualifications of applicants — Fees — Permits to solicit orders — Penalty — Rules and regulations — Alternating proprietorship agreement.
  1. (a) A manufacturer's or distiller's license may be issued, as hereinafter provided, for the manufacturing of alcoholic spirituous beverages or vintage alcoholic beverages. Any person, firm, or corporation desiring to manufacture for commercial purposes any alcoholic spirituous beverages or vintage alcoholic beverages shall make application to the commission for a license to manufacture the same, which application shall be in writing and verified, on the forms herein authorized, to be prescribed and furnished; and, thereupon, the commission may grant such license, subject to this chapter.
  2. (b) All applicants if individuals must be citizens of the United States, and all stockholders of any corporate licensee must likewise be citizens of the United States.
  3. (c) Such license shall not be issued unless and until there be paid to the commission a separate license fee of one thousand dollars ($1,000).
  4. (d) Before an individual owner, officer, employee, or representative of any manufacturer, rectifier, or importer may solicit orders from a licensed wholesaler in this state, such individual owner, officer, employee, or representative shall be the holder of a permit issued by the commission. The fee for such permit shall be fifty dollars ($50.00). Such permit shall authorize the holder to solicit orders upon the premises of a licensed wholesaler. A representative may sell the products of, or represent more than one (1) manufacturer, rectifier, or importer and such affiliates or subsidiaries that the manufacturer, rectifier, or importer may control by means of ownership or the ownership of a controlling stock interest.
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  5. (e) “Vintage alcoholic beverages,” as used in this section, means all wine sold by wholesalers licensed under § 57-3-203.
  6. (f)
    1. (1) A manufacturer's license may be issued to a person, firm or corporation for the limited purpose of blending nonalcoholic products with alcoholic beverages on premises, either on its own behalf or on behalf of other entities pursuant to contract.
    2. (2) A licensee under this subsection (f) may obtain the alcoholic beverages for use in its blending operations from any entity holding a license or permit issued under this section, §§ 57-2-104, 57-3-203, 57-3-207, and part 6 of this chapter.
    3. (3) A license may be issued to a manufacturer, under this subsection (f), notwithstanding the requirements of § 57-3-106.
    4. (4) A manufacturer, licensed under this subsection (f) for the limited purpose of blending, may sell, distribute or transport the product produced from its blending operations in accordance with this title.
  7. (g) Notwithstanding subsection (f), an establishment licensed to sell alcoholic beverages for on-premises consumption pursuant to chapter 4, part 1 of this title, may, without a manufacturer's license, produce, store and sell infused products pursuant to § 57-4-108.
  8. (h) The commission is empowered to make such regulations, investigations and audits as it may deem necessary for enforcing and preventing violations of this chapter.
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  9. (i)
    1. (1) A manufacturer's license issued or renewed under this section to a manufacturer shall also allow such manufacturer to sell at retail on the licensed premises of the manufacturer products that are manufactured on the manufacturer's premises; provided, that no more than five gallons (5 gals.) or one-sixth (⅙) of a barrel of its products may be sold to any one (1) individual per visit to the premises. The manufacturer may serve samples of the product manufactured or distilled at the premises to any person of legal drinking age with or without cost or may include such samples as part of a tour of the manufacturer's or distiller's premises available to the public with or without cost. Such samples may be made available at any location on the manufacturing premises permitted by federal law. The manufacturer shall disclose to the commission the location where samples are available. The hours of sale for the manufacturer to sell products at retail shall be between the hours of eight o'clock a.m. (8:00 a.m.) and eleven o'clock p.m (11:00 p.m) on Monday through Saturday and between the hours of ten o'clock a.m. (10:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Sunday.
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    2. (2) A manufacturer electing to exercise the rights granted to it under subdivision (i)(1), may only sell at retail or provide samples of product that it has obtained from a wholesaler licensed under § 57-3-203, and such wholesaler shall remit all taxes imposed under §§ 57-3-302, 57-3-501 (which shall be collected from the manufacturer based upon its retail sales), and 57-6-201. For products acquired from a wholesaler by a manufacturer under this section, the wholesaler may permit the manufacturer to deliver its products to the location on its premises where such retail sales and samples will be effected, provided the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections.
    3. (3) Notwithstanding any law to the contrary, any manufacturer selling at retail with the license authorized by this subsection (i) shall pay a municipal inspection fee, described in § 57-3-501, if a municipality the manufacturer is located in imposes such inspection fee which shall then be remitted by the wholesaler as described in subdivision (i)(2).
    4. (4)
      1. (A) A distiller's license issued or renewed under this section authorizes a distillery to sell to any person of legal drinking age alcoholic beverages for consumption on the premises of the distillery, other than the bonded premises, where such consumption is also permitted by federal law. Distilled spirits sold under this subdivision (i)(4) must be manufactured on the premises of the distillery.
      2. (B) As used in subdivision (i)(4)(A), “premises,” for purposes of consumption on the premises:
        1. (i) Means any and all of the real property owned or leased by a distillery upon which the distillery is operated, including any real property owned by the distillery contiguous thereto; and
        2. (ii) Does not mean the bonded premises of a distillery.
    5. (5) Samples served and alcoholic beverages sold for consumption on the premises of a distillery in accordance with this subsection (i) are not subject to the tax imposed by § 57-4-301(c).
    6. (6)
      1. (A) Notwithstanding any law to the contrary, and in addition to any rights and abilities already permitted under this subsection (i), a manufacturer electing to exercise the rights granted to it under this subsection (i), may sell alcoholic beverages at retail, sell alcoholic beverages for consumption on the premises, and serve samples of any finished product that is transferred from another site for which a manufacturer's license under this section has been issued to the same licensee, only under the circumstances and conditions as outlined in this subdivision (i)(6).
      2. (B) A manufacturer may sell product transferred between different sites described in one (1) manufacturer's alcohol and tobacco tax and trade bureau (TTB) permit; provided, that:
        1. (i) The site identified as the plant address in the manufacturer's alcohol and tobacco tax and trade bureau (TTB) permit manufactures a minimum of one thousand (1,000) proof gallons at that site annually (prorated for partial years);
        2. (ii) Any site receiving transferred product has a minimum of two thousand square feet (2,000 sq. ft.) of bonded premises;
        3. (iii) Any site transferring product only transfers product that is manufactured at that site or manufactured at another site for which a manufacturer's license under this section has been issued to the same licensee; and
        4. (iv) Any site transferring or receiving transferred product must hold a manufacturer's license issued pursuant to this section.
      3. (C) A manufacturer may sell product transferred between sites described in separate manufacturer's alcohol and tobacco tax and trade bureau (TTB) permits; provided, that:
        1. (i) Any site transferring or receiving transferred product must hold a manufacturer's license issued pursuant to this section. Any site transferring product must have held the manufacturer's license for a minimum of three (3) years;
        2. (ii) Any site receiving transferred product shall not receive more transferred product than the equivalent amount of the proof gallons distilled at the receiving site for each calendar year; and
        3. (iii) Any site transferring product shall only transfer product that is distilled at that site or distilled at another site for which a manufacturer's license under this section has been issued to the same licensee.
      4. (D) Any manufacturer transferring or receiving product pursuant to this subdivision (i)(6) shall comply with the following requirements:
        1. (i) Provide written notice to the commission regarding the manufacturer's intent to transfer product, which notice shall specify the manufacturer's qualifications to transfer product pursuant to (i)(6)(B) or (i)(6)(C) and identify the address of each licensed premises that will transfer or receive transferred product;
        2. (ii) The manufacturer shall comply with subdivision (i)(2) and the distance restrictions in §§  57-2-109 and 57-2-103(d)(6), as applicable;
        3. (iii) A manufacturer transferring or receiving product pursuant to subdivision (i)(6)(B) shall maintain sufficient records documenting that the gallonage and transfer requirements of subdivision (i)(6)(B)(i) are being met and, with its annual renewal, shall file a copy of such records along with copies of the manufacturer's TTB Forms 5110.40 and 5110.28 and an affidavit certifying the amount of product manufactured at the site to document that the licensee has complied with the gallonage and transfer requirements; and
        4. (iv) A manufacturer transferring or receiving product pursuant to subdivision (i)(6)(C) shall maintain sufficient records documenting that the gallonage and transfer requirements of subdivision (i)(6)(C)(ii) are being met and, with its renewal, shall file a copy of such records along with copies of the manufacturer's TTB Form 5110.40 and an affidavit certifying the amounts of product distilled at the site receiving transferred product and the amount of transferred product the site received to document that the licensee has complied with the gallonage and transfer requirements.
      5. (E) Any records or reports filed in accordance with subdivision (i)(6)(D) are privileged and confidential and are not public records.
      6. (F) Failure to comply with the gallonage and transfer requirements of this subdivision (i)(6) may result in a civil penalty not to exceed ten dollars ($10.00) per gallon of the difference between the required gallonage and that disclosed in the licensee's affidavit filed in accordance with subdivision (i)(6)(D). Failure to comply with the gallonage and transfer requirements more than once within a three-year period may result in suspension or revocation of the manufacturer's license.
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  10. (j)
    1. (1) Any nonprofit association organized to encourage and support the manufacture of alcoholic beverages with three (3) or more manufacturers licensed under this section or non-manufacturer non-resident sellers licensed under § 57-3-602(c) as members shall be allowed to hold not more than fifteen (15) alcoholic beverage festivals per calendar year. Each festival shall not exceed a period of seventy-two (72) hours.
    2. (2) Any manufacturer licensed under this section or non-manufacturer non-resident seller licensed under § 57-3-602(c) participating in a festival authorized by this subsection (j) shall be allowed to transport, serve and offer complimentary samples of any alcoholic beverage lawfully manufactured by the manufacturer or on behalf of the non-manufacturer non-resident seller pursuant to § 57-3-602(c) for tasting at the festival.
    3. (3) Any manufacturer licensed under this section or non-manufacturer non-resident seller licensed under § 57-3-602(c) participating in a festival authorized by this subsection (j) shall be allowed to transport alcoholic beverages produced by that manufacturer or on behalf of that non-manufacturer non-resident seller to sell at the festival for consumption off-premises.
    4. (4)
      1. (A) Any nonprofit association authorized by this subsection (j) to hold an alcoholic beverage festival shall apply for a special occasion license as defined in § 57-4-102, in order for participating manufacturers licensed under this section or non-manufacturer non-resident sellers licensed under § 57-3-602(c) to serve complimentary samples as described in subdivision (j)(2) and to sell alcoholic beverages produced by the manufacturers or on behalf of the non-manufacturer non-resident sellers for consumption off-premises.
      2. (B) Notwithstanding § 57-4-102(34)(A), a special occasion license issued for an alcoholic beverage festival authorized by this subsection (j) shall be for the duration of the festival for which application is made for a period not to exceed seventy-two (72) hours. A special occasion license issued pursuant to this subsection (j) shall only be available upon the payment of the fee as required by law for each separate day of the festival.
      3. (C) A nonprofit association authorized to conduct an alcoholic beverage festival pursuant to this subsection (j) shall be permitted to hold the festival in any municipality or county of the state in the manner provided in subdivision (j)(5).
    5. (5) A nonprofit association, as defined in subdivision (j)(1), is authorized to conduct an alcoholic beverage festival pursuant to this subsection (j) in a municipality or county of this state that has approved the sale of alcoholic beverages or has a licensed manufacturer located in that municipality or county, subject to complying with all permit requirements of the municipality or county, and in all other municipalities or counties upon receiving approval of the legislative body of the municipality or county to hold such festival at a location and in such manner authorized by such legislative body.
  11. (k)
    1. (1)
      1. (A) Any manufacturer licensed under this section shall be permitted to use items related to or incidental to the tasting of alcoholic beverages manufactured on the premises and such items may be mixed with such alcoholic beverages anywhere on or off the manufacturer's premises where tastings are permitted as well as at private events and events requiring a special occasion license. Such items may include, but are not limited to:
        1. (i) Bitters, whether manufactured on the premises or purchased at retail, used in the preparation or garnishment of alcoholic beverages or mixed alcoholic beverages;
        2. (ii) Any and all garnishes and food items used in the preparation or garnishment of alcoholic beverages or mixed alcoholic beverages, including any juices, concentrates, and other ingredients used in the preparation of mixed alcoholic beverages;
        3. (iii) Glassware and any other cups, glasses, or other containers normally used for serving drinks;
        4. (iv) Ice, water, soft drinks, and any other nonalcoholic beverages; and
        5. (v) Other alcoholic beverages manufactured on the premises.
      2. (B) Tastings under subsection (i) shall be limited to one-half ounce (½ oz.) of alcohol per stock keeping unit (sku) per tasting;
    2. (2) Any manufacturer licensed under this section shall be permitted to rent or lease out any portion of their premises for any event, with or without charge, whether the event is public, private, requires a special occasion license as defined in § 57-4-102, or catered by a caterer licensed pursuant to chapter 4, part 1 of this title. Events cannot be held on the bonded premises or general premises of the manufacturer, as defined in 27 CFR part 19, unless the manufacturer has obtained prior approval from the alcohol and tobacco tax and trade bureau (TTB) for such events pursuant to federal regulations.
    3. (3) Owners, officers, employees, and representatives of any manufacturer licensed under this section shall be permitted to touch, handle, and pour product of such manufacturer at any and all tastings permitted by law, including, but not limited to, consumer education seminars, employee education seminars, retail sales demonstrations, consumer tastings, private events, events requiring a special occasion license as defined in § 57-4-102, and any and all tastings permitted under this chapter, and any rules or regulations promulgated.
    4. (4) In the event of a conflict between any other law in this title and this subsection (k), this subsection (k) shall govern.
  12. (l)
    1. (1) A person applying for or renewing a license under this section shall provide the following information to the commission with regard to individuals or entities with more than a ten percent (10%) direct or indirect interest in the manufacturer or distiller to be licensed:
      1. (A) The name of each such individual or entity;
      2. (B) The percentage of ownership; and
      3. (C) All other information requested by the commission.
    2. (2) A person applying for or renewing a license under this section shall provide the following information to the commission with regard to individuals or entities with a ten percent (10%) or less direct or indirect interest in the manufacturer or distiller to be licensed:
      1. (A) The name of each such individual or entity; and
      2. (B) The percentage of ownership.
    3. (3)
      1. (A) A person who is applying for or renewing a license that has more than twenty (20) owners is not required to provide the information required by subdivisions (l)(1) and (2); provided, however, that an individual owner with a direct or indirect interest of more than ten percent (10%) shall provide the commission with the information in subdivisions (l)(1)(A)-(C) if requested to do so by the commission.
      2. (B) The commission may require additional information under this subdivision (l)(3) that is necessary for the commission to verify compliance with this chapter and all other applicable laws, except that with respect to an owner with a ten percent (10%) or less direct or indirect interest in a manufacturer or distiller under this section where the owner affirms or attests to the commission that such owner is eligible to have such an interest pursuant to this chapter and other applicable laws, then the commission shall not request additional information regarding such owner, unless the commission has reason to believe that such affirmation or attestation is false.
  13. (m)
    1. (1) A manufacturer licensed under this section may enter into an alternating proprietorship agreement with one (1) or more manufacturers, subject to the restrictions of this subsection (m).
    2. (2) Parties to an alternating proprietorship agreement may alternate the use of a bonded or general premises, or both, or part of a bonded or general premises, or both, for the purpose of manufacturing alcoholic beverages, including high alcohol content beer.
    3. (3) A manufacturer that is a party to an alternating proprietorship agreement shall maintain a room or separate area of the general premises that is exclusively occupied by that manufacturer and is not alternated with another manufacturer. There is no size requirement for this exclusive premises.
    4. (4) Each manufacturer that is a party to an alternating proprietorship agreement shall individually receive approval of the agreement from the TTB and the commission prior to commencing operations at the general premises.
    5. (5) A manufacturer seeking approval for an alternating proprietorship agreement shall submit to the commission:
      1. (A) A description of the areas, equipment, resources, rooms, or buildings, or combination of areas, equipment, resources, rooms, or buildings, that will alternate between manufacturers;
      2. (B) Diagrams of the parts of the general premises that will and will not be alternated;
      3. (C) A copy of the written alternating proprietorship agreement between manufacturers; and
      4. (D) An acknowledgement from each manufacturer that they will maintain adequate records that track the alternating premises. Such records are subject to inspection by the commission upon request.
    6. (6) The commission may require additional information under this subsection (m) that is necessary for the commission to verify compliance with this chapter and other applicable laws.
    7. (7) Only the manufacturer participating in an alternating proprietorship agreement that is the property owner or primary lessee of the general premises may exercise retail rights and privileges under this subsection (m). If there are two (2) or more manufacturers that are property owners or are primary lessees, only one (1) manufacturer may exercise the retail rights and privileges under this subsection (m).
    8. (8) The manufacturers that are parties to an alternating proprietorship agreement must not be owned by the same individual or entity or by substantially similar ownership. “Substantially similar ownership” includes, but is not limited to:
      1. (A) An individual who owns more than a forty percent (40%) interest in two (2) or more of the manufacturers that are parties to the alternating proprietorship agreement;
      2. (B) An individual who owns a manufacturer that is a party to the alternating proprietorship agreement whose spouse is the owner of another manufacturer that is a party to the agreement; or
      3. (C) A manufacturer that is a party to the alternating proprietorship agreement that is owned by a trust that is for the benefit of an owner of another manufacturer that is a party to the agreement or the owner's spouse or children.
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  14. (n) A manufacturer licensed under this section may purchase wine from Tennessee wineries and Tennessee farm wine producers, licensed pursuant to § 57-3-207, and such wine, and any product that may result from the blending, distilling, or fortifying of such wine by the manufacturer, is the sole property of the manufacturer. The manufacturer, winery, or farm wine producer may transport the wine from the Tennessee winery or Tennessee farm wine producer. The transactions are not subject to taxation.
  15. (o) A manufacturer licensed under this section may distill, blend, and fortify wine of a winery or farm wine producer on behalf of the winery or farm wine producer; provided, that the manufacturer does not add to the wine distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine, and such distilled, blended, or fortified wine is the sole property of the winery or farm wine producer. The manufacturer, winery, or farm wine producer may transport the wine from the Tennessee winery or Tennessee farm wine producer. The manufacturer, winery, or farm wine producer may transport the distilled, blended, or fortified product back to the winery or farm wine producer. The transactions are not subject to taxation.
Backlinks (18)
History (21)
  • Acts 1939, ch. 49, § 6
  • 1945, ch. 167, § 3
  • 1949, ch. 284, § 5
  • C. Supp. 1950, § 6648.11 (Williams, § 6648.9)
  • impl. am. Acts 1963, ch. 257, § 18
  • Acts 1975, ch. 234, § 1
  • 1976, ch. 838, § 1
  • T.C.A. (orig. ed.), § 57-115
  • Acts 2006, ch. 616, § 1
  • 2012, ch. 968, § 5
  • 2013, ch. 445, § 3
  • 2014, ch. 1001, § 7
  • 2014, ch. 1015, §§ 8, 9
  • 2016, ch. 976, §§ 1, 2
  • 2017, ch. 295, § 1
  • 2018, ch. 1027, § 1
  • 2019, ch. 94, § 1
  • 2020, ch. 774, § 1
  • 2021, ch. 329, § 2
  • 2022, ch. 689, § 2
  • 2023, ch. 131, §§ 1, 2.
§ 57-3-203. Wholesaler's licenses — Qualifications of applicants — Permits — Salespersons — Employees — Fees — Disposition of alcoholic beverages after nonlicensed persons secure title.
  1. (a) Any person, or general or limited partnership desiring to sell at wholesale any alcoholic spirituous beverage shall make application to the commission for a license so to do, which application shall be in writing and verified, on the forms herein authorized to be prescribed and furnished; thereupon the commission may grant such license subject to the restrictions of this chapter.
  2. (b)
    1. (1) Each applicant for a wholesale license 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. Such wholesaler's license, however, shall not be issued unless and until there shall be paid to the commission a separate license fee therefor of three thousand dollars ($3,000), and no license shall be issued except to individuals who are citizens of this state and either have been for at least the two (2) years next preceding citizens of this state or have been citizens of this state at any time for at least fifteen (15) consecutive years.
    2. (2) Notwithstanding any law to the contrary, it shall be lawful for any qualified applicant, including a corporation meeting the requirements of subsection (f), to receive and operate under both an alcoholic beverage wholesaler's license issued pursuant to this part, and a beer wholesaler's license issued pursuant to § 57-5-102, upon satisfying all federal, state and local registration and permitting requirements applicable to both operations. Nothing in this title is intended or shall be construed to prohibit a wholesaler licensed under this part or under chapter 5 of this title from holding more than one (1) license or permit for the wholesale of alcoholic beverages or beer in this state.
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  3. (c) No wholesale alcoholic spirituous beverage license shall be issued until the applicant has secured a basic permit to engage in the wholesale liquor business from the federal government.
  4. (d)
    1. (1) Each representative or salesperson of any wholesale licensee in this state must obtain a permit from the commission before soliciting orders from retail licensees. No other person shall be allowed to solicit orders for alcoholic beverages from retail licensees, and retail licensees shall not give an order to anyone other than the holder of a wholesale salesperson's permit.
    2. (2) Where a wholesaler licensed under this part also maintains a beer wholesale operation as provided in subdivision (b)(2), it shall be lawful for anyone holding a permit pursuant to this subsection (d) to carry out similar duties with respect to such beer wholesale operation; provided, that the permit holder has also satisfied any legal requirements applicable to such function within a beer wholesale operation.
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  5. (e)
    1. (1) Every wholesale licensee shall, before employing any person to dispense alcoholic beverages, secure from the commission an employee's permit authorizing such person to serve as an employee in the place of business of such wholesaler. It is made the duty of the wholesaler to see that each person dispensing alcoholic beverages in the wholesaler's place of business has an employee's permit as above required, which permit must be on the person of such employee or upon the premises of the licensee at all times, subject to inspection by the commission or its duly authorized agent. Nothing in this subdivision (e)(1) requires an employee of a wholesaler to obtain a permit unless the employee is directly involved with the delivery or sale of alcoholic beverages. Employees involved only in warehousing, administrative, or clerical services for a wholesaler are not required to obtain a permit under this subdivision (e)(1).
    2. (2) Where a wholesaler licensed under this part also maintains a beer wholesale operation as provided in subdivision (b)(2), it shall be lawful for anyone holding a permit pursuant to this subsection (e) to carry out similar duties with respect to such beer wholesale operation; provided, that the permit holder has also satisfied any legal requirements applicable to such function within a beer wholesale operation.
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  6. (f)
    1. (1) A wholesaler's license may, in the discretion of the commission, be issued to a corporation; provided, that no license shall be issued to any corporation unless such corporation meets the following requirements:
      1. (A) All of its capital stock must be owned by individuals who have been residents of Tennessee for not less than five (5) years next preceding or who at any time have been residents of this state for at least fifteen (15) consecutive years, and who have not been convicted within a period of five (5) years preceding acquisition of such stock for violation of either state or United States prohibition laws or revenue laws relating to intoxicating liquors;
      2. (B) No person owning stock in such corporation shall have any interest as partner or otherwise in a business licensed to engage in the retail sale of intoxicating liquors in Tennessee;
      3. (C) No stock of any corporation licensed under this subsection (f) shall be transferred to any person who has not been a resident of Tennessee for at least five (5) years next preceding or who at any time has not been a resident of Tennessee for at least fifteen (15) consecutive years.
    2. (2) The commission is hereby authorized to revoke the wholesale license of any corporation which fails to comply with this subsection (f).
  7. (g) Notwithstanding subsection (f), the commission, in its discretion, may issue a wholesale license to any corporation which has been domiciled in this state for twenty-five (25) years, or which has acquired substantially all of the assets of a Tennessee partnership (or limited liability company) which partnership (or limited liability company) has been continuously operating in this state for ten (10) years where such corporation has the majority of its assets located in this state and all of whose officers in actual control of the wholesale operations shall be actively present at the licensed premises and who are in actual charge of the operations of the wholesaler substantially full- time. If any officers of such corporation have been convicted of any violation of the criminal code or of any violation relating to the enforcement of the liquor laws, no license under this subsection (g) shall issue.
  8. (h) If at any time subsequent to the granting of a wholesale liquor license to any such corporation, the majority of its assets shall cease to remain and be located in this state, and if any of its active officers shall cease to be residents of Tennessee, then the commission, within its discretion, shall have the right to revoke such license. The commission is further granted the right to make investigations at any time to ascertain if the majority of the assets of such corporation are located within this state and whether all of its active officers are residents of Tennessee, as above set out, and should its findings be in the negative, it may revoke such license. The foregoing shall apply irrespective of the provisions contained in § 57-3-404(d).
  9. (i)
    1. (1) No license entitling the holder thereof to sell or deal in alcoholic spirituous beverages at wholesale shall be granted except in respect to premises situated within either a county having a population in excess of one hundred twenty thousand (120,000), according to the 2010 federal census or any subsequent federal census, or a county in which the voters of any municipality or other jurisdiction within that county have approved retail package sales or consumption of alcoholic beverages on premises by referendum as provided in this title.
    2. (2) Notwithstanding the requirement imposed in subdivision (i)(1), a wholesale liquor license, limited to the sale and distribution of wine only, not to exceed six thousand (6,000) cases of wine per year, may be issued to an entity that is located in any municipality which:
      1. (A) Has authorized the sale of alcoholic beverages for consumption on the premises pursuant to § 57-4-103;
      2. (B) Has a bond rating of AAA issued by a nationally recognized bond rating agency; and
      3. (C) Is located within a county which has a bond rating of AAA issued by a nationally recognized bond rating agency.
  10. (j) When a person not licensed under this chapter secures title to any alcoholic beverage owned by a wholesaler as a result of a default on loans or revocation of license, the manufacturer, rectifier, distiller or vintner who sold the alcoholic beverage to the wholesaler shall purchase the alcoholic beverage from the nonlicensed person who secured title in order that the creditors are satisfied. Any manufacturer, rectifier, distiller or vintner who fails within thirty (30) days following default or revocation of license of the wholesaler to effect the purchase from the nonlicensed person who secured title shall not be allowed to ship or sell any alcoholic beverage in this state until the purchase is effected.
Backlinks (41)
History (20)
  • Acts 1939, ch. 49, § 7
  • 1945, ch. 167, § 4
  • 1947, ch. 73, § 1
  • 1947, ch. 166, § 1
  • 1949, ch. 284, §§ 3, 5
  • C. Supp. 1950, § 6648.12 (Williams, § 6648.10)
  • Acts 1951, ch. 98, § 1
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1961, ch. 145, §§ 1, 2
  • impl. am. Acts 1963, ch. 257, §§ 11, 19
  • Acts 1967, ch. 215, § 3
  • 1972, ch. 656, § 1
  • 1976, ch. 505, §§ 1, 2
  • T.C.A. (orig. ed.), § 57-116
  • Acts 1995, ch. 396, §§ 2, 3
  • 2004, ch. 876, § 5
  • 2012, ch. 592, § 1
  • 2013, ch. 394, § 1
  • 2014, ch. 554, §§ 21-24
  • 2017, ch. 443, § 5.
§ 57-3-204. Retailer's licenses — Fees — Disposition of alcoholic beverages after retailer ceases doing business — Sale by manufacturer and other entities.
  1. (a) For the retail sale of alcoholic spirituous beverages, including beer and malt beverages, as in this chapter defined, a license may be issued as herein provided. Any person, firm, or corporation desiring to sell alcoholic spirituous beverages, including beer and malt beverages, to patrons or customers, in sealed packages only, and not for consumption on the premises except for conducting tastings pursuant to § 57-3-404(h)(2), shall make application to the commission for a retailer's license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission may, subject to the restrictions of this chapter, issue such retailer's license. If the premises with respect to which the license is sought is owned by a person, firm or corporation not the applicant, the application shall include the name and address of the owner. If the ownership of the premises should change after a license is granted, the licensee shall, within ten (10) days after becoming aware of such change in ownership, notify the commission in writing of the name and address of the new owner.
  2. (b)
    1. (1) Each applicant for a retail license 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 retailer's license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of eight hundred fifty dollars ($850).
    2. (2) No retail license under this section may be issued to any individual:
      1. (A) Who has been convicted of a felony under the laws of this state, any other state or the United States;
      2. (B) Who has had a license related to the manufacture, sale or distribution of any form of alcoholic beverages revoked for cause;
      3. (C) Who is not twenty-one (21) years of age or older;
      4. (D) Who has an interest, whether direct or indirect, in a manufacturer, distiller, rectifier, liquor wholesaler, winery, distributor, retail food store or farm winery selling alcoholic beverages that is licensed in this state, except that the spouse of an applicant for a retail license may own and hold a farm wine permit if the spouse does not hold a retailer's license issued under this section;
      5. (E) Who, other than as a member of the governing body of a city or county, appoints or supervises any law enforcement officer, who is a law enforcement official or who is an employee of the commission;
      6. (F) Who intends to carry on the business authorized by the license as the agent or on behalf of another;
      7. (G) Who at the time of the time of application for renewal of any license issued under this section would not be eligible for the license upon a first application;
      8. (H) Who is the holder of a valid existing license issued for the sale of wine in a retail food store under § 57-3-803, and amendments thereto;
      9. (I) Who does not own the premises for which a license is sought, or does not, at the time of application, have a written and enforceable lease thereon;
      10. (J) Whose spouse would be ineligible to receive a license under this section for any reason other than citizenship or age, except that this subdivision (b)(2)(J) shall not apply in determining eligibility for a renewal license; and
      11. (K) Whose spouse has been convicted of a felony or other crime that would disqualify a person from licensure under this section and such felony or other crime was committed during the time that the spouse held a license under this section.
    3. (3) The commission may issue a retail license to a corporation; provided, that no such license may be issued to, transferred to, or maintained by a corporation if:
      1. (A) An officer, director, or stockholder owning capital stock in the corporation would be ineligible to receive a retailer's license for a reason specified in subdivision (b)(2), if application for such retail license had been made by the officer, director, or stockholder in their individual capacity; or
      2. (B) A person owning stock in such corporation has an interest as partner or otherwise, either direct or indirect, in a business licensed to engage in the distribution of liquor, spirits, wine, or high alcohol content beer in this state.
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  3. (c)
    1. (1) If a retail licensee ceases to do business through the voluntary or involuntary loss of the licensee's license, or if a person not licensed under this chapter obtains title to alcoholic beverages of a retail licensee as a result of a defaulted loan or execution, the wholesaler who sold the alcoholic beverages to the retailer shall purchase such alcoholic beverages from the retailer at a base price of the wholesalers' laid-in cost of such alcoholic beverage. A wholesaler shall be permitted an offset or charge against such payment for any outstanding obligation owed to the wholesaler by such licensee or for reasonable labor, restocking and transportation charges.
    2. (2) Any licensee objecting to the reasonableness of the offset or charge may petition the commission to review such, and shall designate the wholesaler as a respondent. The commission shall conduct a contested case hearing pursuant to the Uniform Administrative Procedure Act, compiled in title 4, chapter 5, part 3, to consider the objection.
    3. (3) The obligation imposed on a wholesaler under this section does not apply to any product which:
      1. (A) Is damaged or cannot be legally sold in this state;
      2. (B) Is not sold to a retailer within one hundred eighty (180) days of demand for repayment;
      3. (C) The wholesaler from whom the product was purchased is not the designated distributor pursuant to § 57-3-301, at the time demand is made;
      4. (D) Product contains a price tag not readily removable; or
      5. (E) Is sold in a commemorative bottle, seasonal decanter or other novelty container.
    4. (4)
      1. (A) Notwithstanding § 57-3-406(b), if a retail licensee is not in debt to a wholesaler for any credit law violations or refused check and provides a thirty-day irrevocable notice of surrender to the commission prior to the termination of the license, the licensee shall be able to sell any unopened bottle inventory to any customer below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler so long as the price is not lower than ten percent (10%) of such purchase price.
      2. (B) A retail licensee selling a product in accordance with this section shall not subsequently purchase that product from the wholesaler prior to termination of the license.
      3. (C) A retail licensee unable to sell product in accordance with this subdivision (c)(4) shall be able to keep the remaining product for personal use.
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  4. (d)
    1. (1) A manufacturer licensed under § 57-3-202, or under chapter 2 of this title, is authorized to obtain a license under this section for the retail sale of alcoholic beverages or products containing alcohol subject to the further restrictions of this subsection (d).
    2. (2) A manufacturer seeking to obtain a retail license under this subsection (d) shall apply to the commission on such forms as the commission may prescribe.
    3. (3) A retail license issued under this subsection (d) may be located only on the licensed premises of the manufacturers and may be located on such premises whether or not such premises is located in a jurisdiction which has authorized retail sale of alcoholic beverages pursuant to § 57-3-106.
    4. (4) A manufacturer licensed to sell at retail at its retail location under this subsection (d) may sell only such products as are manufactured on the manufacturer's premises; provided, that at such retail location no more than five gallons (5 gals.) or one-sixth (⅙) of a barrel of its products may be sold to any one (1) individual per visit to the premises.
    5. (5) Notwithstanding any other law to the contrary, a retail licensee, held by a manufacturer or distiller, may serve samples of the product manufactured or distilled at the premises to any person of legal drinking age without cost or may include such samples as part of a tour of the manufacturer's or distiller's premises available to the public with or without cost. Such samples may be made available at either the premises of the retailer or at such other location on the premises of the manufacturer or distiller holding such retail license which other location has been disclosed to the commission and may be any location on the premises permitted by federal law.
    6. (6) If the retail license under this subsection (d) is held by a manufacturer of high alcohol content beer authorized to manufacture such beverages, then:
      1. (A) Notwithstanding any other law, the retailer may sell its products at such retail location which are manufactured on the manufacturer's premises in accordance with subdivisions (d)(6)(B) and (C) in sizes and containers that are made available through the general wholesale/retail distribution system; provided, that subsection (e) related to the delivery of alcoholic beverages by wholesalers shall be applicable;
      2. (B)
        1. (i) Such retailer may also offer and sell beer, as beer is defined in § 57-5-101(b), for consumption on or off-premises, at the same physical location at which it offers samples of and sells its high alcohol content beer; provided, that such beer and high alcohol content beer is brewed on the manufacturer's premises located at the retail location; and further provided, that such manufacturer may distribute such beer as defined in § 57-5-101(b) only to wholesalers licensed pursuant to chapter 5 of this title. A wholesaler of such products may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections;
        2. (ii) Notwithstanding any other law to the contrary, the hours and days on which such beer or high alcohol content beer may be sold at retail by a manufacturer authorized to manufacture such beverages pursuant to § 57-2-103(f) shall be as set by the governing body of the local jurisdiction in which the manufacturer is located, and such governing body shall further have the authority to authorize the sale of high alcohol content beer and beer within the same store notwithstanding § 57-3-404(e)(1);
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      3. (C) Such retailer may sell no more than five gallons (5 gals.) or one-sixth (⅙) of a barrel of beer or high alcohol content beer or any combination of such beverages to any one (1) individual per visit to the premises.
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  5. (e)
    1. (1) A manufacturer licensed under chapter 2 of this title, or this chapter 3, may distribute alcoholic beverages or products containing alcohol only to a wholesaler licensed pursuant to § 57-3-203 where such alcoholic beverages or products are intended for sale at retail in this state; provided, however, that, where such alcoholic beverages are not intended for resale, a manufacturer may make complimentary distributions as allowed by § 57-3-404 and on a periodic basis to its employee or employees in the normal course of employment and to others not licensed under this chapter for routine business or marketing purposes. A wholesaler may permit a manufacturer to deliver its products to the retail premises operated by such manufacturer directly; provided, that the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections imposed pursuant to §§ 57-3-302, 57-6-201 and 57-3-501.
    2. (2) No wholesaler may restrict the sale of its products to a retail license held by a manufacturer but must make its products available to any retailer licensed under this section.
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  6. (f)
    1. (1) Subsection (d) applies only in those jurisdictions where the voters have approved the sale of alcoholic beverages for off-premises consumption by referendum held pursuant to § 57-3-106 or where the voters have, by local option election, approved the issuance of such special retail license. A special local option election as authorized by this subsection (f), shall be conducted in the manner prescribed in § 57-3-106; provided, that the question submitted to the voters shall be in the following form:
      2. To permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in (here insert jurisdiction).
      3. Not to permit licensed manufacturers to obtain a license to sell alcoholic beverages at retail in (here insert jurisdiction).
    2. (2) In any county having within its boundaries a manufacturer, where the voters of municipalities located within such county have approved the sale of alcoholic beverages, pursuant to § 57-3-106, and where the total population of such municipalities exceeds fifty percent (50%) of the population of the county, no such referendum shall be required; provided, that the authorized retail sales by a manufacturer where no referendum is required is not effective until January 1, 1995.
  7. (g)
    1. (1) A restaurant licensed by the commission pursuant to § 57-4-101(a)(1) may also own, or operate, a separate retail license issued under this section to permit off-premise consumption, if such entity satisfies the further conditions of either subdivision (g)(2) or (g)(3).
    2. (2)
      1. (A) Notwithstanding the restrictions of § 57-3-208, a restaurant or its affiliate may own or operate a license issued pursuant to § 57-3-204 if:
        1. (i) The retail licensee is located within the same structure as the restaurant in a defined section or portion of the structure as approved by the commission;
        2. (ii) The retail package store and the restaurant are located in a structure constructed prior to 1925 that is placed on the national register of historic places;
        3. (iii) The structure within which such retail package store and restaurant are located shall not be closer than three hundred feet (300′) nor more distant than three hundred fifty feet (350′) from a federal interstate highway;
        4. (iv) The structure within which such retail package store and restaurant are located shall be no farther than one hundred feet (100′) from a public park adjacent to a navigable waterway, and shall be no closer than five hundred feet (500′) nor more distant than five hundred fifty feet (550′) from a railway station providing commuter rail service that railway employs standard gauge locomotives and coaches; and
        5. (v) The structure within which such retail package store and restaurant are located shall be located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
      2. (B) Notwithstanding § 57-3-208, the retail license issued pursuant to this subsection (g) to a restaurant or its affiliate shall be subject to the requirements of this title. It shall be the duty of the commission to verify that all persons owning or operating a retail license issued under this subdivision (g)(2) meet the qualifications to receive a license.
    3. (3)
      1. (A) Notwithstanding the requirements of § 57-3-208, a restaurant, or its affiliate, may also own or operate a license issued pursuant to § 57-3-204, if:
        1. (i) The location of the retail licensee is in the same structure as the restaurant; provided, the retail operations are conducted in a portion of the structure as identified to and approved by the commission;
        2. (ii) The structure within which the restaurant and the retail licensee are located is situated on:
          1. (a) A tract or tracts of land having at least twenty-four (24) contiguous acres;
          2. (b) Land adjacent to a federal interstate highway; and
          3. (c) Property no farther than two hundred fifty feet (250′) from a commercial railroad tract, upon which tracts of land there is a residence constructed prior to 1860 and upon which tracts is located a historic stable and carriage house;
        3. (iii) The retail licensee is owned or authorized to be operated by an entity recognized as exempt from taxation under Internal Revenue Code Section 501(c)(3) (26 U.S.C. § 501(c)(3)); and
        4. (iv) The retail licensee is located within a county having a metropolitan form of government with a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
      2. (B) Notwithstanding § 57-3-208, any retail license issued pursuant to this subdivision (g)(3) shall be subject to the requirements of this title. It shall be the duty of the commission to verify that the entity owning or operating the retail license meets the qualifications of this subdivision (g)(3) and that all of the owners or operators authorized by the nonprofit entity to operate the license otherwise qualify under this title.
  8. (h)
    1. (1) Notwithstanding this section or § 57-3-208, a terminal building of a commercial air carrier airport that is a member of the Tennessee Association of Air Carrier Airports may obtain a retail license under this section authorizing the licensee to sell alcoholic beverages at retail in accordance with this subsection (h).
    2. (2) A retail license issued under subdivision (h)(1) authorizes a terminal building of a commercial air carrier airport to operate one (1) or more noncontiguous retail stores located within the area of the terminal building secured by the transportation security administration or its successor organization.
    3. (3) A retail store licensed under this subsection (h):
      1. (A) May sell alcoholic beverages that:
        1. (i) Are manufactured within this state;
        2. (ii) Are packaged in tamper-resistant sealed packages; and
        3. (iii) Indicate on the packaging that the customer is prohibited from consuming the alcoholic beverage until the customer reaches the customer's final destination;
      2. (B) Notwithstanding § 57-3-406(e) and (h), may sell alcoholic beverages on any day and during any hours during which the terminal building of a commercial air carrier airport is authorized to sell alcoholic beverages for on-premises consumption;
      3. (C) May store inventory at one (1) or more secure locations other than the premises of the retail store that are located within the terminal building;
      4. (D) May transfer and transport inventory to and from storage locations; and
      5. (E) Shall not conduct consumer educational seminars or authorize its employees or agents to receive complimentary samples at a sales demonstration under § 57-3-404(h).
    4. (4) Subsection (a) and subdivisions (b)(1), (2), (3)(A), and (3)(C) shall apply to retail stores licensed under this subsection (h).
    5. (5) The commission shall verify that a terminal building of a commercial air carrier airport meets all qualifications for licensure under this subsection (h) prior to issuing a license.
    6. (6) As used in this subsection (h), unless the context otherwise requires, “terminal building of a commercial air carrier airport” has the same meaning as defined in § 57-4-102.
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History (30)
  • Acts 1939, ch. 49, § 8
  • 1945, ch. 167, § 5
  • 1949, ch. 284, §§ 4, 5
  • C. Supp. 1950, § 6648.13 (Williams, § 6648.11)
  • impl. am. Acts 1963, ch. 251, § 20
  • Acts 1972, ch. 656, § 1
  • 1976, ch. 505, §§ 1, 2
  • 1977, ch. 461, § 1
  • T.C.A. (orig. ed.), § 57-117
  • Acts 1980, ch. 771, § 2
  • 1981, ch. 156, §§ 1, 2
  • 1984, ch. 746, § 1
  • 1988, ch. 836, § 1
  • 1990, ch. 794, §§ 1, 2
  • 1993, ch. 368, §§ 1, 2
  • 1995, ch. 214, § 1
  • 1995, ch. 396, §§ 4, 5
  • 1996, ch. 925, § 1
  • 1997, ch. 543, §§ 1-3
  • 2004, ch. 876, § 3
  • 2009, ch. 395, § 3
  • 2010, ch. 788, §§ 1, 2
  • 2010, ch. 1009, § 5
  • 2011, ch. 448, §§ 13, 15, 16
  • 2012, ch. 947, § 3
  • 2014, ch. 554, §§ 15, 27, 32
  • 2015, ch. 428, § 1
  • 2016, ch. 1068, § 1
  • 2018, ch. 783, §§ 5, 7-10
  • 2021, ch. 59, §§ 1-5.
§ 57-3-205. Location of retail license restricted.
  1. (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.
  2. (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.
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History (4)
  • 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.
§ 57-3-206. Collection and disposition of wholesale and retail dealers license fees.
  1. 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.
History (5)
  • 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.
§ 57-3-207. Grape and Wine Law.
  1. (a) This section shall be known and may be cited as the “Grape and Wine Law.” This section shall prevail over any conflicting statutory provision.
  2. (b) A winery license may be issued as provided in this section for the manufacture of wine, and as described in subsection (u), through the normal alcoholic fermentation of grapes and other suitable agricultural products, upon a verified, written application to the commission on the proper form authorized to be prescribed and furnished in this section, and the application may be granted by the commission, subject to the restrictions of this chapter. A winery licensed under this section may also blend wine manufactured by the winery with other wine, fortified wine, distilled wine, or non-alcoholic products; provided, that the winery does not add to the wine distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine. The winery license authorizes the holder of the license to place the wine in containers or bottles. Out-of-state residents may apply for and obtain a winery license issued in accordance with this section.
  3. (c) Each applicant for a winery license issued pursuant to this section 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. The license shall not be issued until a license fee of one hundred fifty dollars ($150) is paid to the commission by the winery, but issuance of the license is exempt from the requirements of § 57-3-106. 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.
  4. (d) No winery license shall be issued except to persons who have not been convicted, and whose officers and principals have not been convicted, within a period of five (5) years preceding application of any felony or any violation of any state or federal laws relating to alcoholic beverages.
  5. (e) Notwithstanding this section, a private individual in that person's own home may manufacture wine in an amount not in excess of that amount annually permitted as of March 22, 1973, by federal statute and regulations relative to household manufacture and consumption; provided, that the wine is for personal consumption by members of that person's household.
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  6. (f)
    1. (1) A winery licensed under this section may, to the extent permitted under federal law, serve wine, with or without charge, as samples for tasting on the premises at the winery and may sell wine at retail in sealed containers at the winery.
    2. (2) A winery licensed under this section may donate wine without charge to nonprofit religious, educational or charitable institutions or associations.
    3. (3) For purposes of this section, “premises” means any and all of the real property owned or leased by the winery.
  7. (g) A winery licensed under this section may exchange wine in bulk with other wineries and the bulk exchange, whether in return for wine or other consideration, shall not be considered a sale subject to tax.
  8. (h)
    1. (1) In addition to its own wine, a winery or farm winery permit holder is authorized to sell at retail items related to or incidental to the use, consumption, dispensing, or storage of wine on the licensed premises. Such items may include, but are not limited to:
      1. (A) Juices or concentrates derived from juices, or any agricultural products;
      2. (B) Items used in home winemaking;
      3. (C) Gift or tourism related items including baskets or gift cards;
      4. (D) Utensils and supplies related or incidental to the use, consumption, dispensing or storage of wine, including, without limitation, wine glasses, corkscrews, beverage strainers, pourers, flasks, jiggers, stirrers, wine racks, wine refrigerators, wine cellars, pouring aids, coasters, bottle stoppers, decanters, carafes, glassware, ice crushers, bottle openers, can openers, and devices to maximize oxidation in uncorked wine bottles and other items used in connection with the consumption, storage, or dispensing of wine;
      5. (E) Fruit, cheese, appetizers, chips, pretzels, and other snack foods or food items served to pair with wine;
      6. (F) Nonalcoholic beverages;
      7. (G) Ice, beverage coolers, and ice chests;
      8. (H) Articles of clothing, accessories, and souvenir items imprinted with advertising, logos, slogans, trademarks, or messages related to wine or the winery's name;
      9. (I) Smoking or tobacco related products; and
      10. (J) Wine literature, cookbooks, or periodicals.
    2. (2)
      1. (A) A winery or farm winery permit holder is not authorized to sell at retail:
        1. (i) Alcoholic beverages other than wine, and as described in subsection (u);
        2. (ii) Except as otherwise provided in subsection (v), wine that is not manufactured or bottled on the licensed premises, or in the case of a farm winery permit holder, wine that was not made pursuant to subsection (o); or
        3. (iii) Beer.
      2. (B) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a license pursuant to § 57-4-101, as authorized by subsection (s), and engaging in the activities permitted under such license.
      3. (C) Nothing in this subsection (h) shall prohibit a winery or farm winery permit holder from holding a beer license for on-premises consumption and engaging in the activities permitted under such license.
    3. (3)
      1. (A) A winery licensed under this section that satisfies the requirements of subdivision (h)(3)(B) may sell alcoholic beverages on the premises of the winery if the label of the alcoholic beverage product sold contains the name of the winery or is so intrinsically related to the property upon which the winery is located as to be identified as a product of or created for the winery.
      2. (B) A winery exercising the rights conferred by subdivision (h)(3)(A) must satisfy the following requirements:
        1. (i) The winery is located on a tract or tracts of land having at least twenty-four (24) contiguous acres;
        2. (ii) The winery is located on property adjacent to a federal highway;
        3. (iii) The winery is located on property with a commercial railroad track not more than two hundred fifty feet (250′) from the nearest property line;
        4. (iv) The winery is located on property with a structure that was originally constructed prior to 1860 as a private residence;
        5. (v) The winery is located on property that is leased or owned by a not-for-profit corporation exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3); and
        6. (vi) The winery is located on property located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
  9. (i) A winery licensed under this section located in this state may sell no more than five (5) cases or sixty (60) liters of wine to any single retail customer in one (1) day. It shall be legal for any purchaser of wine from a winery licensed under this section to transport into and within this state no more than five (5) cases or sixty (60) liters of wine in one (1) day. Any wine transported pursuant to this section must be accompanied by a bill of sale sufficiently identifying the nature, quantity, purchaser, date and place of purchase of the wine. Bills of sale purchased from out-of-state wineries licensed under this section must reflect that the wine was purchased for transport into this state and that Tennessee taxes have been paid. Any person transporting such wine in excess of five gallons (5 gals.) shall have with the shipment a receipt or other documentation demonstrating that the wine was purchased from a winery as licensed in this section.
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  10. (j) Any licensee or other person who sells, furnishes, disposes of, gives or causes to be sold, furnished, disposed of or given, any wine in this state or for transport into this state, to any person under the age of majority as established by § 57-4-203(b), commits a Class A misdemeanor.
  11. (k) The commission is empowered and authorized to promulgate such rules and regulations as may be necessary to carry out the duties of the commission as provided in this section, including, but not limited to, procedures governing the production, sale and transportation of wine. The commissioner of revenue shall establish procedures governing the keeping of records for tax purposes and the payment of taxes by a winery licensed under this section; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winery.
  12. (l) It is the duty of the commissioner of agriculture to disseminate the best information available as to the methods of cultivation of crops that may be utilized in Tennessee for the production of wine and the methods of making such wines. It is also the duty of the commissioner to establish reasonable procedures requiring proper sanitary conditions about the winery and to certify that these conditions have been met before the commission issues any license. The commissioner shall establish reasonable procedures requiring the process of producing wine to be carried on under proper sanitary conditions and in a sanitary manner; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winery.
  13. (m)
    1. (1) Any nonprofit association organized to encourage and support grape growing and winemaking with ten (10) or more wineries licensed under this section as members shall be allowed to hold not more than twelve (12) wine festivals per calendar year. Each festival shall not exceed a period of seventy-two (72) hours.
    2. (2) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport, serve and offer complimentary samples of their wines for tasting at the festival. The complimentary sample size shall be restricted to a one ounce (1 oz.) serving with only one (1) sample per person for each type of wine.
    3. (3) Any winery licensed under this section participating in a festival authorized by this subsection (m) shall be allowed to transport wine produced by that winery to sell at the festival for consumption off-premises.
    4. (4)
      1. (A) Any nonprofit association authorized by this subsection (m) to hold a wine festival shall apply for a special occasion license as defined in § 57-4-102, in order for participating wineries licensed under this section to serve complimentary samples as described in subdivision (m)(2) and to sell wine produced by the wineries for consumption off-premises.
      2. (B) Notwithstanding § 57-4-102(34)(A), a special occasion license issued for a wine festival authorized by this subsection (m) shall be for the duration of the festival for which application is made for a period not to exceed seventy-two (72) hours. A special occasion license issued pursuant to this subsection (m) shall only be available upon the payment of the fee as required by law for each separate day of the festival.
      3. (C) A nonprofit association authorized to conduct a wine festival pursuant to this subsection (m) shall be permitted to hold the festival in any municipality or county of the state in the manner provided in subdivision (m)(5).
    5. (5) A nonprofit association, as defined in subdivision (m)(1), is authorized to conduct a wine festival pursuant to this subsection (m) in a municipality or county of this state that has approved the sale of alcoholic beverages or has a licensed winery located in that municipality or county, subject to complying with all permit requirements of the municipality or county, and in all other municipalities or counties upon receiving approval of the legislative body of the municipality or county to hold such a festival at a location and in such manner authorized by such legislative body.
  14. (n) If any provision of this section or application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end the provisions of this section are declared to be severable.
  15. (o)
    1. (1) As used in this subsection (o):
      1. (A) “Farm” means a farming operation located in Tennessee consisting of commercial vineyards, fruit orchards or fruit gardens or any combination of such farming operations;
      2. (B) “Farm wine producer” means a farm which produces its own locally grown product from a vineyard, fruit orchard or fruit garden or any combination of such farming operations to be used in the making of wine; and
      3. (C) “Wine” means an alcoholic beverage containing a minimum of ninety-five percent (95%) of the product of vineyards, fruit orchards or fruit gardens grown and harvested at a farm as the wine being sold by the farm wine producer.
    2. (2) A farm wine permit may be issued as provided in this subsection (o) to a farm wine producer, upon verified, written application to the commission on the proper form authorized to be prescribed and furnished by the commission, and the application may be granted by the commission, subject to the further restrictions of this chapter, other than § 57-3-106.
    3. (3) Each applicant for a farm wine permit 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. The permit shall not be issued until a permit fee of one hundred fifty dollars ($150) is paid to the commission by the farm wine producer, but issuance of the permit is exempt from the requirements of § 57-3-106. 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.
    4. (4) The holder of a farm wine permit may:
      1. (A) Transport or have transported produce grown on the farm to a winery licensed pursuant to subsection (b), for the manufacture, bottling and labeling of wine from such produce;
      2. (B) Receive such wine back from the winery manufacturing, bottling and labeling the wine for the farm wine producer;
      3. (C) Offer on the premises of the farm single servings of its wine, with or without charge, as tastings for each wine sample; and
      4. (D) Sell at retail on the premises of the farm sealed containers of wine made from the produce of its vineyard, orchard or fruit garden in a designated building or area.
    5. (5) Subsections (d), (h), (i), (j), (m), (n), and (q) which apply to wineries shall also apply to farm wine permittees.
  16. (p)
    1. (1) A winery licensed under this section is authorized to receive produce from a farm wine producer grown on the farm for the purpose of manufacturing, bottling and labeling of wine for such producer. The wine label shall indicate the name of the farm where the fruit was grown and harvested and the name of the winery manufacturing, bottling and labeling such wine.
    2. (2) Such winery shall be responsible for the payment of the state gallonage tax imposed pursuant to § 57-3-302 and the federal alcoholic beverage excise taxes due and owing on the wine bottled by the winery prior to the bottled wine leaving the winery's bonded premises.
    3. (3) The winery is authorized to transport the wine from the winery back to the farm wine permit holder, notwithstanding § 57-3-107(b) or any other law to the contrary. It is lawful for common carriers to transport from the winery which manufactured, bottled and labeled such wine to the farm permit holder pursuant to an agreement or contract with a licensed winery.
  17. (q)
    1. (1) A winery licensed under this section that has a total annual wine production of fifty thousand gallons (50,000 gals.) or less shall be authorized to obtain an additional self-distribution permit from the commission subject to the obligations imposed in this subsection (q).
    2. (2) No self-distribution permit shall be issued to or held by a winery that has registered a distribution contract with a wholesaler licensed pursuant to § 57-3-203, if the terms of that contract include distribution rights for a county that is located, in whole or in part, within one hundred (100) miles of the licensed winery where the wine being distributed has been manufactured, produced, or bottled. Any winery holding a self-distribution permit that registers such a distribution contract with a wholesaler or whose total output in a calendar year exceeds fifty thousand gallons (50,000 gals.) shall cease self-distributing its wine under subdivision (q)(3) and shall promptly surrender the winery's self-distribution permit.
    3. (3) A winery seeking a self-distribution permit under this subsection (q) may distribute not more than three thousand (3,000) cases of wine manufactured, produced, or bottled on the winery's premises to any licensee holding a license issued pursuant to chapter 4, part 1 of this title, located within one hundred (100) miles of the winery's premises where such wine has been manufactured, produced, or bottled.
    4. (4) A winery engaged in self-distribution under this section shall be responsible for all taxes and records which are imposed upon a wholesaler under § 57-3-203 which result from any direct sales under this subsection (q).
    5. (5) The commission shall impose no additional fee or charge for the issuance of a self-distribution permit under this section.
  18. (r)
    1. (1) For purposes of this subsection (r), “satellite facility” means any facility or location other than the primary business location of a winery or farm wine producer.
    2. (2) Any winery or any farm wine producer licensed by this section may conduct business at any two (2) satellite facilities in any jurisdiction where it is lawful to manufacture intoxicating liquors or intoxicating drinks pursuant to § 57-2-103(c) and (d). At its satellite facilities, the winery may conduct any business that is authorized at the licensed winery, except for the manufacturing and bottling of wine. At its satellite facilities, a farm wine producer may conduct any business that is authorized at the premises of the farm wine producer.
    3. (3)
      1. (A) Any winery licensed by this section or any farm wine producer shall obtain a satellite permit for each satellite facility utilized by the winery or farm wine producer from the commission in order to:
        1. (i) Serve samples with or without charge;
        2. (ii) Sell wine for consumption on or off the permitted premises; and
        3. (iii) Sell any other products under subsections (h) and (o).
      2. (B) In addition to the permit authorized in subdivision (r)(3)(A), any winery licensed under this section that pays taxes under § 57-3-302(a) at its licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year or any farm wine producer licensed under this section may qualify for a satellite permit to authorize no more than three (3) such wineries, farm wine producers, or any combination thereof, to conduct business at one (1) satellite facility.
      3. (C) Any violation of any rule or statute by a satellite facility shall be deemed to be a violation by any winery or farm winery producer that participates in a satellite facility.
      4. (D) Any winery or farm winery producer, seeking to establish or operate a satellite facility shall disclose to the commission each winery or farm winery producer participating in the satellite facility. Any participant in a satellite facility shall provide any information requested by the commission prior to participating in the satellite facility.
    4. (4) A satellite permit issued to a winery or farm wine producer pursuant to this subsection (r) shall only be available upon the payment of a one-time application fee to the commission of three hundred dollars ($300) per satellite location and upon the payment of an annual license fee of one hundred fifty dollars ($150).
    5. (5)
      1. Any winery or farm wine producer licensed under this section that has obtained a satellite permit and elects to charge consumers for samples may only sell such samples that are manufactured by the winery or farm wine producer.
    6. (6)
      1. (A) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on more than fifty thousand gallons (50,000 gals.) of wine during a calendar year and that operate a satellite facility shall obtain wine provided at their satellite facilities from a wholesaler licensed pursuant to § 57-3-203. The wholesaler may permit the winery or farm wine producer to transport wine or finished wine product from the winery or the farm to its satellite facilities; provided, that the wholesaler includes the amounts delivered in its inventory, reports depletions for purposes of tax collection, and is responsible for the payment of taxes on such depletions.
      2. (B) Wineries and farm wine producers that pay taxes under § 57-3-302(a) at their licensed facility on fifty thousand gallons (50,000 gals.) or less of wine or finished wine product each calendar year are not required to obtain wine provided at their satellite facilities from a wholesaler. Wineries may transport wine or finished wine product from their wineries to their satellite facilities. Wineries may transport wine made from produce from farm wine producers to the producers' satellite facilities. Farm wine producers may transport wine from their farm to their satellite facilities.
      3. (C) Wine and finished wine product sold for consumption on the premises at the satellite facilities are subject to the same taxation as wine sold for consumption on the premises at the winery or on the premises of the farm wine producer.
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  19. (s)
    1. (1) Any winery or farm wine producer licensed pursuant to this section may qualify for and hold a license under chapter 4 of this title as a restaurant or limited service restaurant; provided, that notwithstanding chapter 4 of this title related to restrictions or prohibitions on licensees under chapter 4 of this title, a restaurant or limited service restaurant may sell for off-premises consumption, wine manufactured pursuant to this section at such location or at any other restaurant or limited service restaurant licensed under chapter 4 of this title that is owned by the same person.
    2. (2) Notwithstanding any law, rule, or regulation to the contrary, any winery or farm wine producer licensed under this section may serve wine manufactured by the winery or the farm wine producer for consumption on the premises of the winery or farm wine producer.
  20. (t)
    1. (1) Except as provided in subdivision (t)(2), any sale of wine authorized by this section for consumption on the premises at the winery or on the premises of the farm wine producer shall be subject to taxation pursuant to § 57-4-301(c) in addition to any sales tax which is due. The taxes shall be paid and collected in the manner prescribed by § 57-4-301 and the rules of the department of revenue promulgated under the authority of that section.
    2. (2) Nothing in this section authorizes the collection of taxes pursuant to § 57-4-301(c) for the sale of wine:
      1. (A) As samples for tasting, with or without charge, for consumption on the premises; or
      2. (B) At retail in sealed containers for consumption on the premises to the extent permitted under federal law.
  21. (u) Notwithstanding the term “wine” as defined in §§ 57-3-101, 57-3-802, and 57-4-102, wineries and farm wine producers licensed under this section may label and advertise wine made from apples as cider, apple cider, or hard cider; provided, that nothing in this subsection (u) shall affect the marketing of cider products distributed as beer by wholesalers permitted under § 57-5-103.
  22. (v)
    1. Notwithstanding any other law to the contrary, a winery or farm wine permit holder may purchase or import finished wine product from another winery in this state or another state in an amount not to exceed, in the aggregate, fifty thousand gallons (50,000 gals.) per year. A winery or farm wine permit holder that purchases or imports finished wine product under this subdivision (v)(1) may sell, distribute, serve for the purposes of samples or tastings, or otherwise use or dispose of such product in any manner that the winery or farm wine permit holder is authorized to use or dispose of wine under this section that is manufactured, bottled, or produced by the winery or farm wine permit holder.
  23. (w) As used in this section, “finished wine product” means any wine product that is ready for use by an end user and that bears the label of the winery or farm wine permit holder that purchased or imported the finished wine product under subsection (v).
  24. (x) Wholesalers utilized by wineries or farm wine producers may permit wineries and farm wine producers to transport their products for sale, which are sold on the premises of the winery, the farm wine producer, or the satellite facility; provided, that the wholesaler permitting such direct shipment shall include the amounts delivered in its inventory, report depletions for purposes of tax collection, and be responsible for the payment of taxes on such depletions.
  25. (y)
    1. (1) A winery licensed under this section may enter into an alternating proprietorship agreement with one (1) or more wineries, subject to the restrictions of this subsection (y).
    2. (2) Parties to an alternating proprietorship agreement may alternate the use of a bonded or general premises, or both, or part of a bonded or general premises, or both, for the purpose of manufacturing and warehousing wine.
    3. (3) A winery that is a party to an alternating proprietorship agreement shall maintain a room or separate area of the general premises that is exclusively occupied by that winery and that does not alternate with another winery. There is no size requirement for this exclusive premises.
    4. (4) Each winery that is a party to an alternating proprietorship agreement shall individually receive approval of the agreement from the commission and shall receive any required approvals from the Alcohol and Tobacco Tax and Trade Bureau (TTB), prior to commencing operations at the general premises.
    5. (5) A winery seeking approval for an alternating proprietorship agreement shall submit to the commission:
      1. (A) A description of the areas, equipment, resources, rooms, or buildings, or combination of areas, equipment, resources, rooms, or buildings, that will alternate between wineries;
      2. (B) Diagrams of the parts of the general premises that will and will not alternate between wineries;
      3. (C) A copy of the written alternating proprietorship agreement between wineries; and
      4. (D) An acknowledgement from each winery that they will maintain adequate records that track the premises that alternate between wineries. Such records are subject to inspection by the commission upon request.
    6. (6) The commission may require additional information under this subsection (y) that is necessary for the commission to verify compliance with this chapter 3 and other applicable laws.
    7. (7) Only the winery participating in an alternating proprietorship agreement that is the property owner or primary lessee of the general premises may exercise retail rights and privileges under this subsection (y). If there are two (2) or more wineries that are property owners or are primary lessees, only one (1) winery may exercise the retail rights and privileges under this subsection (y).
    8. (8)
      1. (A) The wineries that are parties to an alternating proprietorship agreement must not be owned by the same individual or entity or by substantially similar ownership.
      2. (B) As used in this subdivision (y)(8), “substantially similar ownership” includes, but is not limited to:
        1. (i) An individual who owns more than a forty percent (40%) interest in each of the two (2) or more wineries that are parties to the alternating proprietorship agreement;
        2. (ii) An individual who owns a winery that is a party to the alternating proprietorship agreement whose spouse is the owner of another winery that is a party to the agreement; or
        3. (iii) A winery that is a party to the alternating proprietorship agreement that is owned by a trust that is for the benefit of an owner of another winery that is a party to the agreement, or the owner's spouse or children.
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  26. (z) Wineries and farm wine producers may have their wine distilled, blended, or fortified with distilled wine spirits made from their wine by manufacturers and may receive from manufacturers the wine created by such distilling, blending, or fortifying, and such distilled, blended, or fortified wine is the sole property of the winery or farm wine producer; provided, that no distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine, were added to the wine. Wineries and farm wine producers may also sell wine to manufacturers licensed pursuant to § 57-3-202, and such wine, and a product that may result from the blending, distilling, or fortifying of such wine by the manufacturer, is the sole property of the manufacturer. The manufacturer, winery, or farm wine producer may transport the wine from the winery or farm wine producer and may transport the distilled, blended, or fortified wine owned by the winery or farm wine producer back to the winery or farm wine producer; provided, that no distilled spirits, as defined under federal law on April 4, 2023, that were derived from a type of grain or product other than wine, were added to the wine. The transactions are not subject to taxation.
  27. (aa)
    1. (1) Notwithstanding another law to the contrary, a winery or farm wine producer in this state may electronically store all documentation and paperwork required to be maintained by the commission. The commission shall accept an electronic copy of documents and paperwork for purposes of an inspection of the licensee or permittee or verification of compliance with this chapter. If a licensee or permittee stores documentation or paperwork electronically, all information necessary to verify the validity of the license, permit, document, or other paperwork must be legible and verifiable in the electronic copy.
    2. (2) Notwithstanding § 57-3-213, wineries and farm wine producers that hold two (2) or more licenses or permits issued under this chapter that require yearly renewal, regardless of type, may choose the expiration date for the licenses and permits as long as the expiration date chosen is less than twelve (12) months from the date the license or permit is issued or renewed. The license fee for the license or permit issued for less than twelve (12) months must be prorated according to the duration of the license.
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History (36)
  • Acts 1939, ch. 49, § 9
  • 1949, ch. 284, §§ 4, 5
  • C. Supp. 1950, § 6648.14 (Williams, § 6648.12)
  • impl. am. Acts 1963, ch. 257, § 23
  • Acts 1973, ch. 8, § 1
  • 1977, ch. 126, §§ 1, 2
  • T.C.A. (orig. ed.), § 57-120
  • Acts 1983, ch. 59, § 1
  • 1983, ch. 229, §§ 1-3
  • 1985, ch. 386, §§ 1, 3, 4
  • 1988, ch. 580, §§ 1-3
  • 1991, ch. 292, § 1
  • 1995, ch. 151, § 1
  • 2001, ch. 163, §§ 1-3
  • 2004, ch. 876, § 2
  • 2006, ch. 826, § 1
  • 2007, ch. 433, §§ 1, 2
  • 2009, ch. 273, § 1
  • 2009, ch. 434, § 4
  • 2012, ch. 691, § 1
  • 2014, ch. 817, § 1
  • 2014, ch. 1015, §§ 1-5
  • 2015, ch. 270, § 1
  • 2015, ch. 366, § 1
  • 2015, ch. 451, § 1
  • 2015, ch. 467, § 1
  • 2016, ch. 687, § 1
  • 2016, ch. 857, § 1
  • 2017, ch. 269, §§ 1-5
  • 2017, ch. 373, §§ 1, 2
  • 2017, ch. 411, § 1
  • 2019, ch. 74, §§ 1-5
  • 2023, ch. 95, § 2
  • 2023, ch. 131, §§ 3-6
  • 2023, ch. 406, § 1
  • 2023, ch. 406, §§  1(1), 1(2).
§ 57-3-208. Certificate required — Contents — Exceptions.
  1. (a) As a condition precedent to the issuance of a license under § 57-3-204, every applicant for a license under that section shall submit with the application to the commission a certificate signed by the county mayor or chair of the county commission in which the licensed premises are to be located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council, or legislative body of the municipality, by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality.
  2. (b)
    1. (1) The certificate must state:
      1. (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application;
      2. (B) That the applicant or applicants have secured a location for the business which complies with all restrictions of any local law, ordinance, or resolution, duly adopted by the local jurisdiction, as to the location of the business;
      3. (C) That the applicant or applicants have complied with any local law, ordinance or resolution duly adopted by the local authorities regulating the number of retail licenses to be issued within the jurisdiction;
      4. (D) The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal.
    2. (2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A).
  3. (c) Municipalities and counties are hereby authorized to limit the location of retail liquor stores and the number of licenses issued within their jurisdictions. No local law, ordinance or resolution may limit the location and number of licenses authorized under § 57-3-204, so as to unreasonably restrict the availability of alcoholic beverages for the residents of such municipalities and counties. A local jurisdiction may impose reasonable residency requirements on any applicant. However, if a local jurisdiction does impose such residency requirements, such local jurisdiction shall not be authorized to impose any residency requirement on any applicant who has been continuously licensed pursuant to § 57-3-204 for seven (7) consecutive years.
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  4. (d) An applicant may seek review of the denial of a certificate by instituting an action in the chancery court having jurisdiction over the municipality or county within sixty (60) days of the denial.
  5. (e) A failure on the part of the issuing authority to grant or deny the certificate within sixty (60) days of the written application for such shall be deemed a granting of the certificate.
  6. (f) The requirement imposed by this section to submit a certificate shall not be applicable to any applicant if:
    1. (1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or
    2. (2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsections (c) and (d).
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History (15)
  • Acts 1939, ch. 49, § 9a, as added by Acts 1949, ch. 284, § 5
  • C. Supp. 1950, § 6648.14a (Williams, § 6648.12a)
  • Acts 1951, ch. 52, § 2
  • impl. am. Acts 1963, ch. 257, § 24
  • Acts 1976, ch. 438, § 2
  • impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
  • T.C.A. (orig. ed.), § 57-121
  • Acts 1980, ch. 894, § 1
  • 1981, ch. 84, §§ 1, 2
  • 1993, ch. 451, §§ 1, 2
  • 2003, ch. 90, § 2
  • 2015, ch. 269, § 2
  • 2017, ch. 357, § 1
  • 2018, ch. 783, § 12
  • 2019, ch. 136, § 4.
§ 57-3-209. Collectors of containers that hold alcoholic beverages.
  1. (a) For purposes of this section:
    1. (1) “Alcoholic beverage collector” means an individual who collects commemorative bottles containing alcoholic beverages, wine or distilled spirits, where the individual displays the collection in a location available to the public, either by appointment or on a regular schedule, and who sells collectible alcoholic beverages for the purpose of collection, without the intent that the collectible alcoholic beverage be consumed; and
    2. (2) “Collectible alcoholic beverage” means an alcoholic beverage, distilled spirit or wine in a unique or commemorative bottle, decanter or other container, not generally available at a licensee holding a permit issued pursuant to § 57-3-204.
  2. (b) Any individual qualifying as an alcoholic beverage collector may apply to the commission for a license as an alcoholic beverage collector, authorizing that individual to purchase wine, distilled spirits and other alcoholic beverages from any entity authorized to sell such products and shall be authorized to sell, in a face to face transaction only, collectible alcoholic beverages, as defined in this section, to any person twenty-one (21) years of age or older. The license may be issued notwithstanding the requirements of § 57-3-106.
  3. (c) No license shall be issued under this section to any person who has an interest, direct or indirect, in any business holding a license issued under chapter 2 of this title or pursuant to § 57-3-202, § 57-3-203, § 57-3-204, § 57-3-207, § 57-3-218 or § 57-4-101.
  4. (d) Any sale of any alcoholic beverage, wine or distilled spirit by an individual licensed under this section shall be presumed not to be a sale of a collectible alcoholic beverage if the price of the sale is not at least three hundred percent (300%) of the price of the same brand, vintage, quantity and type of alcoholic beverage, distilled spirit or wine as is available at any licensee holding a license pursuant to § 57-3-204. The alcoholic beverage collector shall have the burden of proving that any sale authorized under this section satisfies the requirements of this section.
  5. (e)
    1. (1) An alcoholic beverage collector shall be responsible for remitting all sales taxes due resulting from any sale by the collector under this section. Where the collector cannot demonstrate that the collectible alcoholic beverage was purchased from a licensee holding a license pursuant to § 57-3-204, the collector shall also pay the taxes imposed pursuant to § 57-3-302.
    2. (2) The taxes levied on sales made by an alcoholic beverage collector as authorized by this section shall become due and payable on the first day of each month following the month when the sales occur and shall become delinquent if not paid on or before the twentieth day of each following month. For the purpose of ascertaining the amount of tax payable, it is the duty of each alcoholic beverage collector to transmit to the commissioner of revenue a return on forms prescribed by the commissioner.
  6. (f) Each applicant for an alcoholic beverage collector's license under this section 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. An alcoholic beverage collector's license under this section shall not be issued until the applicant has paid to the commission the annual license fee of one thousand dollars ($1,000).
History (2)
  • Acts 2009, ch. 484, § 1
  • 2011, ch. 451, § 6.
§ 57-3-210. Restrictions on license holders — Employees — Penalties.
  1. (a) The license fee for every license issued under this chapter shall be payable by the person making application for such license and to whom it is issued, and no other person shall pay for any license issued under such sections. In addition to all other penalties provided in this chapter, a violation of this section shall authorize and require the revocation of the license, the fee for which was paid by another, and also the revocation of the license, if any, of the person so paying for the license of another.
  2. (b)
    1. (1) No wholesaler's or retailer's license shall be issued to a person who is a holder of a public office, either appointive or elective, or who is a public employee, either national, state, city or county. It is unlawful for any such person to have any interest in such wholesale or retail business, directly or indirectly, either proprietary or by means of any loan, mortgage, or lien, or to participate in the profits of any such business.
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    2. (2) The foregoing shall not apply to uncompensated appointees to municipal boards and commissions where the boards or commissions on which such appointees serve have no duty to vote for, overlook, or in any manner superintend the sale of alcoholic beverages.
  3. (c) No wholesaler or retailer shall be a person who has been convicted of a felony involving moral turpitude, within ten (10) years prior to the time the person or the concern with which the person is connected shall receive a license; provided, however, that this subsection (c) shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction; and in the case of any such conviction occurring after a license has been issued and received, the license shall immediately be revoked, if such convicted felon be an individual licensee, and if not, the partnership, corporation or association with which the felon is connected shall immediately discharge the felon.
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  4. (d) None of the licenses or permits provided by this chapter, or which may be issued thereunder, shall under any condition be issued to any person who, within ten (10) years preceding application for such license or permit shall have been convicted of any offense under this title or of any similar law of any other state or of the United States prohibiting or regulating the sale, possession, transportation, storing, manufacturing, or otherwise handling intoxicating liquors or who has, during such period, been engaged in business alone or with others, in violation of any of such laws or rules and regulations promulgated pursuant thereto, as they existed on March 2, 1939, or as they existed or may exist thereafter.
  5. (e) No manufacturer, brewer or wholesaler shall have any interest in the business or building containing licensed premises of any other person having a license under this chapter, or in the fixtures of any such person.
  6. (f)
    1. (1) It is unlawful for any person to have ownership in, or participate, in, either directly or indirectly, the profits of any wholesale or retail business licensed under this chapter, unless the interest in such business and the nature, extent and character thereof shall appear on the application; or if the interest is acquired after the issuance of a license, unless it shall be fully disclosed to the commission and approved by it. Where such interest is owned by such person on or before the application for any license, the burden shall be upon such person to see that this section is fully complied with, whether the person personally signs or prepares the application, or whether the same is prepared by another; or if such interest is acquired after the issuance of the license, the burden of such disclosure of the acquisition of such interest shall be upon both the seller and the purchaser.
    2. (2) A violation of this subsection (f) is a Class C misdemeanor.
  7. (g) No person shall be employed in the storage, sale or distribution of alcoholic beverages except a citizen of the United States.
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  8. (h) No manufacturer, wholesaler or retailer, or any employee thereof, engaged in the physical manufacture, storage, sale or distribution of alcoholic beverages shall be a person under eighteen (18) years of age, and it is unlawful for any wholesaler or retailer to employ any person under eighteen (18) years of age for the physical storage, sale, or distribution of alcoholic beverages, or to permit any such person under such age on its place of business to engage in the manufacture, storage, sale or distribution of alcoholic beverages.
  9. (i) No manufacturer, wholesaler or retailer shall employ in the manufacture, storage, sale or distribution of alcoholic beverages, any person who, within ten (10) years prior to the date of employment, shall have been convicted of a felony involving moral turpitude, and in case an employee should be so convicted, the employee shall immediately be discharged; provided, however, that this subsection (i) shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored, or judgment of infamy has been removed by a court of competent jurisdiction.
  10. (j) This section shall be in addition to any other restriction or condition which may be contained elsewhere in this chapter or chapters 1 and 9 of this title.
History (11)
  • Acts 1939, ch. 49, §§ 5, 12
  • 1945, ch. 167, § 7
  • 1949, ch. 284, § 7
  • C. Supp. 1950, §§ 6648.15, 6648.16 (Williams, §§ 6648.8, 6648.14, 6648.15)
  • Acts 1963, ch. 257, § 26
  • 1971, ch. 162, § 2
  • 1971, ch. 169, § 1
  • impl. am. Acts 1979, ch. 413, §§ 3, 4
  • T.C.A. (orig. ed.), § 57-123
  • Acts 1989, ch. 591, § 113
  • 2006, ch. 616, § 2.
§ 57-3-211. Display of license, rules and regulations.
  1. 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.
History (4)
  • Acts 1939, ch. 49, § 14
  • C. Supp. 1950, § 6648.17
  • impl. am. Acts 1963, ch. 257, § 27
  • T.C.A. (orig. ed.), § 57-124.
§ 57-3-212. Transfer of permits restricted.
  1. (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.
  2. (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.
  3. (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.
History (7)
  • 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
  • 2018, ch. 783, § 11.
§ 57-3-213. Expiration of licenses — Renewal.
  1. (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.
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  2. (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.
  3. (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.
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History (11)
  • 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
  • 2019, ch. 136, § 1.
§ 57-3-214. Revocation, suspension or denial of license or permit.
  1. (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.
  2. (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.
  3. (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.
  4. (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.
  5. (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.
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History (13)
  • 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.
§ 57-3-215. New license after revocation.
  1. (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.
  2. (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.
History (4)
  • 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.
§ 57-3-216. Federal license as evidence of sales.
  1. 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.
History (3)
  • Acts 1939, ch. 49, § 14
  • C. Supp. 1950, § 6648.17
  • T.C.A. (orig. ed.), § 57-129.
§ 57-3-217. Winery direct shipper's license.
  1. (a) Any person, firm or corporation that holds a federal basic permit pursuant to the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.), and is in the business of manufacturing, bottling or rectifying wine may apply to the commission for a winery direct shipper's license under this section. Applicants for a winery direct shipper's license shall submit to the commission a copy of the federal basic permit and a permit for the manufacturing, bottling, or rectification of wine from the state where such wine is produced.
  2. (b) A winery direct shipper, meeting the requirements of this section, may make sales and delivery of wine, as defined in § 57-3-101, by common carrier to the citizens of this state over twenty-one (21) years of age who have purchased the wine directly from the winery direct shipper, subject to the limitations and requirements imposed by this section; provided, that a winery direct shipper may only ship wine sold under a brand name owned by or licensed to the winery or farm winery, which is either:
    1. (1) Produced by the winery or farm winery, including manufactured in a manner authorized pursuant to § 57-3-207;
    2. (2) Produced exclusively for the winery or farm winery under an existing written contract with the winery or farm winery; or
    3. (3) Produced and bottled exclusively for the winery or farm winery.
  3. (c) As a condition to the issuance or renewal of a winery direct shipper's license as authorized in this section, an applicant for the license must satisfy the following conditions:
    1. (1) 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 winery direct shipper's license under this section shall not be issued until the applicant has paid to the commission the annual license fee of one hundred fifty dollars ($150);
    2. (2) Execute a consent to jurisdiction and venue of all actions brought before the commission, any state agency or the courts of this state, such that any and all hearings, appeals and other matters relating to the license of the winery direct shipper shall be held in this state;
    3. (3) Acknowledge, in writing, that it will contract only with common carriers that agree that any delivery of wine made in this state shall be by face-to-face delivery and that deliveries will only be made to individuals who demonstrate that the individuals are over twenty-one (21) years of age and the individuals sign upon receipt of the wine.
  4. (d)
    1. (1) No winery direct shipper may ship more than a total of nine (9) liters of wine to any individual during any calendar month nor shall the shipper ship more than twenty-seven (27) liters of wine to any individual in any calendar year.
    2. (2) Notwithstanding subdivision (d)(1), a winery direct shipper that produces or manufactures less than two hundred seventy thousand (270,000) liters of wine per calendar year may ship up to fifty-four (54) liters of wine to an individual per calendar year.
    3. (3) Any shipment of wine pursuant to this section shall be made only in containers that clearly indicate on the exterior of the container, visible to a person at least three feet (3′) away, that the container “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY”.
  5. (e)
    1. (1) A winery direct shipper shall be responsible for remitting all sales taxes due resulting from any sale made under this section. In addition to all sales taxes imposed upon such sale, a winery direct shipper shall remit the gallonage tax as imposed by § 57-3-302.
    2. (2) The taxes levied on sales made by a winery direct shipper as authorized by this section shall become due and payable on the first day of each month following the month during which the sales occur, and shall become delinquent if not paid on or before the twentieth day of each such following month. For the purpose of ascertaining the amount of tax due, it is the duty of any winery direct shipper licensed pursuant to this section to transmit to the commissioner of revenue appropriate returns on forms prescribed by the commissioner.
    3. (3) Upon request of the commission or its designated agent, any winery direct shipper licensed pursuant to this section shall provide to the commission, under penalty of perjury, a list of any wine shipped to an address within this state, including the addressee.
    4. (4) The commission may enforce the requirements of this section by administrative action, may suspend or revoke a winery direct shipper's license and may accept an offer in compromise in lieu of suspension.
    5. (5) A winery direct shipper that is found to have violated this title, in addition to any fine imposed by the commission, shall reimburse the commission for all costs incurred in connection with the investigation and administrative action, including the out-of-pocket costs and reasonable personnel costs.
    6. (6) No winery direct shipper may avoid liability under this section by subcontracting with a third party to perform its obligations required pursuant to this section.
  6. (f) The commission and the department of revenue are authorized to promulgate rules and regulations that may be necessary to implement this section, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  7. (g)
    1. (1)
      1. (A) It is an offense for a person to ship alcoholic beverages or beer to residents of this state without a license authorizing such activity.
      2. (B) A violation of subdivision (g)(1)(A) is a Class E felony, punishable by a fine only.
    2. (2)
      1. (A) All shipments of alcoholic beverages or beer made in this state must be by face-to-face delivery to individuals who provide proof satisfactory that they are over twenty-one (21) years of age and sign upon receipt.
      2. (B) A violation of subdivision (g)(2)(A) is a Class B misdemeanor, punishable by a fine only.
  8. (h)
    1. (1) Each common carrier that contracts with a winery direct shipper under this section for delivery of wine, beer, or other alcoholic beverages into this state shall prepare and file monthly with the department of revenue a report of known wine, beer, or other alcoholic beverage shipments containing the name of the common carrier making the report, the period of time covered by the report, the name and business address of the consignor, the name and address of each consignee, the weight of the package delivered to each consignee, a unique tracking number, and the date of delivery. Reports received by the department of revenue must be made available to the public pursuant to the open records law, compiled in title 10, chapter 7.
    2. (2) Upon the request of the commissioner of revenue, any records supporting the report must be made available to the department of revenue within a reasonable time after the commissioner makes a written request for such records. Any records containing information relating to such reports must be retained and preserved for a period of two (2) years, unless destruction of the records prior to the end of such retention period is authorized in writing by the department of revenue. Such records must be open and available for inspection by the department of revenue upon written request. Reports must also be made available to any law enforcement agency or regulatory body of any local government in this state in which the common carrier making the report resides or does business.
    3. (3) Any common carrier that willfully fails to make reports in accordance with this section or that violates any rules of the department of revenue for the administration and enforcement of this section is subject to a notification of violation. If a common carrier continually fails to make reports, the common carrier may be fined in an amount not to exceed five hundred dollars ($500) for each delivery not reported to the department of revenue. Unpaid fines assessed under this subdivision (h)(3) must be collected in accordance with title 67, chapter 1.
    4. (4) This subsection (h) 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.
  9. (i) Notwithstanding any law to the contrary, a fulfillment house, as defined in § 57-3-415, is not eligible for licensure or renewal of a winery direct shipper's license.
  10. (j) A winery direct shipper licensee shall maintain records for a minimum of three (3) years from the shipment date, which shall include:
    1. (1) The name, address, and license number of the fulfillment house used, if any;
    2. (2) The name of the common carrier, if no fulfillment house is used;
    3. (3) The date of each shipment;
    4. (4) The carrier tracking number;
    5. (5) The quantity, by weight or other means, the sales price, and product type of wine shipped; and
    6. (6) The name and address of the recipient.
  11. (k) A winery direct shipper licensee shall submit the records maintained pursuant to subsection (j) as a report to the commission on a quarterly basis in the manner, form, and format prescribed by the commission.
  12. (l) A winery direct shipper may only ship, or have shipped, wine from either their licensed winery direct shipper location or a licensed fulfillment house location.
  13. (m) Two (2) or more licensed winery direct shippers may make sales and shipments of wine pursuant to this section in conjunction and coordination with each other; provided, that if the wine products of more than one (1) licensed winery direct shipper are included in the same shipment, then such products may only be shipped to a resident of this state from a fulfillment house licensed pursuant to § 57-3-415. Each winery participating in a sale made pursuant to this subsection (m) must have a winery direct shipper license.
  14. (n) The requirements of this section, including subsections (d) and (e), apply to winery direct shippers whether the wine is shipped from the winery direct shipper or a licensed fulfillment house.
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History (9)
  • Acts 2009, ch. 348, § 1
  • 2011, ch. 213, § 1
  • 2017, ch. 486, § 1
  • 2018, ch. 765, § 7
  • 2018, ch. 933, § 3
  • 2019, ch. 263, § 1
  • 2021, ch. 331, §§ 1-3
  • 2021, ch. 425, § 1
  • 2022, ch. 699, § 2.
§ 57-3-218. Winemaking on premises facility license.
  1. (a) A winemaking on premises facility license may be issued as provided in this section for a business, located in a jurisdiction where the establishment of a winery is permitted pursuant to § 57-3-207, where individual customers who are twenty-one (21) years of age or older may purchase ingredients and rent the equipment, time, and space to manufacture wine, as defined in § 57-3-101, for personal use in an amount not to exceed the maximum amount that a private individual in that person's own home may manufacture pursuant to § 57-3-207(e). Any applicant for licensure under this section shall submit a verified, written application to the commission on the proper form authorized to be prescribed and furnished in this section, and the application may be granted by the commission, subject to the restrictions of this chapter. Subject to the limitations of subsection (b), any winemaking on premises facility license issued pursuant to this section shall authorize the holder of the license and the holder's customers to manufacture, but not rectify, wine, and the winemaking on premises facility license shall authorize the holder of the license and the holder's customers to place the wine in containers or bottles.
  2. (b)
    1. (1) Except for wine produced in the process of testing equipment or recipes, and producing samples to be distributed pursuant to subdivision (b)(2), a license holder shall not personally manufacture wine that is not intended for the personal use of the license holder on the premises of the winemaking on premises facility. Nothing in this subdivision (b)(1) shall be construed to prohibit a license holder from assisting the license holder's customers who are engaged in the manufacture of wine on the premises of the facility.
    2. (2) A winemaking on premises facility licensed under this section may serve wine that is produced on the premises of the facility without charge as complimentary samples for tasting at the facility. Samples may be consumed at the premises only by a person who has a nonrefundable contract to manufacture at the premises, and the samples may not exceed one ounce (1 oz.) per sample. All wine produced at a winemaking on premises facility shall be removed from the premises by the customer or license holder who manufactured the wine and may only be used for home consumption and the personal use of the customer or license holder.
  3. (c) Each applicant for a winemaking on premises facility license issued pursuant to this section shall pay to the commission a one-time, nonrefundable fee in an amount to be determined by the commission when the application is submitted for review. The license shall not be issued until a license fee in an amount to be determined by the commission is paid to the commission by the winemaking on premises facility, but issuance of the license is exempt from the requirements of § 57-3-106. 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.
  4. (d) A winemaking on premises facility licensed under this section located in this state is authorized to sell the following items on the facility premises:
    1. (1) Juices or concentrates derived from juices, or any agricultural products;
    2. (2) Items used in home winemaking; and
    3. (3) Other gift, tourism, or wine-related items as defined by regulations duly promulgated by the commission.
  5. (e) Any wine transported from a winemaking on premises facility pursuant to this section must be accompanied by a bill of lading or other memorandum of shipment signed by the license holder for the facility where the wine was manufactured sufficiently identifying the nature, quantity, manufacturer, date and place of manufacture of the wine. Any person transporting such wine in excess of five gallons (5 gals.) shall have with the shipment a receipt or other documentation demonstrating that the wine was manufactured by the individual who is transporting the wine at a winemaking on premises facility as licensed in this section.
  6. (f) Any licensee or other person who sells, furnishes, disposes of, gives or causes to be sold, furnished, disposed of or given, any wine in this state or for transport into this state, to any person under the age of majority as established by § 57-4-203(b), commits a Class A misdemeanor.
  7. (g) The commission is empowered and authorized to promulgate such rules and regulations as may be necessary to carry out the duties of the commission as provided in this section, including, but not limited to, procedures governing the production and transportation of wine.
  8. (h) It is the duty of the commissioner of agriculture to establish reasonable procedures requiring proper sanitary conditions about the winemaking on premises facility and to certify that these conditions have been met before the commission issues any license. The commissioner shall establish reasonable procedures requiring the process of manufacturing wine in a winemaking on premises facility to be carried on under proper sanitary conditions and in a sanitary manner; and for any failure to comply with the procedures, the commissioner shall notify the commission, which is authorized to revoke or suspend the license of any winemaking on premises facility.
  9. (i) If any provision of this section or application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end the provisions of this section are declared to be severable.
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History (1)
  • Acts 2011, ch. 451, § 2.
§ 57-3-219. Continuation of the issuance of licenses for the retail sale of alcoholic beverages for off-the-premises consumption in certain counties.
  1. 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;
  2. 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
  3. 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:
  4. 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.
History (2)
  • Acts 2010, ch. 1133, § 6
  • T.C.A. § 57-4-108.
§ 57-3-220. License for military personnel living abroad to ship wine to this state.
  1. (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.
  2. (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.
  3. (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.
  4. (d) Any individual who ships wine pursuant to this section is prohibited from reselling any wine shipped to this state.
History (1)
  • Acts 2012, ch. 968, § 3.
§ 57-3-221. Manager's permit.
  1. (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.
  2. (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. (1) Has not been convicted of any crime involving the sale or distribution of alcohol over the previous eight (8) years;
    2. (2) Has not been convicted of any felony within the previous five (5) years;
    3. (3) Is at least eighteen (18) years of age;
    4. (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. (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. (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.
  3. (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.
  4. (d) Manager's permits shall be required for the appropriate individuals at retailers licensed under § 57-3-204 and retail food store wine licensees.
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History (2)
  • Acts 2014, ch. 554, § 11
  • 2017, ch. 373, §§ 4, 5.
§ 57-3-222. Minimum required sales for renewal of retail license — Recordkeeping — Suspension or revocation of license.
  1. (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.
  2. (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.
  3. (c) Failure to comply after the one-year period shall result in the retail license being suspended or revoked by the commission.
  4. (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.
History (1)
  • Acts 2014, ch. 554, § 13.
§ 57-3-223. Retail licensee permitted to also hold license to sell alcoholic beverages for consumption on premises — Requirements.
  1. 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.
History (1)
  • Acts 2014, ch. 554, § 16.
§ 57-3-224. Delivery service license.
  1. (a)
    1. (1) There is created a delivery service license to be issued by the commission to any delivery service that delivers or facilitates delivery of prepared food from restaurants or items from a retail store to customers as part of the delivery service's business and seeks to deliver sealed packages of alcoholic beverages or beer or both sold by any retailer licensed under this chapter, or an off-premises retail permittee licensed under § 57-5-103 as part of such delivery service. If a delivery service licensed under this section is delivering alcoholic beverages or beer purchased from a retailer in accordance with this subsection (a), the delivery service shall not deliver the alcoholic beverages or beer to a customer who resides or is located at the time of the delivery:
      1. (A) More than fifty (50) miles from the licensed premises of the retailer at which the alcoholic beverages or beer were purchased; or
      2. (B) In any county other than the county in which such retailer is located or a county contiguous to such county.
    2. (2) A delivery service includes, for purposes of this title, a technology services company that provides software or an application for connecting customers, retailers, or restaurants to a delivery driver. A delivery service does not include, and no license is required under this title to operate, a technology services company that does not employ or contract with delivery drivers but rather provides software or an application that connects retail licensees with consumers for the delivery of alcoholic beverages or beer from the retailer pursuant to § 57-3-406(j) or a company that ships wine pursuant to § 57-3-217. This section does not apply to a “motor carrier” or “freight forwarder” as those terms are defined in 49 U.S.C. § 13102, or to an “air carrier” as that term is defined in 49 U.S.C. § 40102.
    3. (3) A delivery service licensee may charge a fee based on a percentage of the sales of the alcoholic beverages or beer being delivered. The delivery service licensee shall not charge a fee that exceeds ten percent (10%) of the price of each alcoholic beverage or beer sold. The delivery service licensee is not responsible for remitting applicable taxes on alcoholic beverages or beer delivered by the licensee. The charging of such a fee must not be construed as the delivery service reselling alcoholic beverages or having a direct or indirect interest in a retailer.
  2. (b)
    1. (1) Any person, partnership, limited liability company, or corporation desiring to deliver sealed packages of alcoholic beverages or beer sold by a retailer licensed under § 57-3-204 or an off-premise retail permittee licensed under § 57-5-103 as part of such delivery service shall make application to the commission for a delivery service license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission shall, subject to the restrictions of this section, issue such license.
    2. (2)
      1. (A) Any person applying for a delivery service license shall be twenty-one (21) years of age or older and must not have been convicted of a felony as described in § 57-3-210(c).
      2. (B) The commission may issue a delivery service license to any person, partnership, limited liability company, or corporation that is registered to do business in this state regardless of the residence of the ownership of such entity.
  3. (c) Each applicant for a delivery service license 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 delivery service license shall not be issued by the commission until the applicant pays the annual license fee of one hundred fifty dollars ($150).
    Backlinks (1)
  4. (d) Each delivery service licensee shall conduct, or have a third party conduct, a local and national criminal background check on any potential employee or independent contractor that seeks to be licensed pursuant to § 57-3-225. Such background check shall include a multistate criminal records locator or other similar commercial nationwide database with validation.
    Backlinks (2)
  5. (e) It is the duty of each delivery service licensee to ensure that each employee or independent contractor, delivering alcoholic beverages or beer pursuant to § 57-3-406(k) for the licensee, is licensed pursuant to § 57-3-225.
  6. (f) A delivery service may use either employees or independent contractors as part of such delivery service. Any person delivering products for a delivery service shall comply with the provisions contained in § 57-3-225 related to delivery drivers in order to deliver alcoholic beverages or beer or both as provided in this section.
Backlinks (2)
History (5)
  • Acts 2015, ch. 285, § 2
  • 2016, ch. 1045, §§ 2, 3
  • 2016, ch. 1068, § 3
  • 2018, ch. 765, §§ 1-4
  • 2021, ch. 185, § 1.
§ 57-3-225. Delivery employee license.
  1. (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).
  2. (b) Each delivery service licensee may employ or contract with any person meeting the following requirements:
    1. (1) Is at least twenty-one (21) years of age;
    2. (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. (3) Has a valid driver license.
  3. (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. (1) 0-15 delivery drivers$50
    2. (2) 16-30 delivery drivers$100
    3. (3) 31-45 delivery drivers$150
    4. (4) 46-60 delivery drivers$200
    5. (5) 61-100 delivery drivers$250
    6. (6) 101-150 delivery drivers$300
    7. (7) 151-200 delivery drivers$350
    8. (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).
  4. (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.
Backlinks (4)
History (3)
  • Acts 2015, ch. 285, § 2
  • 2016, ch. 1045, § 4
  • 2018, ch. 765, § 6.
§ 57-3-226. Sale or transfer of alcoholic beverage inventory.
  1. 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. (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. (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. (3) The purchaser or transferee is licensed by the commission under § 57-3-204 prior to the sale or transfer being finalized.
History (1)
  • Acts 2021, ch. 76, § 1.
§ 57-3-227. Common carrier license.
  1. (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).
  2. (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.
  3. (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.
  4. (d) The commission may make such investigations and inspections necessary to administer this part.
History (1)
  • Acts 2022, ch. 699, § 1.
Part 3 Taxes
§ 57-3-301. Brand name alcoholic beverages — Tax — Sale or importation — Contracts — Revocation of permits or licenses.
  1. (a) As used in this section “brand” means:
    1. (1) Each and every distilled spirits, wine product, beer with an alcoholic content of five percent (5%) by weight or greater high alcohol content beer product bearing a distinct brand name or trade name as defined or used by the United States department of the treasury, alcohol and tobacco tax and trade bureau, shall be considered a separate “brand” for purposes of this section;
    2. (2) Within the group of wine or distilled spirits products bottled, manufactured, distilled, rectified, imported or marketed under a particular “brand name” or “trade name” as described in subdivision (a)(1), products which fall within separate classes or types as defined in the standards of identity for the several classes and types of wine and distilled spirits promulgated by the federal bureau of alcohol, tobacco and firearms shall be considered separate “brands” for purposes of this section; provided, that wine or distilled spirits products which differ only in the amount of alcohol or proof they contain shall not be considered separate brands for purposes of this section;
    3. (3) The name, trademark, or trade name of the product, as indicated on the certificate of label approval as registered with the alcohol and tobacco tax and trade bureau of the United States department of the treasury, or, if no certificate of label approval is required, then the name, trademark, or trade name of the product.
  2. (b)
    1. (1) There is imposed a tax of two hundred fifty dollars ($250) per annum upon each brand of distilled spirits sold in this state, for which actual wholesale sales during the twelve (12) months immediately preceding May 22, 1979, were fifty (50) cases or more.
    2. (2) There is imposed a tax of one hundred dollars ($100) per annum upon each brand of distilled spirits sold in this state for which actual wholesale sales during the twelve (12) months immediately preceding May 22, 1979, were less than fifty (50) cases.
    3. (3) There is imposed an annual tax upon each brand of wine sold in this state. The amount of this tax shall be based on the number of cases sold at wholesale in this state during the year immediately preceding any tax year as follows:
      1. (A) Less than two hundred fifty (250) cases — No tax due; and
      2. (B) Two hundred fifty (250) or more cases — Two hundred fifty dollars ($250).
    4. (4) There is imposed a tax of one hundred dollars ($100) per annum upon each brand of beer with an alcoholic content greater than five percent (5%) by weight or each brand of high alcohol content beer sold in this state.
  3. (c) No manufacturer, importer or representative shall introduce into this state any brand of alcoholic beverages until such tax has been paid to the department of revenue.
  4. (d) No wholesaler shall give an order, receive, accept or offer for sale any brand of alcohol beverages until the annual tax has been paid to the department of revenue.
    Backlinks (1)
  5. (e)
    1. (1) No brand may be introduced into the state except pursuant to written contract to sell such brand in this state between the manufacturer, brewer or importer of such brand and the Tennessee wholesaler who is to sell such brand in this state. Every contract shall contain the specified area in which such wholesaler will sell such brand and no more than one wholesaler may sell such brand in any specified area.
    2. (2) If any party to a contract described in subdivision (e)(1) fails to comply with any provision of the contract, an aggrieved party may bring an action in the circuit or chancery courts of this state.
    3. (3) No contract shall include the entire state of Tennessee as the specified area in which such wholesaler will sell any brand.
    4. (4) No manufacturer or importer nor any successor to a manufacturer or importer may terminate a contract prior to the expiration of its term except for good cause, asserted in good faith, as determined by the commissioner of revenue. No manufacturer or importer, nor any successor to a manufacturer or importer may seek to terminate a contract for good cause, unless such manufacturer or importer has afforded the affected wholesaler with whom it has contracted a reasonable opportunity to cure any deficiency which in no event shall be less than thirty (30) days. No successor to a manufacturer or importer may register a contract to distribute a brand in this state with the department of revenue which differs from the contract previously filed for the distribution of such brand except for good cause, asserted in good faith, as determined by the commissioner of revenue.
    5. (5) No manufacturer or importer nor any successor to a manufacturer or importer may fail to renew a contract with a wholesaler except for good cause, asserted in good faith, as determined by the commissioner of revenue. No manufacturer or importer, nor any successor to a manufacturer or importer may fail to renew a contract for good cause, unless such manufacturer or importer has afforded the affected wholesaler a reasonable opportunity to cure any deficiency which in no event shall be less than thirty (30) days.
    6. (6) For purposes of this section, any modification of the designated area serviced by a wholesaler shall constitute a termination of its contract.
  6. (f) If the commissioner of revenue, after a hearing, determines the manufacturer or importer has failed to establish good cause asserted in good faith as required herein, the provisions of the contract between such manufacturer or importer and the designated Tennessee wholesaler are still in force and a failure by such manufacturer or importer or its successor to ship to such a wholesaler a reasonable amount of the brand shall be grounds for a revocation of that manufacturer's or importer's nonresident seller's permit or winery license.
  7. (g) The department of revenue is authorized to accept the brand registrations required under this section and the contracts described in subdivision (e)(1) by electronic means. The department of revenue is authorized to approve one (1) or more third parties to facilitate electronic submissions on behalf of importers, manufacturers, suppliers, or wholesalers; provided, that such third parties shall:
    1. (1) Be permitted to assess a reasonable cost against the importer, supplier, manufacturer, or wholesaler that elects to use the electronic service;
    2. (2) Not assess any fees or costs against the state for providing such service;
    3. (3) Adhere to the records requirements, privacy requirements, and technical requirements imposed by the department of revenue;
    4. (4) Agree to provide documentation and support for all brand registrations and contract registrations as required by the department of revenue as part of the electronic process; and
    5. (5) Agree to facilitate communication between the department of revenue and the affected importers, manufacturers, suppliers, and wholesalers to relate the status of any filing, transfer, or tax liability.
  8. (h) The department of revenue is authorized to promulgate rules and regulations relative to the brand registration provisions of this section.
  9. (i)
    1. (1) The department of revenue shall make available to the public the identity of the wholesalers and suppliers operating in this state, including their addresses, brands, and designated territories for which a contract has been registered with the department. Such information may be made available electronically.
    2. (2) If a manufacturer, supplier, importer, nonresident seller, or nonmanufacturer nonresident seller registers a contract with a wholesaler for a brand, the department of revenue shall provide notice by electronic means of such registration to the manufacturer, supplier, importer, nonresident seller, or nonmanufacturer nonresident seller, as applicable, and the contracted wholesaler.
Backlinks (5)
History (9)
  • Acts 1979, ch. 341, § 1
  • T.C.A., § 57-130
  • Acts 1980, ch. 782, § 1
  • 1984, ch. 684, §§ 1, 2
  • 1985, ch. 125, § 1
  • 1996, ch. 706, §§ 1, 2
  • 2013, ch. 171, §§ 1, 2
  • 2014, ch. 861, §§ 20-22
  • 2021, ch. 324, § 1.
§ 57-3-302. Tax upon distribution or sale — Exemptions.
  1. (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.
    Backlinks (5)
  2. (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.).
    Backlinks (1)
Backlinks (23)
History (10)
  • 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.
§ 57-3-303. Payment of tax — Returns — Bond — Stamps — Rules and regulations — Penalties — Armed forces exemption.
  1. (a) Any wholesaler who imports alcoholic beverages into this state, or who receives alcoholic beverages manufactured in the state, for the purpose of resale in any retail container for eventual retail sale or distribution by sale or gift in this state, shall pay the tax imposed in § 57-3-302; provided, that manufacturers and rectifiers duly qualified under this chapter shall be exempt therefrom on all out of state shipments made to persons holding both federal and state permits to sell alcoholic beverages; and provided further, that any distiller or manufacturer licensed to manufacture alcoholic beverages in Tennessee shall be permitted to pay such tax to the commissioner of revenue on such amount of its own product as may be needed for its own use, not to exceed one hundred (100) cases per month. Whenever “sale” or “sold” is used hereinafter in this section, it also means “use” or “used” and “distribute by gift” or “distributed by gift,” unless the context requires otherwise.
  2. (b)
    1. (1) The tax levied by § 57-3-302 shall become due and payable on the first day of each month following the month during which taxable transactions occur, and shall become delinquent if not paid on or before the fifteenth day of each such following month. For the purpose of ascertaining the amount of tax payable, it is the duty of each licensed wholesaler, distiller or manufacturer to transmit to the commissioner a return, as provided for hereinafter, on or before the fifteenth day of each month, upon forms prescribed, and furnished by the commissioner. The tax liability established on the return submitted shall be based upon adjusted gross sales, other than sales or returns to wholesalers and/or suppliers, for the preceding calendar month, and payment thereof shall be made on or before the fifteenth day following such month.
    2. (2) In the event of termination of business by a wholesaler, a final return shall be filed and all tax due paid on or before the fifteenth day following closure.
  3. (c)
    1. (1) Each wholesaler of alcoholic beverages in this state shall file, on or before the fifteenth day of each month, an exact and verified return with the commissioner showing therein, for the preceding calendar month, the quantities of alcoholic beverage:
      1. (A) Constituting the wholesaler's beginning and ending inventory;
      2. (B) Shipped to the wholesaler from within this state and received by the wholesaler in this state;
      3. (C) Shipped to the wholesaler from outside the state and received by the wholesaler in this state;
      4. (D) Sold by the wholesaler to purchasers or persons in this state and, indicated separately, those sales or transactions of alcoholic beverages to purchasers or persons within this state on which the tax levied in § 57-3-302 is not applicable; and
      5. (E) Sold by the wholesaler to purchasers or persons outside this state.
    2. (2) Such report shall also contain any other information required by the commissioner.
  4. (d) Each wholesaler, distiller or manufacturer required to file a return shall keep accurate and complete books and records, accounts, and other documents as may be deemed necessary by the commissioner and the commission to substantiate the accuracy of the wholesaler's, distiller's or manufacturer's return and the amount of tax due, and shall retain such records for a period of three (3) years.
  5. (e) The commission, after public hearing of which the licensee shall have due notice as heretofore provided in this chapter, may suspend or revoke any license heretofore issued under this chapter for a failure to pay any tax required by this chapter and may suspend or revoke such license for a violation of or failure to comply with the rules and regulations promulgated hereunder, upon receipt of a certification from the commissioner reflecting such failure to pay such tax or a violation of or failure to comply with such rules and regulations.
  6. (f)
    1. (1) In order to ensure the payment of taxes levied herein, every licensed wholesaler of alcoholic beverages shall qualify with the commissioner before making sales of any alcoholic beverages in this state.
    2. (2) In order to so qualify, each wholesaler who is licensed in this state shall annually furnish the department:
      1. (A) A cash bond, or a surety bond, with a solvent surety company qualified to do business in this state, the amount of which shall be no less than one hundred ten percent (110%) of the average monthly tax liability of such licensee for the taxes imposed herein during the preceding twelve-month period;
      2. (B) Any wholesaler shall before beginning business file an initial bond for a period of four (4) months, the amount of which shall be determined by the commissioner, and at the end of such period the bond shall be adjusted for the balance of the twelve-month period or until the following July 1, whichever occurs first, in an amount no less than one hundred ten percent (110%) of the average tax liability of licensee for the first four (4) months engaged in business, and such bond shall be adjusted annually thereafter in the manner as set forth in subdivision (f)(2)(A); and
      3. (C) Such other information as the commissioner may require.
  7. (g) The purchase and affixation of alcoholic beverage tax or identification stamps are not required in this state, and all requirements pertaining to the purchase and affixation of such stamps are hereby specifically repealed.
  8. (h)
    1. (1) If a taxpayer has been in continuous operation for three (3) consecutive years and during the preceding twelve (12) months has paid the gallonage tax imposed by § 57-3-302 for which the taxpayer is liable within the period set by this section or by rule, then the taxpayer shall not be required to execute and maintain any bond required by this section.
    2. (2) Any taxpayer exempted from the bonding requirement of this section who fails to pay the tax levied by § 57-3-302 within the period for payment set by this section or by rule shall, upon such failure, be required to execute and maintain a bond as required in this section.
  9. (i) The commission shall be authorized to prescribe the manner by which any licensee shall document that all alcoholic beverages sold or distributed in this state have been properly distributed and that all taxes imposed hereunder have been paid.
  10. (j) The commission and the commissioner are authorized to make reasonable rules and regulations, not inconsistent with this chapter, relative to the proper documentation needed to demonstrate that all alcoholic beverages and wine distributed in this state have been properly taxed.
  11. (k) The state tax set forth in this title on intoxicating liquor or alcoholic beverages, as defined in § 57-3-101, shall not be applicable to such intoxicating liquors or alcoholic beverages sold for consumption within the geographical boundaries of a fort, base, camp or post of the armed forces of the United States, or to post exchanges, ship service stores, commissaries and messes operated by the United States armed forces. The exemption of the tax herein made shall be effectuated by the department allowing wholesalers and distilleries, duly licensed in Tennessee, credit for taxes paid on such intoxicating liquors or alcoholic beverages sold to post exchanges, ship service stores, commissaries and messes operated and controlled by the United States armed forces, and which are instrumentalities of the government of the United States. This credit shall be allowed only upon application made therefor to the department by the wholesaler or distillery delivering the intoxicating liquor or alcoholic beverage, and upon a showing by copy of the invoice with the signature of an officer or civilian employee who possesses managerial authority over the post exchange, ship service store, commissary or mess certifying that the alcoholic beverage was sold to and delivered to the post exchange, ship service store, commissary or mess by the Tennessee wholesaler or distillery. In addition, the application shall be supported by such other evidence as the commissioner may by regulation require.
  12. (l) Notwithstanding § 57-3-302, the state tax on intoxicating liquor or alcoholic beverages with an alcoholic content of seven percent (7%) or less shall be one dollar and ten cents ($1.10) per gallon and no identification stamps shall be required to be fixed to the retail container of such alcoholic beverage.
Backlinks (5)
History (17)
  • Acts 1939, ch. 49, § 13
  • C. Supp. 1950, § 6648.19 (Williams, § 6648.16)
  • Acts 1965, ch. 119, § 1
  • 1968, ch. 521, § 1
  • 1970, ch. 361, § 1
  • 1970, ch. 398, § 1
  • 1974, ch. 707, § 1
  • modified
  • T.C.A. (orig. ed.), § 57-132
  • Acts 1980, ch. 885, § 4
  • 1983, ch. 119, § 1
  • 1987, ch. 226, § 1
  • 1988, ch. 526, § 13
  • 1990, ch. 621, §§ 1, 2
  • 1992, ch. 608, §§ 1-4
  • 1993, ch. 108, § 1
  • 2014, ch. 861, § 5.
§ 57-3-304. Sale or possession of untaxed alcoholic beverages unlawful.
  1. (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.
  2. (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.
  3. (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.
  4. (d) A violation of this section is a Class C misdemeanor.
Backlinks (1)
History (8)
  • 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
  • 2014, ch. 554, § 3.
§ 57-3-305. State tax exclusive.
  1. 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.
History (5)
  • 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.
§ 57-3-306. Disposition of tax proceeds.
  1. (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.
  2. (b)
    1. (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 (¾) in proportion to their population and one-fourth (¼) in proportion to their area.
    2. (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.
  3. (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.
  4. (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.
Backlinks (3)
History (18)
  • 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.
§ 57-3-307. Accounting for distribution of alcoholic beverages — Inventory adjustment for unsalable beverages.
  1. (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.
  2. (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.
History (5)
  • 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.
§ 57-3-308. Taxes on high alcohol content beer.
  1. 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.
History (1)
  • Acts 2011, ch. 448, § 18.
Part 4 Prohibited Acts — Enforcement
§ 57-3-401. Transportation, possession, importation, shipment or delivery of untaxed alcoholic beverages unlawful — Penalty.
  1. (a)
    1. (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. (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.
  2. (b)
    1. (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. (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.
History (7)
  • 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.
§ 57-3-402. Importation or transportation limited.
  1. (a) It is unlawful, except as permitted in this chapter, for any person to import or transport, or cause to be imported or transported from any other state, territory, or country, into this state, any alcoholic beverages defined in § 57-3-101. This subsection (a) shall not apply to alcoholic beverages imported or transported into this state pursuant to former § 39-17-705(5).
  2. (b) Except as provided in § 57-3-217, no common carrier or other person shall bring or carry into this state for delivery or use in this state any alcoholic beverages unless the same shall be consigned to a manufacturer or wholesaler duly licensed under this chapter, or unless the alcoholic beverages shall be consigned to a post exchange, ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, in which event notice of the shipment shall be given to the commission as required by § 57-3-110.
  3. (c) It is unlawful for any person, railroad company or other common carrier, to transport or accept delivery of alcoholic beverages, consigned to any person except those duly authorized and holding a wholesaler's license. This shall not apply to:
    1. (1) Shipments from a duly licensed wholesaler in this state to a retailer duly licensed or to points outside the state;
    2. (2) Alcoholic beverages consigned to a post exchange, ship's service store, club, commissary, or mess, or any other agency under the jurisdiction of the department of defense after notice of such shipment is given to the commission as required by § 57-3-110; or
    3. (3) Alcoholic beverages transported by a licensee pursuant to the rules and regulations of the commission for the purposes of conducting an educational seminar by a business licensed pursuant to § 57-3-204.
  4. (d) Transportation of alcoholic beverages as defined in this chapter, within, into, through or over this state in quantities in excess of five gallons (5 gals.) is permitted only in conformity with this chapter, except in counties wherein the sale of alcoholic beverages has been legalized.
  5. (e) No alcoholic beverages or wine may be sold or delivered to a retailer authorized to sell such alcoholic beverages or wine under this title, whether on premise or off premise, unless such alcoholic beverages have been stored or warehoused at a premises licensed by the commission pursuant to § 57-3-203 for a period of no less than twenty-four (24) hours. It is the stated purpose of this requirement to verify the legality of all alcoholic beverages or wine distributed in this state, and to facilitate the proper payment of all taxes on alcoholic beverages. This subsection (e) shall not apply to deliveries to a licensee under § 57-3-202(i), § 57-3-204(d), or § 57-3-207(r).
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History (12)
  • Acts 1939, ch. 49, §§ 12-14
  • C. Supp. 1950, §§ 6648.16, 6648.17, 6648.19 (Williams, §§ 6648.15-6648.17)
  • Acts 1955, ch. 347, §§ 2, 2A, 3
  • impl. am. Acts 1959, ch. 9, § 14
  • impl. am. Acts 1963, ch. 257, § 36
  • modified
  • T.C.A. (orig. ed.), § 57-138
  • Acts 1987, ch. 164, § 3
  • 1998, ch. 765, § 2
  • 2009, ch. 348, § 3
  • 2009, ch. 434, § 7
  • 2016, ch. 1068, § 2.
§ 57-3-403. Transportation in quantities in excess of five gallons — Bond — Bill of lading — Off-premises consumption.
  1. (a) The transportation of alcoholic beverages as defined in § 57-3-101, within, into, through, or from this state in quantities in excess of five gallons (5 gals.) is permitted only in conformity with this section or as otherwise permitted in this chapter:
    1. (1) Before any person shall transport any alcoholic beverages within, into, through, or from this state, except by means of common carrier, such person shall post with the commission a bond with approved surety payable to the state of Tennessee in the penalty of one thousand dollars ($1,000), upon condition that such person will not unlawfully transport or deliver any alcoholic beverages within, into, through, or from this state, and evidence that the required bond has been posted shall accompany the alcoholic beverages at all times during transportation. No such bond shall be required of any person licensed under this chapter to sell alcoholic beverages at wholesale when such alcoholic beverages are being transported in a vehicle belonging to the licensee;
    2. (2) Where alcoholic beverages are desired to be transported within, into, or through or from this state, such transportation shall be engaged in only when in accordance with this section or as otherwise permitted in this chapter, viz:
      1. (A) There shall accompany such alcoholic beverages at all times during transportation, a bill of lading or other memorandum of shipment signed by the consignor, showing an exact description of the alcoholic beverages being transported; the name and address of the consignor; the name and address of the consignee; and the route to be traveled by such vehicle while in Tennessee. Such route must be the most direct route from the consignor's place of business to the place of business of the consignee;
      2. (B) Vehicles transporting alcoholic beverages shall not vary from the route specified in the bill of lading or other memorandum of shipment;
      3. (C) The name of the consignor on any such bill of lading or other memorandum of shipment shall be the name of the true consignor of the alcoholic beverages being transported, and such consignor shall only be a person who has a legal right to make such shipment. The name of the consignee on any such bill of lading or memorandum of shipment shall be the name of the true consignee of the alcoholic beverages being transported, who has previously authorized in writing the shipment of the alcoholic beverages being transported and who has legal right to receive such alcoholic beverages at the point of destination shown on the bill of lading or other memorandum of shipment; and
      4. (D) The driver or person in charge of any vehicle covered by any bond posted with the commission under this section shall, when requested by any representative or agent of the commission or any person having police authority, exhibit to such person the bill of lading or other memorandum of shipment covering the cargo of such vehicle;
    3. (3) An alcoholic beverages wholesale licensee who also carries on a beer wholesale operation as provided by § 57-3-203(b)(2) may lawfully transport alcoholic beverages and beer in the same vehicle; provided, that all other legal requirements applicable to such transportation are satisfied.
  2. (b) Notwithstanding any provision of this section or title 39 to the contrary, in any jurisdiction wherein the retail sale of alcoholic beverages for consumption off the premises has been legalized, it shall be lawful to receive, possess and transport alcoholic beverages if all appropriate taxes as required by law have been paid upon such alcoholic beverages.
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History (7)
  • Acts 1945, ch. 167, § 9
  • C. Supp. 1950, § 6648.17
  • impl. am. Acts 1963, ch. 257, § 37
  • T.C.A. (orig. ed.), § 57-139
  • Acts 1982, ch. 614, § 1
  • 2009, ch. 434, §§ 8, 9
  • 2014, ch. 554, § 25.
§ 57-3-404. Regulations for purchase and sale of intoxicating liquors — Wholesalers — Check cashing — Ground floor location — Credit sales.
  1. (a) It is unlawful for any person in this state to buy any alcoholic beverages herein defined from any person, who, to the knowledge of the buyer, does not hold the appropriate license under the laws of this state authorizing the sale of such beverages to the buyer.
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  2. (b) No retailer shall purchase any alcoholic beverages from anyone other than a licensed wholesaler, nor shall any wholesaler sell any alcoholic beverages to anyone other than a licensed retailer or retail food store licensed to sell wine pursuant to part 8 of this chapter or a licensed wholesaler; provided, that such alcoholic beverages sold by one (1) wholesaler to another wholesaler shall be transported by common carrier or by vehicle owned or leased and operated by either the consignor wholesaler or the consignee wholesaler.
  3. (c) No manufacturer or distiller shall sell any alcoholic beverages to any person in this state except a licensed wholesaler and to another manufacturer or distiller, and no manufacturer shall hold a wholesaler's license.
  4. (d)
    1. (1) No alcoholic beverage for sale to the retailer, or the retailer's representative, shall be sold except by a licensed wholesaler, who sells for resale on the wholesaler's premises and who carries on no other business, directly or indirectly, and whose wholesale business in alcoholic beverages is not operated as an adjunct to, or supplementary to, the business of any other person, either by way of lease of the wholesale premises or otherwise, for any business other than that permitted by the terms of such wholesaler's wholesale license.
    2. (2) Notwithstanding the limitations and restrictions imposed by this section, a wholesaler may invest its business assets in other businesses, and may engage in the sale and distribution of products other than alcoholic beverages; provided, that gross revenues from such other businesses and from the sale of products other than alcoholic beverages may not exceed fifty percent (50%) of a wholesaler's total gross revenues.
    3. (3) A licensed alcoholic beverages wholesaler may lawfully engage in activities covered by chapter 5 of this title, as provided by § 57-3-203(b)(2), without regard to the amount of gross revenues produced by such operation. Such wholesaler may, at the wholesaler's discretion, use the same warehouse and other facilities, vehicles and employees in both operations; provided, that all legal requirements applicable to such operations are satisfied with respect to each operation.
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  5. (e)
    1. (1) No retail licensee shall operate its business involving the sale of wine, beer or other alcoholic beverages in connection with the wholesale distribution of wine, beer or other alcoholic beverage nor shall such licensee sell its wine, beer or other alcoholic beverage for purposes of resale.
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    2. (2) Notwithstanding subsection (a), beginning July 1, 2014, a retail licensee holding a license issued under § 57-3-204 shall be permitted to sell at retail beer and other malt beverages, subject to the restriction in [former] § 57-3-806(e) [repealed]. No permit or license other than the license issued pursuant to § 57-3-204 shall be required for the licensed retailer to engage in such sales of beer and other malt beverages and the issuer of that license has the authority to enforce any laws related to such sales.
    3. (3) A retail licensee shall be permitted to cash a check or other negotiable instrument for a fee when such service is made available to a person over twenty-one (21) years of age. No postdated check shall be cashed by a licensee under this section.
    4. (4) Beginning July 1, 2014, a retail licensee shall also be permitted to sell at retail items related to or incidental to the use, consumption, dispensing or storage of alcoholic beverages, together with merchandise and supplies related to special events or parties, subject to the restriction in [former] § 57-3-806(e) [repealed]. Such items may include, but are not limited to:
      1. (A) Newspapers, magazines, publications, videos and other media related to alcoholic beverages or food;
      2. (B) Utensils and supplies related or incidental to the use, consumption, dispensing or storage of alcoholic beverages, including, without limitation, corkscrews, beverage strainers, pourers, flasks, jiggers, stirrers, wine racks, wine refrigerators, wine cellars, decanters, carafes, glassware, ice crushers, bottle openers, can openers, and devices to maximize oxidation in uncorked wine bottles and other items used in connection with the consumption, storage or dispensing of alcoholic beverages;
      3. (C) Gift cards, packages and baskets that include alcoholic beverages and nonalcoholic items;
      4. (D) Nonalcoholic beverages;
      5. (E) Kegs and growlers, whether empty or filled with beer, wine or alcoholic beverages, on the licensed premises;
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      6. (F) Concentrates and ingredients used in the preparation of mixed alcoholic beverages;
      7. (G) Beer and wine-making kits;
      8. (H) Products and supplies related to beer and wine-making;
      9. (I) Lemons, limes, cherries, olives and other food items used in the preparation or garnishment of alcoholic beverages or mixed alcoholic beverages;
      10. (J) Peanuts, pretzels, chips, cheese, crackers, appetizers and other snack foods;
      11. (K) Beverage coolers, ice chests and ice in any form;
      12. (L) Party supplies, party decorations, gift bags, greeting cards and other items for parties and special events;
      13. (M) Articles of clothing and accessories imprinted with advertising, logos, slogans, trademarks or messages related to alcoholic beverages;
      14. (N) Combined packages containing multiple alcoholic beverages;
      15. (O) Cigarettes, cigars and lighters and other smoking or tobacco related products;
      16. (P) Lottery tickets if the retailer's application is approved by the Tennessee education lottery corporation as provided in § 4-51-115(e); and
      17. (Q) Notwithstanding another law to the contrary, any hemp or hemp-derived cannabinoid product for which all required licenses, permits, or certificates have been obtained authorizing the sale of such product within this state.
    5. (5) A retail licensee may sell nonalcoholic products to persons under twenty-one (21) years of age including gift cards.
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  6. (f) No wholesale or retail store shall be located except on the ground floor, and it may have two (2) main entrances opening on a public street, and such place of business shall have no other entrance for use by the public except as hereafter provided. When a wholesale or retail store is located on the corner of two (2) public streets, such wholesale or retail store may maintain a door opening on each of the public streets. Any sales room adjoining the lobby of a hotel or other public building may maintain an additional door into such lobby so long as same shall be open to the public. Every wholesale and retail store shall be provided with whatever entrances and exits may be required by existing or future municipal ordinances. When the location of a wholesale or retail liquor store is authorized to be located or operated within an established shopping center or shopping mall, and such liquor store cannot and does not have a main entrance or door opening onto a public street, but the main entrance or door would open or front on a shopping center parking area, the commission in its discretion may approve the issuance of a liquor license to cover such location within the shopping center or shopping mall, irrespective of the fact that the main entrance or door does not or would not open onto a public street.
  7. (g)
    1. (1) No holder of a license for the sale of alcoholic beverages for wholesale or retail shall sell, deliver, or cause, permit or procure to be sold or delivered, any alcoholic beverages on credit, except that holders of wholesale licenses may sell on not more than ten (10) days' credit.
    2. (2) The ten-day period begins from delivery and receipt by the retail licensee. The ten-day period cannot include any day that the wholesaler is not open to make deliveries, receive payment or receive mail.
    3. (3) Any suspension of deliveries is a credit decision to be made by a wholesaler and a retail licensee.
    4. (4) A wholesaler shall be permitted to communicate with another wholesaler about the account status of any retail licensee.
    5. (5) Wholesalers shall advise the commission of any failure of a retailer to comply with this subsection (g).
    6. (6) The commission shall be permitted to post the account status of a retail licensee with any wholesaler on its website.
    7. (7) This subsection (g) shall not apply to nonalcoholic products.
  8. (h)
    1. (1) No alcoholic beverages shall be sold for consumption on the premises of the seller except as provided in §§ 57-4-101 — 57-4-203, and except as may be permitted by the regulations of the commission for the purpose of conducting consumer educational seminars by a licensee under § 57-3-204, conducted on the premises of a business licensed pursuant to §§ 57-4-101 — 57-4-203. A wholesaler licensed pursuant to § 57-3-203 or a person holding a permit as a representative or sales person pursuant to § 57-3-203(d) may conduct a sales demonstration on the premises of a licensed retailer and, for such limited purpose, may provide free samples to the employees of a licensed retailer for consumption on such premises. A retail licensee may conduct such a sales demonstration for the persons employed by such licensee holding permits issued pursuant to [former] § 57-3-204(c) [repealed] using products and samples provided by a wholesaler or wholesaler sales representative notwithstanding the absence of the wholesaler or wholesaler sales representative. All such sales demonstrations permitted consumption shall be permitted only for sales, education, and promotional purposes and no one other than a retail licensee, a person holding a permit issued pursuant to [former] § 57-3-204(c) [repealed], a wholesaler or a wholesaler sales representative, or a person holding a permit issued pursuant to § 57-3-202(d) may be present in the room where such demonstration is conducted or may receive a sample for consumption.
    2. (2)
      1. (A) A retail licensee may offer complimentary samples of the products it sells for tastings to be held on the premises of the retail licensee. Such tastings shall be for sales, education and promotional purposes. No person holding a license under § 57-3-203 shall, directly or indirectly, provide any products, funding, labor, support or reimbursement to a retailer for the consumer tastings authorized by this subdivision (h)(2).
      2. (B)
        1. (i) The tastings may be held at the option of the retail licensee during the hours the retail licensee is open for business, without filing any notice other than as provided in subdivision (h)(2)(B)(ii) with the commission, and no charge or fee may be assessed by the commission for a retail licensee to offer such complimentary samples.
        2. (ii) With its annual renewal, the retail licensee shall notify the commission of its intention to conduct tastings during the year on the premises of the retail licensee. If following the date the license is renewed, the retail licensee makes a determination to offer tastings, the licensee shall notify the commission of its intention to conduct tastings for the remainder of the year.
      3. (C) The size of each sample shall be no greater than approximately two ounces (2 oz.) for each wine or high alcohol content beer sample and no greater than approximately one-half ounce (½ oz.) for each liquor sample. It is the responsibility of the retail licensee to limit the number of tastings per customer and the number of products available for tasting.
      4. (D) Notwithstanding any law or rule to the contrary, a retail licensee or employee of the licensee may participate in tastings.
      5. (E) A server permit is not required for employees conducting tastings if the employee has a permit pursuant to § 57-3-703; provided, that every retail licensee which offers tastings is encouraged to ensure that any employee who is involved with the tastings understands that a violation of § 57-3-406(c) and (d) and § 57-3-412 related to retail sales apply equally to those customers who participate in the tastings.
      6. (F) A supplier may provide, through licensed wholesalers, products for tasting purposes by a retail licensee.
      7. (G)
        1. (i) Notwithstanding subdivisions (h)(2)(A)-(F), a manufacturer conducting a consumer tasting at a retail licensee's premises may, in the manufacturer's discretion:
          1. (a) Have a licensed wholesaler deliver the product to be tasted directly to the retailer using a zero dollar ($0.00) invoice; or
          2. (b) Obtain the product to be tasted from a wholesaler in advance of the tasting and bring the product to the retail licensee's premises to be used exclusively for consumer tastings.
        2. (ii) If a manufacturer chooses the option in subdivision (h)(2)(G)(i)(b), then the applicable wholesaler shall provide a zero dollar ($0.00) invoice for the product requested by the manufacturer. In addition, the manufacturer must notify the wholesaler in writing at least five (5) business days prior to pick up by the manufacturer of any scheduled consumer tasting that includes the date and location of the consumer tastings. If additional tastings occur, each manufacturer shall notify in writing their wholesalers of the date and location of the consumer tasting at least five (5) business days after such tastings.
        3. (iii) A manufacturer may acquire a reasonable amount of product for consumer tastings that will occur in the next thirty (30) days. If a manufacturer has leftover product after this thirty-day period, then the manufacturer may email the applicable wholesalers the approximate amount of leftover product, and the manufacturer may possess this overage for another thirty (30) days. This process may continue indefinitely until the extra product is used up or poured out by the manufacturer.
        4. (iv) A manufacturer shall not leave excess or leftover product, either sealed or unsealed, with a retail licensee. All product must be taken by the manufacturer to be used by them for future consumer tastings.
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  9. (i) No wholesaler may provide a discount or other reduction in price to a retailer or retail food store wine licensee by virtue of the sales made to any other licensee. Any discount or pricing made available to a retailer or retail food store wine licensee shall be made available on the same terms and conditions to other retailers and food store wine licensees within the same jurisdiction. Any quantity discounts provided by wholesalers to any retailer licensed under this chapter or any licensee licensed under chapter 4 of this title cannot be cumulative in nature, but can be based only upon products delivered contemporaneously. No retail food store wine licensee may receive any remuneration, by whatever name, at a corporate office located inside or outside this state that affects the profitability of wine or beer sales in this state, that is not made available to all retail licensees or other retail food stores licensed to sell wine or beer in this state.
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History (21)
  • Acts 1939, ch. 49, §§ 5, 11, 14
  • 1945, ch. 48, § 1
  • 1945, ch. 167, § 6
  • C. Supp. 1950, §§ 6648.15-6648.17 (Williams, §§ 6648.8, 6648.14, 6648.17)
  • Acts 1955, ch. 347, § 1A
  • 1967, ch. 211, § 2
  • 1970, ch. 469, § 2
  • 1971, ch. 72, § 1
  • modified
  • T.C.A. (orig. ed.), § 57-140
  • Acts 1983, ch. 454, § 1
  • 1993, ch. 157, § 1
  • 1997, ch. 35, § 1
  • 1998, ch. 765, § 3
  • 2002, ch. 672, § 2
  • 2011, ch. 448, § 19
  • 2012, ch. 947, § 2
  • 2014, ch. 554, §§ 2, 10, 14, 17, 19, 26, 29
  • 2017, ch. 443, § 6
  • 2021, ch. 437, § 1
  • 2024, ch. 940, § 1.
§ 57-3-405. Solicitation of business restricted.
  1. 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.
History (4)
  • 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
  • Acts 2014, ch. 554, § 31.
§ 57-3-406. Regulation of retail sales. [Effective on January 1, 2025. See the version effective until January 1, 2025.]
  1. (a)
    1. (1)
      1. (A) Except for retailers licensed under § 57-3-204, no person, corporation or other entity shall, directly or indirectly, operate any licensed retail establishment selling alcoholic spirituous beverages, not including wine, for off-premises consumption in this state.
      2. (B) “Indirectly” means any kind of interest in such a retail business by way of stock ownership, loan, partner's interest or otherwise.
      3. (C) A landlord shall be deemed to have an indirect interest in such a retail business when the lease agreement is based upon a percentage of profits or any other factor based upon sales of alcoholic beverages by the tenant as distinguished from being simply an interest in land for a period of time at a definite rate.
    2. (2) Except as provided in this subsection (a), nothing shall prohibit the holder of a retail license from having more than one (1) retail license; provided, however, that the holder of a retail license shall not have more than two (2) retail licenses. If the commission has issued more than two (2) licenses to any person prior to April 12, 2016, such person shall be allowed to continue to have all such licenses and may renew all such licenses.
    3. (3) In any municipality or county in which the issuance of two (2) or more retail licenses have been authorized under § 57-3-208(c), no retail licensee shall hold more than fifty percent (50%) of the licenses authorized for issuance in such municipality or county.
    4. (4) For five (5) years beginning January 1, 2014, no retail license shall be issued to any applicant for a new location that is within one thousand five hundred feet (1,500′) of an existing operating establishment holding a license issued pursuant to § 57-3-204 as of July 1, 2014, (an “existing licensed premises”) if the applicant for such new retail license already holds one (1) or more retail licenses issued under § 57-3-204, unless the commission receives the written consent from each retail licensee owning an existing licensed premises within one thousand five hundred feet (1,500′) of such new location. Notwithstanding any law to the contrary, the holder of one (1) or more retail licenses issued under § 57-3-204 may purchase the business or assets of an existing licensed premises and obtain a retail license to operate such existing licensed premises, as the same may be expanded or modified, from time to time. Nothing in this subdivision (a)(4) shall be deemed to prohibit a retailer licensed under § 57-3-204 from obtaining a new or replacement license in connection with the relocation of an existing licensed premises, as long as the new location is within the jurisdiction of the municipality or county issuing the certificate required under § 57-3-208 for such existing licensed premises.
  2. (b) This chapter does not prohibit a retailer from offering a discount in such manner as the retailer deems appropriate as long as the discount being offered is not below the cost to the retailer. As used in this subsection (b), “cost to the retailer” has the same meaning as defined in § 57-3-1002.
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  3. (c) No retailer shall sell any alcoholic beverages or beer to any person who is visibly intoxicated, nor shall any retailer selling alcoholic beverages or beer sell to any person accompanied by a person who is visibly intoxicated.
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  4. (d)
    1. (1) A retailer or any employee thereof shall not make or permit to be made any sales of alcoholic beverages or beer to minors. Prior to making a sale of alcoholic beverages for off-premises consumption, the adult consumer whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older must present to the retailer or any employee of the retailer a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the retailer that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the retailer. The retailer or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of alcoholic beverages for off-premises consumption shall be made to a person whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction.
    2. (2) As used in this section, “other form of identification” includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a retailer for the purpose of aiding the employee in determining whether or not the person is at least twenty-one (21) years of age when such person desires to purchase alcoholic beverages or beer procured from a retailer if the system demonstrates that:
      1. (A) The adult consumer is at least twenty-one (21) years of age; and
      2. (B) The adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage or beer purchase.
    3. (3) A violation of subdivision (d)(1) is a Class A misdemeanor.
      Backlinks (1)
    4. (4) The commission may, upon finding that a licensee has violated subdivision (d)(1) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee.
  5. (e) No retail store shall sell, give away, or otherwise dispense alcoholic beverages except between the hours of eight o'clock a.m. (8:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Monday through Saturday and between ten o'clock a.m. (10:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Sunday.
    Backlinks (1)
  6. (f) Except as provided in § 57-3-404(e)(4)(E), no retailer of alcoholic beverages shall keep or permit to be kept upon the licensed premises any alcoholic beverages in any unsealed bottles or other unsealed containers except such open bottles and containers of damaged and unmarketable product retained by the retail licensee for purpose of return to a wholesaler or such open bottles and containers required for conducting a sales demonstration as permitted by § 57-3-404(h).
  7. (g) No retailer as herein defined shall own, store or possess upon the licensed premises any merchandise unless the retailer shall also possess such documentation as prescribed by the commission to demonstrate that the taxes imposed in this chapter have been paid. No retailer may store any alcoholic beverages, wine, or beer at any location other than the licensed premises and the retailer shall not hold, store, or accept delivery of any products intended for another retailer.
  8. (h) Notwithstanding subsection (e), a retailer shall not sell or give away any alcoholic beverages on Christmas, Thanksgiving, or Easter.
  9. (i) No retail food store shall keep, or permit to be kept, upon the licensed premises any wine in any unsealed bottles or other unsealed containers except such open bottles and containers of damaged and unmarketable product retained by the retail food store for purpose of return to a wholesaler. This subsection (i) shall not apply to the premises within a retail food store that has a license under chapter 4 of this title.
  10. (j)
    1. (1) Notwithstanding any provision of this title to the contrary, retailers licensed under § 57-3-204 are authorized, for a fee or without a fee, to provide, within the state, consulting services related to alcoholic beverages and to the products, merchandise, and supplies that the retailer is authorized to sell under § 57-3-404(e), and may supply, sell, deliver, and install products authorized to be sold by the retailer to locations outside of the licensed premises.
    2. (2) Any licensee making a delivery of alcohol, wine, or beer is subject to subsections (c) and (d) except that no person receiving delivery of alcohol, wine, or beer shall be required to purchase such items at the physical location of the retailer. The licensee shall require a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the retailer that includes the photograph and birth date of the person receiving the delivery and that shall be deemed sufficient to meet the requirements of this subdivision (j)(2) and subsection (d). A record of all deliveries shall be maintained in writing and must contain all information concerning the recipient, products delivered, the time of delivery, and place of delivery.
    3. (3) Any delivery made by a retailer pursuant to this subsection (j) must be made only to the physical address indicated by the individual placing the delivery order. The delivery must be documented by a verification of the delivery signed by the recipient.
    Backlinks (1)
  11. (k)
    1. (1) Except as otherwise provided in subdivision (k)(3), notwithstanding any law or rule to the contrary, a delivery service that delivers prepared food from restaurants or food from a retailer to customers as part of the delivery service's business is authorized to deliver sealed packages of alcoholic beverages or beer or both sold by a retailer licensed under § 57-3-204 to the delivery service's customers and to deliver sealed packages of beer sold by an off-premise retail permittee licensed under § 57-5-103 to the delivery service's customers during the hours that these products may legally be sold if:
      1. (A) The amount of alcoholic beverages or beer delivered to a customer is in such an amount to satisfy the customer's order; provided, however, if an amount ordered exceeds two gallons (2 gals.), then the delivery driver shall have available for inspection by a commission representative or other law enforcement official, a copy of the customer's order indicating the:
        1. (i) Name of the customer and the name of the recipient of the alcoholic beverages or beer;
        2. (ii) Address where the alcoholic beverages or beer is to be delivered; and
        3. (iii) Amount of the alcoholic beverages or beer to be delivered;
      2. (B) At least fifty percent (50%) of the delivery service's gross sales come from the delivery of food products or prepared food;
      3. (C) Any delivery service employee who delivers alcoholic beverages or beer is twenty-one (21) years of age or older and is licensed pursuant to § 57-3-225;
      4. (D) The delivery service is licensed pursuant to § 57-3-224;
      5. (E) The delivery service has a written agreement with the retailer or permittee to deliver the retailer's or permittee's alcoholic beverages or beer to customers;
      6. (F) Any delivery service employee, who delivers alcoholic beverages or beer, requires the customer to show a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the employee that includes the photograph and birth date of the customer before the customer is allowed possession of the alcoholic beverages or beer; and
      7. (G) Any delivery made by a delivery service is made only to the physical address indicated by the individual placing the delivery order. The delivery must be documented by a verification of the delivery signed by the recipient.
    2. (2) A delivery service described in subdivision (k)(1) shall not be prohibited from charging a fee either to customers, retailers, or beer permittees with whom the delivery service has previously entered into a written agreement as required by subdivision (k)(1)(E) when delivering sealed packages of alcoholic beverages or beer sold by a retailer or beer permittee.
    3. (3) If a delivery service is delivering alcoholic beverages or beer purchased from a retailer in accordance with subdivision (k)(1), the delivery service shall not deliver the alcoholic beverages or beer to a customer who resides or is located at the time of the delivery at a distance greater than one hundred (100) miles from the licensed premises of the retailer at which the alcoholic beverages or beer was purchased.
    Backlinks (1)
History (27)
  • Acts 1939, ch. 49, §§ 11, 12
  • 1943, ch. 99, § 1
  • 1945, ch. 167, § 8
  • C. Supp. 1950, §§ 6648.15, 6648.16 (Williams, §§ 6648.14, 6648.15)
  • Acts 1970, ch. 469, § 3
  • 1970, ch. 518, § 1
  • T.C.A. (orig. ed.), § 57-142
  • Acts 1981, ch. 479, § 1
  • 1984, ch. 746, § 2
  • 1992, ch. 608, § 8
  • 1995, ch. 223, § 1
  • 2002, ch. 672, § 1
  • 2009, ch. 208, § 1
  • 2012, ch. 947, § 4
  • 2014, ch. 554, §§ 8, 9, 12, 18, 28
  • 2014, ch. 861, § 16
  • 2015, ch. 285, § 1
  • 2015, ch. 428, §§ 3, 4
  • 2016, ch. 787, §§ 2, 3
  • 2016, ch. 898, § 2
  • 2016, ch. 1045, §§ 5-8
  • 2016, ch. 1068, §§ 4, 5
  • 2018, ch. 765, § 5
  • 2018, ch. 783, §§ 1, 2
  • 2018, ch. 933, §§ 1, 2, 5
  • 2022, ch. 859, § 3
  • 2024, ch. 850, § 3.
§ 57-3-406. Regulation of retail sales. [Effective until January 1, 2025. See the version effective on January 1, 2025.]
  1. (a)
    1. (1)
      1. (A) Except for retailers licensed under § 57-3-204, no person, corporation or other entity shall, directly or indirectly, operate any licensed retail establishment selling alcoholic spirituous beverages, not including wine, for off-premises consumption in this state.
      2. (B) “Indirectly” means any kind of interest in such a retail business by way of stock ownership, loan, partner's interest or otherwise.
      3. (C) A landlord shall be deemed to have an indirect interest in such a retail business when the lease agreement is based upon a percentage of profits or any other factor based upon sales of alcoholic beverages by the tenant as distinguished from being simply an interest in land for a period of time at a definite rate.
    2. (2) Except as provided in this subsection (a), nothing shall prohibit the holder of a retail license from having more than one (1) retail license; provided, however, that the holder of a retail license shall not have more than two (2) retail licenses. If the commission has issued more than two (2) licenses to any person prior to April 12, 2016, such person shall be allowed to continue to have all such licenses and may renew all such licenses.
    3. (3) In any municipality or county in which the issuance of two (2) or more retail licenses have been authorized under § 57-3-208(c), no retail licensee shall hold more than fifty percent (50%) of the licenses authorized for issuance in such municipality or county.
    4. (4) For five (5) years beginning January 1, 2014, no retail license shall be issued to any applicant for a new location that is within one thousand five hundred feet (1,500′) of an existing operating establishment holding a license issued pursuant to § 57-3-204 as of July 1, 2014, (an “existing licensed premises”) if the applicant for such new retail license already holds one (1) or more retail licenses issued under § 57-3-204, unless the commission receives the written consent from each retail licensee owning an existing licensed premises within one thousand five hundred feet (1,500′) of such new location. Notwithstanding any law to the contrary, the holder of one (1) or more retail licenses issued under § 57-3-204 may purchase the business or assets of an existing licensed premises and obtain a retail license to operate such existing licensed premises, as the same may be expanded or modified, from time to time. Nothing in this subdivision (a)(4) shall be deemed to prohibit a retailer licensed under § 57-3-204 from obtaining a new or replacement license in connection with the relocation of an existing licensed premises, as long as the new location is within the jurisdiction of the municipality or county issuing the certificate required under § 57-3-208 for such existing licensed premises.
  2. (b) This chapter does not prohibit a retailer from offering a discount in such manner as the retailer deems appropriate as long as the discount being offered is not below the cost to the retailer. As used in this subsection (b), “cost to the retailer” has the same meaning as defined in § 57-3-1002.
    Backlinks (2)
  3. (c) No retailer shall sell any alcoholic beverages or beer to any person who is visibly intoxicated, nor shall any retailer selling alcoholic beverages or beer sell to any person accompanied by a person who is visibly intoxicated.
    Backlinks (1)
  4. (d)
    1. (1) A retailer or any employee thereof shall not make or permit to be made any sales of alcoholic beverages or beer to minors. Prior to making a sale of alcoholic beverages for off-premises consumption, the adult consumer whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older must present to the retailer or any employee of the retailer a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the retailer that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the retailer. The retailer or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of alcoholic beverages for off-premises consumption shall be made to a person whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction.
    2. (2) A violation of subdivision (d)(1) is a Class A misdemeanor.
    3. (3) The commission may, upon finding that a licensee has violated subdivision (d)(1) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee.
      Backlinks (1)
  5. (e) No retail store shall sell, give away, or otherwise dispense alcoholic beverages except between the hours of eight o'clock a.m. (8:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Monday through Saturday and between ten o'clock a.m. (10:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Sunday.
    Backlinks (1)
  6. (f) Except as provided in § 57-3-404(e)(4)(E), no retailer of alcoholic beverages shall keep or permit to be kept upon the licensed premises any alcoholic beverages in any unsealed bottles or other unsealed containers except such open bottles and containers of damaged and unmarketable product retained by the retail licensee for purpose of return to a wholesaler or such open bottles and containers required for conducting a sales demonstration as permitted by § 57-3-404(h).
  7. (g) No retailer as herein defined shall own, store or possess upon the licensed premises any merchandise unless the retailer shall also possess such documentation as prescribed by the commission to demonstrate that the taxes imposed in this chapter have been paid. No retailer may store any alcoholic beverages, wine, or beer at any location other than the licensed premises and the retailer shall not hold, store, or accept delivery of any products intended for another retailer.
  8. (h) Notwithstanding subsection (e), a retailer shall not sell or give away any alcoholic beverages on Christmas, Thanksgiving, or Easter.
  9. (i) No retail food store shall keep, or permit to be kept, upon the licensed premises any wine in any unsealed bottles or other unsealed containers except such open bottles and containers of damaged and unmarketable product retained by the retail food store for purpose of return to a wholesaler. This subsection (i) shall not apply to the premises within a retail food store that has a license under chapter 4 of this title.
  10. (j)
    1. (1) Notwithstanding any provision of this title to the contrary, retailers licensed under § 57-3-204 are authorized, for a fee or without a fee, to provide, within the state, consulting services related to alcoholic beverages and to the products, merchandise, and supplies that the retailer is authorized to sell under § 57-3-404(e), and may supply, sell, deliver, and install products authorized to be sold by the retailer to locations outside of the licensed premises.
    2. (2) Any licensee making a delivery of alcohol, wine, or beer is subject to subsections (c) and (d) except that no person receiving delivery of alcohol, wine, or beer shall be required to purchase such items at the physical location of the retailer. The licensee shall require a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the retailer that includes the photograph and birth date of the person receiving the delivery and that shall be deemed sufficient to meet the requirements of this subdivision (j)(2) and subsection (d). A record of all deliveries shall be maintained in writing and must contain all information concerning the recipient, products delivered, the time of delivery, and place of delivery.
    3. (3) Any delivery made by a retailer pursuant to this subsection (j) must be made only to the physical address indicated by the individual placing the delivery order. The delivery must be documented by a verification of the delivery signed by the recipient.
    Backlinks (1)
  11. (k)
    1. (1) Except as otherwise provided in subdivision (k)(3), notwithstanding any law or rule to the contrary, a delivery service that delivers prepared food from restaurants or food from a retailer to customers as part of the delivery service's business is authorized to deliver sealed packages of alcoholic beverages or beer or both sold by a retailer licensed under § 57-3-204 to the delivery service's customers and to deliver sealed packages of beer sold by an off-premise retail permittee licensed under § 57-5-103 to the delivery service's customers during the hours that these products may legally be sold if:
      1. (A) The amount of alcoholic beverages or beer delivered to a customer is in such an amount to satisfy the customer's order; provided, however, if an amount ordered exceeds two gallons (2 gals.), then the delivery driver shall have available for inspection by a commission representative or other law enforcement official, a copy of the customer's order indicating the:
        1. (i) Name of the customer and the name of the recipient of the alcoholic beverages or beer;
        2. (ii) Address where the alcoholic beverages or beer is to be delivered; and
        3. (iii) Amount of the alcoholic beverages or beer to be delivered;
      2. (B) At least fifty percent (50%) of the delivery service's gross sales come from the delivery of food products or prepared food;
      3. (C) Any delivery service employee who delivers alcoholic beverages or beer is twenty-one (21) years of age or older and is licensed pursuant to § 57-3-225;
      4. (D) The delivery service is licensed pursuant to § 57-3-224;
      5. (E) The delivery service has a written agreement with the retailer or permittee to deliver the retailer's or permittee's alcoholic beverages or beer to customers;
      6. (F) Any delivery service employee, who delivers alcoholic beverages or beer, requires the customer to show a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the employee that includes the photograph and birth date of the customer before the customer is allowed possession of the alcoholic beverages or beer; and
      7. (G) Any delivery made by a delivery service is made only to the physical address indicated by the individual placing the delivery order. The delivery must be documented by a verification of the delivery signed by the recipient.
    2. (2) A delivery service described in subdivision (k)(1) shall not be prohibited from charging a fee either to customers, retailers, or beer permittees with whom the delivery service has previously entered into a written agreement as required by subdivision (k)(1)(E) when delivering sealed packages of alcoholic beverages or beer sold by a retailer or beer permittee.
    3. (3) If a delivery service is delivering alcoholic beverages or beer purchased from a retailer in accordance with subdivision (k)(1), the delivery service shall not deliver the alcoholic beverages or beer to a customer who resides or is located at the time of the delivery at a distance greater than one hundred (100) miles from the licensed premises of the retailer at which the alcoholic beverages or beer was purchased.
    Backlinks (1)
History (26)
  • Acts 1939, ch. 49, §§ 11, 12
  • 1943, ch. 99, § 1
  • 1945, ch. 167, § 8
  • C. Supp. 1950, §§ 6648.15, 6648.16 (Williams, §§ 6648.14, 6648.15)
  • Acts 1970, ch. 469, § 3
  • 1970, ch. 518, § 1
  • T.C.A. (orig. ed.), § 57-142
  • Acts 1981, ch. 479, § 1
  • 1984, ch. 746, § 2
  • 1992, ch. 608, § 8
  • 1995, ch. 223, § 1
  • 2002, ch. 672, § 1
  • 2009, ch. 208, § 1
  • 2012, ch. 947, § 4
  • 2014, ch. 554, §§ 8, 9, 12, 18, 28
  • 2014, ch. 861, § 16
  • 2015, ch. 285, § 1
  • 2015, ch. 428, §§ 3, 4
  • 2016, ch. 787, §§ 2, 3
  • 2016, ch. 898, § 2
  • 2016, ch. 1045, §§ 5-8
  • 2016, ch. 1068, §§ 4, 5
  • 2018, ch. 765, § 5
  • 2018, ch. 783, §§ 1, 2
  • 2018, ch. 933, §§ 1, 2, 5
  • 2022, ch. 859, § 3.
§ 57-3-407. Action against commission — Venue.
  1. Any action brought against the commission as such shall be brought in the circuit court of Davidson County.
History (4)
  • Acts 1939, ch. 49, § 14
  • C. Supp. 1950, § 6648.17
  • impl. am. Acts 1963, ch. 257, § 41
  • T.C.A. (orig. ed.), § 57-143.
§ 57-3-408. Actions by attorney general to recover fees, taxes, penalties.
  1. Whenever any person licensed under this chapter fails to account for or pay over any license fees or taxes or levies by this chapter provided, or defaults in any of the conditions of the person's bond, or whenever any person, whether licensed hereunder or unlicensed, shall have failed or refused to pay any obligations or liability, forfeiture or penalty imposed by this chapter, the commission shall report the same to the attorney general and reporter, who shall immediately institute the necessary action for the recovery of any such license fee, tax, levy, or any sum due the state of Tennessee by reason of any of this chapter, and the district attorney general of the circuit is ordered and directed to assist the attorney general and reporter whenever required.
History (4)
  • Acts 1939, ch. 49, § 14
  • C. Supp. 1950, § 6648.17
  • impl. am. Acts 1963, ch. 257, § 42
  • T.C.A. (orig. ed.), § 57-144.
§ 57-3-409. Investigations by commission.
  1. The commission is authorized to examine the books, papers and records of any wholesaler and dealer in this state for the purpose of determining whether the tax so imposed by this chapter has been fully paid, and shall have the power to investigate and examine, according to law, any premises where any alcoholic beverage is possessed, or stored for the purpose of sale, or sold, for the purpose of determining whether this chapter is being complied with. Any refusal to permit the examination of any of such books, papers, and records, or the investigation and examination of such premises, shall constitute sufficient reason for the revocation of a license or the refusal to issue a license.
History (4)
  • Acts 1939, ch. 49, § 13
  • C. Supp. 1950, § 6648.19 (Williams, § 6648.16)
  • impl. am. Acts 1963, ch. 257, § 43
  • T.C.A. (orig. ed.), § 57-145.
§ 57-3-410. Grand jury investigations.
  1. To the end that this chapter may be better enforced, the grand juries of this state shall have and are clothed with inquisitorial power to inquire into and ascertain whether or not there has been any violation of this chapter, and to return indictments in proper cases. It shall be the duty of all circuit and criminal court judges to give this law in their charges to the grand juries of the state, and all sheriffs and other peace officers charged with the enforcement of the laws of the state are also required to enforce this chapter.
Backlinks (1)
History (3)
  • Acts 1939, ch. 49, § 14
  • C. Supp. 1950, § 6648.17
  • T.C.A. (orig. ed.), § 57-146.
§ 57-3-411. Contraband goods — Property subject to seizure and sale.
  1. (a) All alcoholic beverages as defined in § 57-3-101 which are or shall be owned or possessed by any person in avoidance, evasion or violation of any of this chapter are declared to be contraband goods, and the same may be seized by the alcoholic beverage commission, or any duly authorized representative, agent or employee of the commission, without a warrant, and such goods may be delivered to the commission for sale at public auction to the highest bidder after due advertisement. The proceeds of all such seizures shall be paid by the commission into the state treasury, and ten percent (10%) of such proceeds shall be set aside as expenses for the administration of this section.
  2. (b) Any vehicle, not a common carrier, which may be used for transportation for the purpose of distribution, gift or sale of untaxed alcoholic beverages shall likewise be subject to confiscation and sale, in the same manner as above provided. Should any alcoholic beverages in excess of five gallons (5 gals.) be found in any vehicle without receipts or other prescribed documents demonstrating that the tax under this chapter has been paid, the same shall be prima facie evidence that it was there for gift, sale or distribution.
  3. (c) In all cases of seizure of any alcoholic beverages, or other property subject to forfeiture under this chapter, the officer or other person making the seizure shall proceed as follows:
    1. (1) The officer or other person shall deliver to the person, if any, found in possession of such property, a receipt, showing a general description of the seized goods. A copy of the receipt shall be filed in the office of the commission and shall be open to the public for inspection;
    2. (2) All such property seized and confiscated under this chapter may be sold at public sale by the commissioner of general services when the same has been turned over to the commissioner by the commission as now authorized by law;
    3. (3)
      1. (A) Any person claiming any property so seized as contraband may within ten (10) days from the date of seizure, file with the commission at Nashville a claim in writing, requesting a hearing and stating the person's interest in the articles seized. The commission shall set a date for hearing within ten (10) days from the day the claim is filed. Any decision of the commission adverse to any claimant may be reviewed in the manner now provided by law for the review of actions of boards or commissions as prescribed by title 27, chapter 9;
      2. (B) In the event the ruling of the commission is favorable to the claimant, the commission shall deliver to the claimant the alcoholic beverages or other property so seized. If the ruling of the commission is adverse to the claimant, the commission shall proceed to sell such contraband goods in accordance with the foregoing provisions of this section, unless the claimant shall secure a supersedeas under § 27-9-106, or unless the claimant shall give a bond under subdivision (c)(3)(C);
      3. (C) When the ruling of the commission is adverse to the claimant, the alcoholic beverages or property so seized shall be delivered to the claimant. Such claimant shall give a bond payable to the state of Tennessee in an amount double the value of the property seized, with sureties approved by the commission. The condition of the bond shall be that the obligors shall pay to the state, through the commission, the full value of the goods or property seized, unless upon certiorari the decision of the commission shall be reversed and the right of the claimant to such property is judicially determined;
      4. (D) If no claim is interposed, such alcoholic beverages or other property shall be forfeited without further proceedings and the same shall be sold as herein provided. The above procedure is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction or in any other manner.
  4. (d) If, incidental to a confiscation of contraband as defined herein, there is discovered any beer as defined in § 57-5-101(b) deemed to be held or transported illegally within the purview of § 57-5-409, or any tobacco products deemed to be held or transported illegally within the purview of § 67-4-1020, the confiscating officer is hereby empowered and required to seize such beer or tobacco, notwithstanding the fact that such officer may not otherwise be empowered to take such action under § 57-5-409 or § 67-4-1020. Any beer or tobacco seized pursuant hereto shall be delivered promptly as provided by § 57-5-409 or § 67-4-1020, whichever is appropriate, to the department of revenue for sale or disposition as contraband in accordance with chapter 5 of this title or title 67, chapter 4, part 10, whichever is appropriate.
  5. (e) In all cases of seizure or confiscation of property under this chapter where the commission does not sell such property at public auction, the commission may destroy such property after resolution of the criminal or administrative process; provided, that the property is of nominal value in comparison to the cost of a public sale.
Backlinks (6)
History (13)
  • Acts 1939, ch. 49, § 19
  • C. Supp. 1950, § 6648.20 (Williams, § 6648.22)
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1959, ch. 301, § 1
  • impl. am. Acts 1961, ch. 97, § 5
  • impl. am. Acts 1963, ch. 257, § 45
  • impl. am. Acts 1972, ch. 543, § 7
  • Acts 1973, ch. 68, § 5
  • T.C.A. (orig. ed.), § 57-147
  • Acts 1992, ch. 608, §§ 9-11
  • 2009, ch. 434, § 10
  • 2014, ch. 861, § 6
  • 2017, ch. 147, §§ 15, 17, 18.
§ 57-3-412. Criminal offenses — Penalties — Perjury — Expunction of records — Enforcement of law — Violations by and relating to minors.
  1. (a)
    1. (1) Except as otherwise provided, a violation of this chapter is a Class A misdemeanor.
    2. (2) If any person shall, or shall attempt to, forge or counterfeit, or cause or permit to be forged or counterfeited, any stamp, die, plate, official signature, certificate, evidence of tax payment, license, or other instrument which has been provided or may be hereafter provided, made or used in the pursuance of the execution of this chapter as aforementioned, upon any paper or other material, or shall stamp or mark, or cause to be stamped or marked, any paper, or other material by such forged or counterfeited stamp, die, plate, official signature, certificate, evidence of tax payment, license or other instrument as aforementioned, or shall forge the name or signature of any officer, commissioner, deputy officer, or employee under this chapter or under the rules and the regulations of the commission, or cause the same to be done, or forge or counterfeit, or cause or permit to be forged or counterfeited, any evidence of the payment of any tax provided for in this chapter, with intent to defraud the state of any of the taxes imposed by this chapter, or any provision thereof, or shall in any otherwise, by imitating, restoring, altering, or reusing any stamp or other written evidence of the payment of such taxes knowingly defraud or attempt to defraud the state, or have or retain in such person's possession any of such stamps which are forged or counterfeited, or any such evidence of such payment, or any stamp which has been altered, restored or counterfeited with intent to defraud the state, such person shall be punished for criminal conspiracy.
    3. (3)
      1. (A) It is unlawful for any person under twenty-one (21) years of age to have in such person's possession or to consume any intoxicating liquor or beer for any purpose, whether the same be possessed or consumed in a dry county or a wet county. It is unlawful for any person under twenty-one (21) years of age to transport any intoxicating liquor or beer for any purpose, whether the same be transported in a dry or wet county; provided, that this section shall not be construed as prohibiting any person eighteen (18) years of age or older from transporting, possessing, selling or dispensing intoxicating liquor or beer in the course of such person's employment. For purposes of this subdivision (a)(3), “beer” shall have the same meaning as provided in § 57-6-102.
      2. (B) A violation of subdivision (a)(3)(A) is a Class A misdemeanor.
      3. (C) Any person under twenty-one (21) years of age found to have violated this subdivision (a)(3) shall, regardless of the final disposition of such violation, have the right to have the records, as defined in § 40-32-101, of such violation destroyed after the passage of six (6) months from the date of the violation. Such destruction shall occur upon motion of the person to the court which heard the violation and shall be without cost to such person. No violation of this subdivision (a)(3) may at any time be used against the violator in any criminal proceeding.
      Backlinks (1)
    4. (4) Any person who purchases an alcoholic beverage for or at the request of a person under twenty-one (21) years of age commits a misdemeanor and, upon conviction for such person's first such offense, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), plus all penalties imposed by § 39-15-404. Upon a person's second or subsequent conviction for such offense, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), plus all penalties imposed by § 39-15-404.
    5. (5)
      1. (A) It is unlawful for any person who is younger than twenty-one (21) years of age to purchase or attempt to purchase any alcoholic beverage.
      2. (B) A violation of this subdivision (a)(5) is a Class A misdemeanor.
      3. (C)
        1. (i) In addition to any criminal penalty established by this section, a court in which a person younger than twenty-one (21) years of age but eighteen (18) years of age or older is convicted of the purchase or attempt to purchase or possession of alcoholic beverages in violation of this section shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction, an order of denial of driving privileges for the offender.
        2. (ii) The court and the department shall follow the same procedures and utilize the same sanctions and costs for a person younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
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  2. (b)
    1. (1) The members of the highway patrol shall be authorized and it shall be their duty to assist the county and municipal police authorities to enforce this chapter, and any other chapter relating to the manufacture, sale or distribution of alcoholic beverages, as defined in § 57-3-101, in any county or municipality, failing to adopt the rights granted under the various provisions of this chapter.
    2. (2) Inspectors, agents or officers appointed by the commission shall be cloaked with and have the duty, power and authority to exercise the same functions and duties as conferred by law upon the highway patrol in the illegal traffic of intoxicating liquors. Inspectors, agents and officers of the commission shall have concurrent authority with the highway patrol in the enforcement of title 55, chapters 7-10 and 50 for the express purpose of enabling the commission properly to enforce the laws and regulations pertaining to traffic in alcoholic beverages.
  3. (c)
    1. (1) Any person under twenty-one (21) years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is twenty-one (21) years old or older to any person engaged in the sale of alcoholic beverages for the purpose of purchasing or obtaining the same commits a misdemeanor. In addition to any criminal penalty established by this subsection (c), a court in which a person younger than twenty-one (21) years of age but eighteen (18) years of age or older is convicted under this subsection (c) of a second or subsequent offense shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction, an order of denial of driving privileges for the offender for a period not to exceed one (1) year. The offender may apply to the court for a restricted driver license. The judge shall order the issuance of a restricted motor vehicle operator's license, in accordance with § 55-50-502. The court and the department shall follow the same procedures and utilize the same costs for a person younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
    2. (2) If the person violating this subsection (c) is less than eighteen (18) years of age, that person shall be punished by a fine of fifty dollars ($50.00) and not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (c)(2) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
    3. (3) If the person violating this subsection (c) is eighteen (18) years of age or older but less than twenty-one (21) years of age, that person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the county jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (c)(3) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
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History (20)
  • Acts 1939, ch. 49, § 15
  • C. Supp. 1950, § 6648.21 (Williams, § 6648.18)
  • Acts 1955, ch. 347, § 4
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1963, ch. 223, § 1
  • impl. am. Acts 1963, ch. 257, § 46
  • 1967, ch. 148, § 1
  • 1970, ch. 398, § 3
  • impl. am. Acts 1979, ch. 413, § 1
  • T.C.A. (orig. ed.), § 57-148
  • Acts 1984, ch. 1006, §§ 6, 11, 12, 17
  • 1985, ch. 321, § 1
  • 1986, ch. 758, § 2
  • 1986, ch. 788, § 2
  • 1989, ch. 591, §§ 62, 111, 113
  • 1991, ch. 473, § 1
  • 1992, ch. 608, § 12
  • 2003, ch. 375, § 1
  • 2006, ch. 900, § 4
  • 2006, ch. 986, §§ 1, 2.
§ 57-3-413. Criminal trespass charge in violation of § 39-14-405.
  1. (a) A person may be charged with a violation of § 39-14-405, if the person is:
    1. (1) Between eighteen (18) and twenty-one (21) years of age;
    2. (2) Visibly intoxicated; or
    3. (3) Otherwise disruptive; and
    4. (4) Such person is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to § 57-3-204 to leave the premises, and that person remains on the premises.
  2. (b) If a person is a minor under eighteen (18) years of age and is asked by the owner or employee of an establishment that is licensed as a retail package store pursuant to § 57-3-204 to leave the premises, and the minor remains on the premises, such minor commits a delinquent act.
History (1)
  • Acts 2012, ch. 899, § 1.
§ 57-3-414. Sale of powdered or crystalline alcohol prohibited — Offense — Penalties.
  1. (a) No person shall sell or offer for sale for human consumption powdered or crystalline alcohol.
  2. (b) Subsection (a) does not apply to any of the following:
    1. (1) Any substance regulated by the food and drug administration in the United States department of health and human services that is not either of the following:
      1. (A) Beer or intoxicating liquor; or
      2. (B) A compound that could be converted into beer or intoxicating liquor;
    2. (2) A medication that requires a prescription; or
    3. (3) An over-the-counter medication.
  3. (c) A violation of subsection (a) is a Class A misdemeanor. In addition to any criminal penalty imposed by this subsection (c), the commission may suspend or revoke any license or permit issued under this title held by any person who violates subsection (a).
  4. (d) As used in this section:
    1. (1) “Over-the-counter medication” means medication that may be legally sold and purchased without a prescription;
    2. (2) “Powdered or crystalline alcohol” means a product that is manufactured into a powdered or crystalline form and that contains any amount of alcohol; and
    3. (3) “Prescription” means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state.
History (1)
  • Acts 2015, ch. 311, § 1.
§ 57-3-415. Fulfillment house license.
  1. (a)
    1. (1) As used in this section, “fulfillment house” means an in- or out-of-state entity, other than a winery, or farm winery, wholesaler, non-resident seller, or common carrier, that takes physical possession of a winery direct shipper's wine and handles logistics, including warehousing, packaging, order fulfillment, or shipping services on behalf of a winery direct shipper licensee for products that the winery direct shipper is eligible to ship to residents in this state.
    2. (2) The winery direct shipper and the fulfillment house may transport the wine to the fulfillment house. It is lawful for a common carrier to transport the wine to a fulfillment house. Section 57-3-207(i) is not applicable to wine transported to a fulfillment house.
  2. (b) A person, firm, limited liability company, or corporation may apply to the commission to obtain a fulfillment house license where the fulfillment house is involved in the shipping of wine to residents of this state and pay an application fee of three hundred dollars ($300) and an annual license fee of three hundred dollars ($300) and an additional fifty dollars ($50.00) for each separate location where it takes physical possession of wine before making or causing a shipment into, within, or outside of this state. A fulfillment house license must be renewed annually. A fulfillment house licensee may only provide services related to shipment of wine produced by and belonging to a winery direct shipper licensee into or within this state according to the requirements of this section. A fulfillment house licensee shall not provide services related to shipment of wine into or within this state to a retailer licensed under this title, an entity licensed as an out-of-state retailer, or a person or entity that is not a winery direct shipper licensed pursuant to § 57-3-217. A fulfillment house license granted pursuant to this section authorizes the licensee to only ship wine into or within this state for winery direct shippers licensed pursuant to § 57-3-217. Any other activity into or within this state is unlawful.
  3. (c) A fulfillment house license applicant shall provide the following information as part of its application:
    1. (1) All locations where it takes physical possession of wine for shipment into or within this state;
    2. (2) An executed consent to jurisdiction and venue of all actions brought before the commission, a state agency, or the courts of this state, such that all hearings, appeals, and other matters relating to the license of the fulfillment house must be held in this state;
    3. (3) A written acknowledgement that it will contract only with common carriers that agree that the delivery of wine in this state will be by face-to-face delivery, that deliveries will only be made to individuals who are at least twenty-one (21) years of age, and that the recipient must sign upon receipt of the wine; and
    4. (4) Any other provisions as required by the commission.
  4. (d) A fulfillment house licensee shall ensure that all containers of wine shipped directly to an individual in this state are labeled with the conspicuous words “SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY”, and the name, address, and license number of the fulfillment house licensee.
  5. (e) All containers of wine shipped directly to a resident of this state must be shipped using a common carrier. A fulfillment house licensee shall not ship wine into or within this state from, or on behalf of:
    1. (1) Unlicensed direct shippers, either in-state or out-of-state;
    2. (2) A retailer licensed under this title;
    3. (3) An out-of-state retailer; or
    4. (4) A person or entity that is not a winery direct shipper licensed pursuant to § 57-3-217.
  6. (f) A fulfillment house licensee shall verify that each winery direct shipper is licensed to ship to consumers in this state before making a shipment, and failure to verify proper licensure subjects a fulfillment house licensee to a fine, suspension, or revocation in accordance with subsection (h).
  7. (g) A fulfillment house licensee shall maintain records for a minimum of three (3) years from the shipment date, which must include:
    1. (1) The name, address, and license number of the licensed winery direct shipper;
    2. (2) The name of the common carrier;
    3. (3) The date of each shipment;
    4. (4) The carrier tracking number;
    5. (5) The quantity, by weight or other means, and product type of wine shipped; and
    6. (6) The name and address of the recipient.
  8. (h) A fulfillment house licensee shall submit these records as a report to the commission quarterly in the manner, form, and format prescribed by the commission. Any fulfillment house licensee found in violation of this section is subject to fines, suspension, or revocation of its license in accordance with this title and shall reimburse the commission for all costs incurred in connection with the investigation and administrative action, including the out-of-pocket costs and reasonable personnel costs. The commission is empowered to make such regulations, investigations, and audits as it may deem necessary for enforcing and preventing violations of this section.
  9. (i) The requirements for a common carrier under § 57-3-217 equally apply to wine obtained from a fulfillment house licensee on behalf of a winery direct shipper to the same extent as if the common carrier obtained the wine from the winery direct shipper licensee.
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History (1)
  • Acts 2021, ch. 331, §  4.
Part 5 Municipal Inspection Fees
§ 57-3-501. Municipal inspection fee — Maximum amount — Collection of fees.
  1. (a)
    1. (1) A municipality as defined by § 57-3-101 shall have the authority to impose by ordinance an inspection fee upon licensed retailers of alcoholic beverages as defined by § 57-3-101 or upon retail food store wine licensees located within such municipality.
    2. (2) If, pursuant to § 57-3-204(d)(6), a manufacturer of high alcohol content beer obtains a retail license to sell its products which are manufactured on the manufacturer's premise, the governing body of the municipality or county in which such a manufacturer is located shall impose by ordinance or resolution, as appropriate, a fifteen-percent inspection fee to inspect the retail store in which such products are sold by the manufacturer. Such inspection fee shall be imposed on the wholesale price of the high alcohol content beer supplied pursuant to § 57-3-204(d)(6)(B) by a wholesaler for those products manufactured and sold by the manufacturer at its retail store as authorized pursuant to § 57-3-204(d)(6).
  2. (b) The inspection fees shall not exceed eight percent (8%) of the wholesale price of alcoholic beverages supplied by a wholesaler in municipalities located in counties of this state having a population of less than sixty thousand (60,000), according to the 1960 federal census or any subsequent federal census, or in counties that contain a municipal corporation as defined in § 67-6-103(a)(3)(B)(i), notwithstanding subsection (c) to the contrary.
  3. (c) The inspection fees shall not exceed five percent (5%) of the wholesale price of alcoholic beverages supplied by a wholesaler in municipalities located in counties of this state having a population of more than sixty thousand (60,000), according to the 1960 federal census or any subsequent federal census.
  4. (d) Any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, which has levied the inspection fees herein authorized may, by ordinance of its legislative body, designate the county clerk as the collector of the fees for the entire metropolitan taxing jurisdiction.
Backlinks (4)
History (7)
  • Acts 1968, ch. 538, §§ 1, 2
  • 1969, ch. 87, § 1
  • T.C.A., § 57-165
  • Acts 1994, ch. 758, § 1
  • 1999, ch. 218, § 1
  • 2011, ch. 448, § 17
  • 2014, ch. 554, § 7.
§ 57-3-502. Collection by wholesaler from retailer.
  1. The inspection fee shall be collected by the wholesaler from the retailer following notice given the wholesaler by the municipality that an inspection fee has been imposed by ordinance upon the retailers located within the particular municipality. The inspection fee shall be collected by the wholesaler at the time of the sale or at the time the retailer makes payment for the delivery of the alcoholic beverages.
History (2)
  • Acts 1968, ch. 538, § 3
  • T.C.A., § 57-166.
§ 57-3-503. Monthly report and payment — Reimbursement of wholesalers — Penalty — Audits.
  1. (a) Each wholesaler making sales to retailers located within a municipality imposing an inspection fee shall furnish the municipality a report monthly, which report shall contain a list of the alcoholic beverages sold to each retailer located within the municipality, the wholesale price of the alcoholic beverages sold to each retailer, the amount of tax due, and such other information as may be required by the municipality. The monthly report shall be furnished the municipality imposing the tax not later than the twentieth of the month following which the sales were made. The inspection fees collected by the wholesaler from the retailer or retailers located within each municipality shall be paid to the municipality at the time the monthly report is made. Wholesalers collecting and remitting the above inspection fee to municipalities shall be entitled to reimbursement for this collection service, a sum equal to five percent (5%) of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report to the municipality.
  2. (b) Failure to collect or timely report and/or pay the inspection fee collected shall result in a penalty of ten percent (10%) of the fee due the municipality which shall be payable to the municipality imposing the inspection fee.
  3. (c) Municipalities to whom inspection fees are paid shall have authority to audit the records of wholesalers reporting to them in order to determine the accuracy of such reports.
History (2)
  • Acts 1968, ch. 538, §§ 4, 5, 7
  • T.C.A., § 57-167.
§ 57-3-504. Fee to be exclusive — Metropolitan governments.
  1. (a) The inspection fee provided for herein shall be in lieu of all other gross receipt or inspection fees imposed upon wholesalers or retailers of alcoholic beverages by municipalities and no other additional or similar fees shall be imposed by ordinance.
  2. (b) No municipality shall impose any inspection fee or similar tax upon wholesalers based upon sales made to retail dealers located in other municipalities, it being the legislative intent that a municipality shall have authority to impose the inspection fee provided for herein only upon retailers located within the particular municipality imposing the inspection fee.
  3. (c)
    1. (1) Notwithstanding anything herein provided to the contrary, the principal municipality, in a county which has adopted the metropolitan form of government under title 7, chapters 1-3, or which may hereafter adopt such form of government, may impose an inspection fee or similar fee, under the authority of chapter 3, part 5 of this title, upon wholesalers based on sales made to licensed retailers located in other but smaller municipalities within the same county as the principal municipality.
    2. (2) “Principal municipality,” for the purpose of this subsection (c), means the largest municipality, or its successor, within such a county in accordance with the 1960 federal census or subsequent federal census.
    3. (3) When such principal municipality imposes such a fee upon wholesalers, they shall collect same from the sales to retailers within the smaller municipalities and remit such collections to the principal municipality unless and until such smaller municipalities adopt by ordinance or resolution, such fees in accordance with the terms of chapter 3, part 5 of this title, and then the wholesalers will remit such collections to the smaller municipalities in accordance with the provisions of such ordinances or resolutions as may be adopted or passed by them.
History (2)
  • Acts 1968, ch. 538, § 6
  • T.C.A., § 57-168.
Part 6 Nonresident Seller's Permits
§ 57-3-601. Short title.
  1. This part shall be known as the “Nonresident Liquor Seller's Permit Act of 1981.”
History (1)
  • Acts 1981, ch. 157, § 1.
§ 57-3-602. When permit required — Exceptions.
  1. (a) A nonresident seller's permit is required of any manufacturer, distillery, winery, importer, broker, or person which sells or distributes alcoholic beverages to any wholesaler licensed under § 57-3-203 or any manufacturer licensed under § 57-3-202, regardless of whether the sale is consummated inside or outside Tennessee. No such permit is required if such manufacturer, distillery or winery is operating pursuant to § 57-2-104, § 57-3-202, § 57-3-203 or § 57-3-207.
  2. (b)
    1. (1) A nonresident seller's permit is also required of any importer, broker, or other entity that imports alcoholic beverages into this state for the purpose of the following:
      1. (A) Warehousing wine and other alcoholic beverage in the state for the purpose of sale to entities legally authorized to purchase such wine and alcoholic beverages outside this state;
      2. (B) Selling wines which are not registered pursuant to § 57-3-301 and which are not capable of being registered in that no qualified manufacturer, winery or distiller exists to approve such registration; provided, that such sales within the state shall be permitted only to wholesalers licensed pursuant to § 57-3-203; and
      3. (C) Selling wines which are registered pursuant to § 57-3-301 but as to which vintages are not available from the manufacturer, winery, or distiller, but such sales shall be permitted only to those wholesalers authorized to distribute such wines by the manufacturer, winery, or distiller as identified on the registration records of the department of revenue.
    2. (2) A nonresident seller licensed under this subsection (b) is not subject to § 57-3-607.
  3. (c)
    1. (1) A non-manufacturer non-resident seller's permit is required of any entity that is engaged in marketing, licensing of trademark or trade name, or contracting for the manufacture of any wine, distilled spirit or other alcoholic beverage, where such entity is not directly engaged in the manufacturing, bottling, distilling, blending of such wine, spirit or alcoholic beverage, and is not the holder of a basic permit issued by the alcohol and tobacco tax and trade bureau of the United States department of the treasury as a brewery, distilled spirits plant, or winery. A non-manufacturer non-resident seller's permit under this part may be issued by the commission irrespective of the residence of the entity.
    2. (2) The holder of a non-manufacturer non-resident seller's permit issued under subdivision (c)(1) shall be authorized to market, facilitate the sale of, possess intellectual property rights relating to, or cause to be distributed any wine, distilled spirit or other alcoholic beverage to wholesalers licensed pursuant to § 57-3-203.
    3. (3) The holder of a non-manufacturer non-resident seller's permit may contract with distillers, wineries, and other manufacturers to produce, rectify, bottle or manufacture wine or distilled spirits on its behalf, may ship or cause to be shipped into or within this state alcoholic beverages as an element of sales made to wholesalers licensed under § 57-3-203 and may contract with wholesalers to purchase such products.
    4. (4) Non-manufacturer non-resident seller's permit holders may take title of and store in this state alcoholic beverages and wine from a distiller or winery to which it holds marketing, licensing or trademark rights only if the non-manufacturer non-resident seller's permit holder possesses a basic permit from the alcohol and tobacco tax and trade bureau of the United States department of the treasury, has paid an additional annual fee of three thousand dollars ($3,000) to the commission, and is storing such alcoholic beverages or wine in a location approved by the commission for storage of untaxed alcoholic beverages or wine. The department of revenue may require the posting of a bond for such storage.
    Backlinks (7)
Backlinks (1)
History (4)
  • Acts 1981, ch. 157, § 2
  • 2011, ch. 448, §§ 1, 6
  • 2014, ch. 767, § 1
  • 2015, ch. 269, § 3.
§ 57-3-603. Authorized transactions.
  1. Except as otherwise provided in § 57-3-602(c), the holder of a nonresident seller's permit is authorized to:
    1. (1) Solicit and take orders for alcoholic beverages from wholesalers licensed under § 57-3-203; and
    2. (2) Ship or cause to be shipped into this state alcoholic beverages in consummation of sales made to wholesalers licensed under § 57-3-203.
History (2)
  • Acts 1981, ch. 157, § 3
  • 2014, ch. 767, § 2.
§ 57-3-604. Prohibited actions.
  1. No holder of a nonresident seller's permit, nor any officer, director, agent, or employee of the holder, nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any of the following:
    1. (1) Have an interest, direct, or indirect in any business licensed under §§ 57-3-204 and 57-4-101;
    2. (2) Fail to make or file a report with the commission as required by rule of the commission;
    3. (3) Sell liquor for resale inside this state that fails to meet the standards of quality, purity, and identity prescribed by the commission;
    4. (4) Advertise any liquor contrary to the laws of this state or to the rules of the commission, or sell liquor for resale in this state in violation of advertising or labeling rules of the commission;
    5. (5) Sell liquor for resale inside this state or cause it to be brought into the state in a size of container prohibited by this code or by rule of the commission;
    6. (6) Solicit or take orders for liquor from a person not authorized to import liquor into this state for the purpose of resale;
    7. (7) Induce, persuade, or influence, or attempt to induce, persuade or influence, a person to violate this code or a rule of the commission, or conspire with a person to violate this code or a rule of the commission; or
    8. (8) Exercise a privilege granted by a nonresident seller's permit while an order or suspension against the permit is in effect.
History (2)
  • Acts 1981, ch. 157, § 4
  • 2012, ch. 968, § 2.
§ 57-3-605. Application for permit — Annual fee — Expiration date — Verified statement.
  1. (a) Any manufacturer, distillery, winery, importer or other person desiring to obtain a nonresident seller's permit may make application for such to the commission on forms provided by the commission.
  2. (b) In addition, every applicant shall pay to the commission an annual permit fee which is established at one hundred and fifty dollars ($150) if such applicant shall have shipped, sold or otherwise distributed fewer than one hundred (100) cases of any alcoholic beverage in this state in the year immediately preceding application. If such applicant shall have shipped, sold or otherwise distributed one hundred (100) cases or more of any alcoholic beverage in this state in the year immediately preceding application, it shall pay an annual permit fee of two hundred fifty dollars ($250) to the commission.
  3. (c) Each permit shall be valid for one (1) calendar year.
  4. (d) Any wholesaler, holding a license issued pursuant to § 57-3-203, shall be authorized to act as an importer of alcoholic beverages and wine if such wholesaler holds a basic permit issued pursuant to the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.), as an importer, advises the commission of its intent to act as an importer, pays an additional annual fee of two hundred fifty dollars ($250) to the commission and otherwise complies with the obligations of an importer pursuant to § 57-3-301 and title 47, chapter 25, part 15.
  5. (e) Every applicant which has registered to import wine into this state shall provide to the commission a verified statement that neither such applicant, nor any agent or affiliate of such applicant, has a policy which would permit the selling, shipment or distribution of alcoholic beverages to any person in this state not possessed of a license issued pursuant to § 57-3-203, and that, for the previous year, neither such applicant nor any agent or affiliate of such applicant has sold, solicited for sale or distributed any alcoholic beverages to any person or enterprise in this state not possessing a license issued pursuant to § 57-3-203.
Backlinks (2)
History (4)
  • Acts 1981, ch. 157, § 5
  • 1991, ch. 23, § 1
  • 2004, ch. 876, § 4
  • 2011, ch. 448, § 3.
§ 57-3-606. Wholesalers to import from nonresident seller permittees only.
  1. No wholesaler licensed under § 57-3-203 may purchase or order any alcoholic beverage for importation into the state from any source other than one possessed of a nonresident seller's permit or a wholesaler licensed pursuant to § 57-3-203 holding a basic permit under the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.), as an importer. No such wholesaler may purchase or order any alcoholic beverage for importation into the state from any permittee whose permit has been revoked or suspended after such wholesaler has received notice of the revocation or suspension. Notwithstanding § 57-1-201(b)(1)(A), no administrative action, including the imposition of any fine, may be brought against a wholesaler under this section unless, prior to bringing the action, the commission has provided written notice to the wholesaler advising the wholesaler that the supplier's nonresident seller's permit has been revoked, suspended, or not renewed.
History (3)
  • Acts 1981, ch. 157, § 6
  • 2011, ch. 448, § 2
  • 2016, ch. 898, § 3.
§ 57-3-607. Nonresident seller to be primary American source of supply.
  1. (a) No holder of a nonresident seller's permit may solicit, accept, or fill an order for distilled spirits or wine from a holder of any type of wholesaler's permit unless the nonresident seller is the primary American source of supply for the brand of distilled spirits or wine that is ordered.
  2. (b) In this section, “primary American source of supply” means the distiller, the producer, the owner of the commodity at the time it becomes a marketable product, the bottler, or the exclusive agent of any of those. To be the “primary American source of supply” the nonresident seller must be the first source, that is, the manufacturer or the source closest to the manufacturer, in the channel of commerce from whom the product can be secured by American wholesalers.
Backlinks (1)
History (1)
  • Acts 1981, ch. 157, § 7.
§ 57-3-609. Investigation of permittees.
  1. (a) If a representative of the commission or the department of revenue wishes to examine the books, accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other records of a nonresident seller's permittee, the representative shall make a written request to the permittee or the permittee's duly authorized manager or representative or, if the permittee is a corporation, to any officer of the corporation.
  2. (b) When a request for an examination is made, the person to whom it is directed shall immediately allow the representative to conduct the examination.
  3. (c) The representative may investigate the organization, conduct, and management of any nonresident seller's permittee and may make copies of any records which in the judgment of the representative may show or tend to show that the permittee has violated state law, regulation or the terms of the permit.
  4. (d) A representative may not make public any information obtained under this section except to a law enforcement officer of this state or in connection with an administrative or judicial proceeding in which the state or commission is a party concerning the cancellation or suspension of a nonresident seller's permit, the collection of taxes due under state law, or the violation of state law.
  5. (e) The commission may revoke or suspend a nonresident seller's permit in accordance with this title if a permittee or the permittee's authorized representative fails or refuses to permit an examination authorized by this section, or to permit the making of copies of any documents as provided by this section, without regard to whether the document is inside or outside the state, or if the permittee or the permittee's authorized representative fails or refuses to answer a question of an officer incident to an examination or investigation in progress.
History (1)
  • Acts 1981, ch. 157, § 9.
Part 7 Employee and Server Permits
§ 57-3-701. Short title.
  1. This part shall be known as the “Alcohol Server Responsibility and Training Act of 1995.”
History (1)
  • Acts 1995, ch. 396, § 1.
§ 57-3-702. Commission authorized to issue permits.
  1. The commission is authorized to issue employee permits pursuant to §§ 57-3-203(d), 57-3-203(e), [former] 57-3-204(c) [expired] and server permits pursuant to § 57-4-203(h) in accordance with the requirements of this part.
History (3)
  • Acts 1995, ch. 396, § 1
  • 2014, ch. 973, § 3
  • 2017, ch. 373, § 3.
§ 57-3-703. Application requirements for employee permit.
  1. (a) Any individual may be eligible for an employee permit by completing an application for such a permit on the forms provided by the commission. An applicant for an employee permit must demonstrate to the commission that the applicant is at least eighteen (18) years of age and:
    1. (1) Has not been convicted of a felony offense involving theft, dishonesty, deceit, or intoxication within the previous eight (8) years;
    2. (2) Has not been convicted of any crime involving the sale or distribution of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues or any sex-related crime or embezzlement within the previous eight (8) years;
    3. (3) Has not had an employee permit or any similar permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous five (5) years; and
    4. (4) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203, § 57-3-204, § 57-3-207, § 57-4-101 or § 57-5-103 which has had its license or permit revoked by the issuing authority within the previous eight (8) years.
  2. (b) If an applicant does not meet the requirements of subdivisions (a)(1)-(4), but is otherwise eligible for a permit, then the applicant's application shall be initially denied pursuant to this subsection (b). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the employee permit, notwithstanding the requirements of subdivisions (a)(1)-(4).
    Backlinks (2)
  3. (c)
    1. (1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for an employee permit until the relevant time period described in subdivisions (a)(1)-(4) has expired. If a person applies for an employee permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply.
    2. (2) If the administrative law judge, hearing officer, or commission denies an application at a hearing held pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for an employee permit or apply for a server permit pursuant to § 57-3-704 until the relevant time period described in subdivision (a)(1)-(4) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-704(b) shall not apply.
  4. (d) If a person is convicted of an offense described in subdivision (a)(1) or (a)(2) after being issued an employee permit pursuant to this section, the commission may institute proceedings to revoke the person's employee permit pursuant to § 57-3-214; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's employee permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (a)(1) or (a)(2). If the administrative law judge, hearing officer, or commission revokes an employee permit pursuant to this subsection (d), then the applicant may not reapply for an employee permit or apply for a server permit pursuant to § 57-3-704 until the relevant time period described in subdivision (a)(1) or (a)(2) has expired. If a person applies for an employee or server permit in violation of this subsection (d), then such application shall be denied and subsection (b) or § 57-3-704(b) shall not apply.
  5. (e) The commission may promulgate rules and regulations to enforce and administer this section pursuant to the Uniform Administrative Procedures Act.
Backlinks (3)
History (4)
  • Acts 1995, ch. 396, § 1
  • 2014, ch. 973, § 1
  • 2016, ch. 719, § 1
  • 2017, ch. 147, § 12.
§ 57-3-704. Application requirements for server permits. [Effective on January 1, 2025. See the version effective until January 1, 2025.]
  1. (a) Any individual may be eligible for a server permit by completing an application for such a permit on the forms provided by the commission. An applicant for a server permit must demonstrate to the commission that the applicant meets the following requirements:
    1. (1) Within one (1) year prior to the submission of the application the applicant has successfully completed a program of alcohol awareness training for persons involved in the direct service of alcohol, wine or beer by an entity certified by the commission to have an adequate training curriculum for alcohol awareness. The program must consist of not less than three and one-half (3½) hours of training. The curriculum must include training to understand the role of alcohol in sexual assault and harassment, best practices for ensuring patron safety and bystander intervention, recognizing the role of drugs in assault, and strategies to prevent patron drugging in establishments. The curriculum must also educate servers on recognizing and reporting signs of human trafficking. If, in the determination of the commission, a state other than Tennessee is deemed to have an adequate program of alcohol awareness training, then the successful completion of such training in that state within one (1) year prior to the submission of an application to the commission for a server permit shall satisfy the requirement of alcohol awareness training;
    2. (2) The applicant is at least eighteen (18) years of age; and
    3. (3) The applicant:
      1. (A) Has not been convicted of a felony offense involving the use or threat of violence to a human being or any sex-related crime within the previous eight (8) years;
      2. (B) Has not been convicted of a felony offense involving theft, fraud, deceit, or intoxication within the previous four (4) years;
      3. (C) Has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues within the previous four (4) years;
      4. (D) Has not had a server permit or any similar permit issued by the state, a local jurisdiction, or a foreign jurisdiction revoked by an issuing authority within the previous four (4) years; and
      5. (E) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203, § 57-3-204, § 57-3-207, § 57-4-101, or § 57-5-103 that has had its license or permit revoked by the issuing authority within the previous four (4) years.
  2. (b) If an applicant does not meet the requirements of subdivision (a)(3), but is otherwise eligible for a server permit, then the applicant's application shall be initially denied pursuant to this subsection (b). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the employee permit, notwithstanding the requirements of subdivision (a)(3).
    Backlinks (2)
  3. (c)
    1. (1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for a server permit until the relevant time period described in subdivision (a)(3) has expired. If a person applies for a server permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply.
    2. (2) If the administrative law judge, hearing officer, or commission denies an application pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply.
  4. (d) If a person is convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B) after being issued a server permit pursuant to this section, the commission may institute proceedings to revoke the person's server permit pursuant to § 57-3-214; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's server permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B). If the administrative law judge, hearing officer, or commission revokes a server permit pursuant to this subsection (d), then the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3)(A) or (a)(3)(B) has expired. If a person applies for an employee or server permit in violation of this subsection (d), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply.
  5. (e) The commission may promulgate rules and regulations to enforce and administer this section pursuant to the Uniform Administrative Procedures Act.
  6. (f) The commission may suspend or revoke a server permit for any violation of this title or any rule or regulation promulgated by the commission committed by the permit holder. The commission may, in lieu of suspending or revoking a server permit under this subsection (f), require the server to retake and successfully complete a program of alcohol awareness training conducted by an entity certified by the commission.
  7. (g)
    1. (1) Any employee, representative, or agent of a permittee whose duties include verifying that a person is twenty-one (21) years of age or older for the purpose of authorizing the person access to the premises of the permittee shall, during any period in which the employee, representative, or agent is required to verify that a person is twenty-one (21) years of age or older, require each person seeking access to the premises whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older to present a valid, government-issued document or other acceptable form of identification that includes the photograph and birth date of the person.
    2. (2) The commission may impose a fine of five hundred dollars ($500) against any employee, representative, or agent of a permittee who violates subdivision (g)(1).
    3. (3) As used in this subsection (g):
      1. (A) “Employee, representative, or agent” does not include a server permitted under § 57-4-203(h) and this part; and
      2. (B) “Permittee” means any person, business, or other entity issued a permit under chapter 4 of this title for the purpose of authorizing the sale and consumption of alcoholic beverages on the premises of the permittee.
  8. (h) A person employed pursuant to § 50-5-106(b)(2) and not permitted to take orders for or serve intoxicating beverages is not required to obtain a server permit.
Backlinks (3)
History (12)
  • Acts 1995, ch. 396, § 1
  • 2001, ch. 279, § 2
  • 2012, ch. 848, § 60
  • 2012, ch. 1063, § 2
  • 2014, ch. 973, § 2
  • 2016, ch. 719, § 2
  • 2016, ch. 908, § 2
  • 2017, ch. 147, § 13
  • 2019, ch. 435, § 1
  • 2023, ch. 68, § 3
  • 2023, ch. 355, § 1
  • 2024, ch. 731, § 1.
§ 57-3-704. Application requirements for server permits. [Effective until January 1, 2025. See the version effective on January 1, 2025.]
  1. (a) Any individual may be eligible for a server permit by completing an application for such a permit on the forms provided by the commission. An applicant for a server permit must demonstrate to the commission that the applicant meets the following requirements:
    1. (1) Within one (1) year prior to the submission of the application the applicant has successfully completed a program of alcohol awareness training for persons involved in the direct service of alcohol, wine or beer by an entity certified by the commission to have an adequate training curriculum for alcohol awareness. The training program must consist of not less than three and one-half (3½) hours of alcohol awareness training. If, in the determination of the commission, a state other than Tennessee is deemed to have an adequate program of alcohol awareness training, then the successful completion of such training in that state within one (1) year prior to the submission of an application to the commission for a server permit shall satisfy the requirement of alcohol awareness training;
    2. (2) The applicant is at least eighteen (18) years of age; and
    3. (3) The applicant:
      1. (A) Has not been convicted of a felony offense involving the use or threat of violence to a human being or any sex-related crime within the previous eight (8) years;
      2. (B) Has not been convicted of a felony offense involving theft, fraud, deceit, or intoxication within the previous four (4) years;
      3. (C) Has not been convicted of a crime relating to the sale or dispensing of alcoholic beverages or beer, Schedules I and II controlled substances, or controlled substance analogues within the previous four (4) years;
      4. (D) Has not had a server permit or any similar permit issued by the state, a local jurisdiction, or a foreign jurisdiction revoked by an issuing authority within the previous four (4) years; and
      5. (E) Has not had an ownership interest in any licensee or permittee, licensed or permitted pursuant to § 57-3-203, § 57-3-204, § 57-3-207, § 57-4-101, or § 57-5-103 that has had its license or permit revoked by the issuing authority within the previous four (4) years.
  2. (b) If an applicant does not meet the requirements of subdivision (a)(3), but is otherwise eligible for a server permit, then the applicant's application shall be initially denied pursuant to this subsection (b). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the employee permit, notwithstanding the requirements of subdivision (a)(3).
    Backlinks (2)
  3. (c)
    1. (1) If an applicant does not request a hearing pursuant to subsection (b) within the required period, then the application's denial will be final and the applicant may not reapply for a server permit until the relevant time period described in subdivision (a)(3) has expired. If a person applies for a server permit in violation of this subdivision (c)(1), then such application shall be denied and subsection (b) shall not apply.
    2. (2) If the administrative law judge, hearing officer, or commission denies an application pursuant to subsection (b), then the application's denial will be final and the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3) has expired. If a person applies for an employee or server permit in violation of this subdivision (c)(2), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply.
  4. (d) If a person is convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B) after being issued a server permit pursuant to this section, the commission may institute proceedings to revoke the person's server permit pursuant to § 57-3-214; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's server permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (a)(3)(A) or (a)(3)(B). If the administrative law judge, hearing officer, or commission revokes a server permit pursuant to this subsection (d), then the applicant may not reapply for a server permit or apply for an employee permit pursuant to § 57-3-703 until the relevant time period described in subdivision (a)(3)(A) or (a)(3)(B) has expired. If a person applies for an employee or server permit in violation of this subsection (d), then such application shall be denied and subsection (b) or § 57-3-703(b) shall not apply.
  5. (e) The commission may promulgate rules and regulations to enforce and administer this section pursuant to the Uniform Administrative Procedures Act.
  6. (f) The commission may suspend or revoke a server permit for any violation of this title or any rule or regulation promulgated by the commission committed by the permit holder. The commission may, in lieu of suspending or revoking a server permit under this subsection (f), require the server to retake and successfully complete a program of alcohol awareness training conducted by an entity certified by the commission.
  7. (g)
    1. (1) Any employee, representative, or agent of a permittee whose duties include verifying that a person is twenty-one (21) years of age or older for the purpose of authorizing the person access to the premises of the permittee shall, during any period in which the employee, representative, or agent is required to verify that a person is twenty-one (21) years of age or older, require each person seeking access to the premises whose physical appearance does not reasonably demonstrate an age of fifty (50) years or older to present a valid, government-issued document or other acceptable form of identification that includes the photograph and birth date of the person.
    2. (2) The commission may impose a fine of five hundred dollars ($500) against any employee, representative, or agent of a permittee who violates subdivision (g)(1).
    3. (3) As used in this subsection (g):
      1. (A) “Employee, representative, or agent” does not include a server permitted under § 57-4-203(h) and this part; and
      2. (B) “Permittee” means any person, business, or other entity issued a permit under chapter 4 of this title for the purpose of authorizing the sale and consumption of alcoholic beverages on the premises of the permittee.
  8. (h) A person employed pursuant to § 50-5-106(b)(2) and not permitted to take orders for or serve intoxicating beverages is not required to obtain a server permit.
Backlinks (3)
History (11)
  • Acts 1995, ch. 396, § 1
  • 2001, ch. 279, § 2
  • 2012, ch. 848, § 60
  • 2012, ch. 1063, § 2
  • 2014, ch. 973, § 2
  • 2016, ch. 719, § 2
  • 2016, ch. 908, § 2
  • 2017, ch. 147, § 13
  • 2019, ch. 435, § 1
  • 2023, ch. 68, § 3
  • 2023, ch. 355, § 1.
§ 57-3-705. Commission certification.
  1. The commission shall certify any organization or entity seeking to provide alcohol awareness training for employees or servers, or both, upon adequate demonstration to the commission that the curriculum, faculty, materials and facilities of the organization or entity meet such minimum standards as shall be fixed by the commission. The commission is authorized to review the adequacy of the curriculum, faculty, materials and facilities of any certified trainer at any time. Failure of any certified trainer to maintain adequate records, respond to a request for information from the commission, or meet the minimum standards prescribed by the commission shall be grounds to decertify the organization or entity. The commission may certify any online training programs that meet the minimum standards as set by the commission.
Backlinks (2)
History (2)
  • Acts 1995, ch. 396, § 1
  • 2017, ch. 338, § 3.
§ 57-3-706. Criminal record check.
  1. The commission may conduct a criminal record review of any applicant for an employee or server permit to ensure the applicant's compliance with the requirements of this part. The commission shall employ the best available means to conduct this investigation.
History (1)
  • Acts 1995, ch. 396, § 1.
§ 57-3-707. Temporary permits — Replacement permit cards — Property of employee.
  1. A new server may work for sixty-one (61) days after being hired without the permit required by this part. Any server who has worked for sixty-one (61) days must have the permit required by this part. Upon payment of a reasonable copying fee, the alcoholic beverage commission is authorized and directed to issue replacement permit cards to any cardholder who is qualified under this part for an employee or server permit card which is still valid. Employee and server permit cards are hereby declared the property of the employee or server to whom such cards have been issued. Licensed establishments shall only require a server or employee to provide a copy of such cards for keeping by the establishment.
History (4)
  • Acts 1995, ch. 396, § 1
  • 1999, ch. 206, § 1
  • 2001, ch. 279, § 1
  • 2002, ch. 716, § 1.
§ 57-3-708. Permit renewal.
  1. Beginning January 1, 2025, each server permit is valid for two (2) years and each employee permit is valid for five (5) years. Employee and server permits issued prior to January 1, 2025, will expire five (5) years from their issuance date.
History (3)
  • Acts 1995, ch. 396, § 1
  • 2001, ch. 279, § 3
  • 2024, ch. 961, § 5.
§ 57-3-709. Fees.
  1. The commission may assess an application and renewal fee for the permits to be issued under this part. The commission may assess a certification fee to any organization or entity seeking certification under § 57-3-705. The commission shall establish such fees, only pursuant to rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and such fees shall be limited only to covering the costs of implementing this part and for the implementation and updating of commission information technology and software. The commission shall assess an application and renewal fee for the permits issued under this part in an amount sufficient to fund any cost to the state which results from loss of federal funds to implement and administer this program.
History (2)
  • Acts 1995, ch. 396, § 1
  • 2015, ch. 425, § 2.
§ 57-3-710. Implementation.
  1. The commission is authorized to promulgate appropriate rules to implement this part.
History (1)
  • Acts 1995, ch. 396, § 1.
Part 8 Sale of Wine in Retail Food Stores
§ 57-3-801. Referendum for sale of wine in retail food stores — Form of referendum — Time of election.
  1. (a)
    1. (1) This part is effective in a jurisdiction that authorizes the sale of wine in retail food stores in a referendum in the manner prescribed by § 57-3-106; provided, however, that the jurisdiction must have held and passed, or be located within a county that has held and passed, a referendum authorizing retail package stores or a referendum authorizing the sale of alcoholic beverages for consumption on the premises prior to holding a referendum authorized under this section.
    2. (2) If the county election commission receives the necessary petition requesting the referendum not less than forty-five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to § 2-3-204, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
    3. (3) Notwithstanding subdivision (a)(1) and § 57-3-101(a)(14) to the contrary, any municipality having a population of not less than five hundred seventy (570) nor more than five hundred seventy-nine (579), according to the 2010 federal census or any subsequent federal census, that is located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, may conduct a referendum to authorize the sale of wine at retail food stores within the corporate boundaries of such municipality. The referendum shall be conducted in the manner prescribed by § 57-3-106, notwithstanding the population requirements of § 57-3-106(b)(1).
  2. (b) At any such election, the question submitted to the voters shall be in the following form:
    2. For legal sale of wine at retail food stores in (here insert name of political subdivision).
    3. Against legal sale of wine at retail food stores in (here insert name of political subdivision).
  3. (c) A referendum described in this section may be held at any election prescribed in § 57-3-106(c)(1); provided, however, that no such referendum may be held prior to the regular November election in 2014.
Backlinks (2)
History (3)
  • Acts 2014, ch. 554, § 1
  • 2016, ch. 1068, § 7
  • 2023, ch. 178, § 1.
§ 57-3-802. Part definitions.
  1. For purposes of this part:
    1. (1) “Retail food store” means an establishment that is open to the public that derives at least twenty percent (20%) of its sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-228(a) and has retail floor space of at least one thousand two hundred square feet (1,200 sq. ft.); and
    2. (2) “Wine” means the product of the normal alcoholic fermentation of the juice of dried or fresh, sound, ripe grapes, fruit, or other agricultural products, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne and sparkling and fortified wine of an alcoholic content not to exceed eighteen percent (18%) by volume. No other product may be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or as an artificial or imitation wine.
Backlinks (2)
History (2)
  • Acts 2014, ch. 554, § 1
  • 2023, ch. 236, § 3.
§ 57-3-803. Retail food store wine licenses.
  1. (a) Notwithstanding any other law to the contrary, an additional class of licenses allowing the sale of wine at retail food stores is created. These licenses shall be known as “retail food store wine licenses” and shall be issued by the alcoholic beverage commission; provided, that licenses shall only be issued to a retail food store located in a county or municipality that has authorized the sale of wine at retail food stores by local option election pursuant to § 57-3-801 and has full-time law enforcement through a police or sheriff's department. The commission shall begin issuing the retail food store wine licenses on July 1, 2016, and prior to that date no retail food store may sell wine; however, the commission shall accept applications from retail food stores in jurisdictions that have authorized the sale of wine at retail food stores and begin processing such applications prior to that date. The retail food store wine license shall permit the licensee to receive, store, possess and sell wine at retail for consumption off the premises at the licensed retail food store subject to the restrictions in this part.
  2. (b)
    1. (1) Any person, partnership, limited liability company or corporation desiring to sell wine to patrons or customers within the premises of a retail food store, in sealed packages only, and not for consumption on the premises shall make application to the commission for a retail food store wine license, which application shall be in writing and verified, on forms herein authorized to be prescribed and furnished; and the commission may, subject to the restrictions of this part, issue such retailer's license. A retail food store may enter into a franchise or management agreement with a person or entity to make wine sales at the premises of the retail food store. If the premises with respect to which the license is sought is owned by a person, partnership, limited liability company or corporation not the applicant, the application shall include the name and address of the owner. If the ownership of the premises should change after a license is granted, the licensee shall, within ten (10) days after becoming aware of such change in ownership, notify the commission in writing of the name and address of the new owner.
    2. (2)
      1. (A) Any individual applicant applying for a retail food store wine license must be twenty-one (21) years of age or older and must not have been convicted of a felony subject to § 57-3-210(c).
      2. (B) The commission may issue a retail food store wine license to a person, partnership, limited liability company or corporation that is registered to do business in this state regardless of the residence of the ownership of such entity. No holder of a retail food store wine license, nor any person or entity having any interest in such license greater than ten percent (10%) shall have any interest as partner or otherwise, either direct or indirect, in a business licensed to engage in the sale or distribution of alcoholic beverages, including wine and beer licensed under §  57-3-202, §  57-3-203, §  57-3-204, §  57-3-207, §  57-3-217 or part 6 of this chapter. Nothing shall prohibit the holder of a retail food store wine license from having more than one (1) retail food store wine license. Nothing in this subdivision (b)(2)(B) shall be construed as prohibiting a retail food store that owns its own premises from either holding a retail food store wine license or from entering into a franchise or management agreement as provided in subdivision (b)(1).
  3. (c) Any wine sold by the holder of a retail food store wine license shall not exceed an alcoholic content of eighteen percent (18%) by volume.
  4. (d) Nothing in this part is intended or shall be construed to modify the provisions of title 57 that provide for the separation and independence of the classes of licenses available to manufacturers, wholesalers or retailers of alcoholic beverages or beer in this state.
Backlinks (7)
History (2)
  • Acts 2014, ch. 554, § 1
  • 2016, ch. 787, § 1.
§ 57-3-804. Application fee and annual license fee.
  1. Each applicant for a retail food store wine license shall pay to the commission a one-time, nonrefundable fee in the amount of four hundred dollars ($400) when the application is submitted for review. A retail food store wine license under this section shall not be issued until the applicant shall have paid to the commission the annual license fee of one thousand two hundred fifty dollars ($1,250).
History (1)
  • Acts 2014, ch. 554, § 1.
§ 57-3-805. Location of licensed premises.
  1. The premises of a retail food store wine license may be located in a municipality or the unincorporated areas of a county; provided, that such county or municipality has approved sales of wine by retail food stores by local option election pursuant to § 57-3-801. If a county-wide referendum is approved under this part, the premises of a retail food store wine license may be located in any municipality that participated in the referendum regardless of the minimum population requirement for a municipality in § 57-3-101.
History (2)
  • Acts 2014, ch. 554, § 1
  • 2017, ch. 147, § 19.
§ 57-3-806. Certificate to accompany application for license — Contents — Requirements for renewal of license — Limitation on location of licensed premises — Review of denial of certificate.
  1. (a) As a condition precedent to the issuance of a license under § 57-3-803, every applicant for a license under that section shall submit with the application to the commission a certificate signed by the county mayor or chair of the county commission in which the licensed premises are to be located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council, or legislative body of the municipality, by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality. The issuance of a certificate must not be conditioned on the residency of the applicant, including, but not limited to, requiring the applicant to live within the county or municipality, or additional conditions not required by this section. The certificate remains valid unless there is a change of ownership or location. If either of these events occurs, a new certificate must be obtained prior to renewal.
  2. (b)
    1. (1) The certificate must state:
      1. (A) That the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and
      2. (B) That the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business.
    2. (2) Each applicant or officer identified in subdivision (b)(1)(A) must obtain and submit with the certificate a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record that indicates that the applicant or officer has not been convicted of a felony within the immediately preceding ten-year period serves as proof satisfactory that the applicant or officer has complied with subdivision (b)(1)(A).
  3. (c) Municipalities and counties are not authorized to limit the number of retail food store wine licenses issued within their jurisdictions.
  4. (d)
    1. (1) In order to renew a retail food store wine license, the licensee must maintain a minimum of twenty percent (20%) of the licensee's sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-228(a), 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 food store business.
    2. (2) A retail food store wine licensee who fails to comply with subdivision (d)(1) 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 subsection (d).
    3. (3) Failure to comply after the one-year period shall result in the retail food store wine license being suspended or revoked by the commission.
    4. (4) In order to determine compliance with subdivision (d)(1), 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 a license or upon renewal of such license. Each licensee shall provide the licensee's sales tax registration number to the commission. The commission is authorized to verify sales information if the commission deems it necessary with the department of revenue.
  5. (e)
    1. (1) No retail food store wine license shall be issued to a retail food store located within a shopping center or other development unless documentation is provided to the commission that the retail food store has:
      1. (A) Not prohibited or restricted, through its lease or other agreement with the owner of the shopping center or development, the sale of wine or other alcoholic products by others at the shopping center or development; or
      2. (B) Waived any prohibition or restriction on the sale of wine or other alcoholic products, if such prohibition or restriction is in the lease.
    2. (2) If an applicant for a retail food store wine license is the owner of the shopping center or development, the applicant shall waive any prohibition or restriction on the sale of wine or other alcoholic products on any other entity that is located within that shopping center or development owned by the applicant. Nothing in this subsection (e) shall prevent the nonapplicant owner of a shopping center from imposing restrictions on its tenants through its leases or agreements.
    Backlinks (3)
  6. (f) An applicant may seek review of the denial of a certificate by instituting an action in the chancery court having jurisdiction over the municipality or county within sixty (60) days of the denial.
  7. (g) A failure on the part of the issuing authority to grant or deny the certificate within sixty (60) days of the written application for such shall be deemed a granting of the certificate.
  8. (h) The requirement imposed by this section to submit a certificate shall not be applicable to any applicant if:
    1. (1) The authority of the county or municipality charged with the responsibility to issue the certificate required herein shall have failed to grant or deny the certificate within sixty (60) days after written application for such certificate is filed; or
    2. (2) The applicant submits a final order of a court holding that the denial of the required certificate was unreasonable, as established by subsection (f).
History (5)
  • Acts 2003, ch. 90, § 2, 2014, ch. 554, § 1
  • 2016, ch. 697, § 1
  • 2016, ch. 1068, § 6
  • 2017, ch. 357, § 2
  • 2019, ch. 136, § 5.
§ 57-3-807. Applicability of part 2 of this chapter to retail food store wine licenses.
  1. Laws applicable to the issuance, renewal, suspension, and termination of retailer's licenses issued pursuant to part 2 of this chapter and the regulation of and operation by such license holders shall apply in the same manner to retail food store wine licenses and license holders unless this part expressly states otherwise.
History (1)
  • Acts 2014, ch. 554, § 1.
§ 57-3-808. Prohibition against sales to minors — Identification required — Penalty. [Effective on January 1, 2025. See the version effective until January 1, 2025.]
  1. (a) A retail food store wine license holder engaging in the business regulated under this part, or any employee thereof, shall not make or permit to be made any sales to minors. Prior to making a sale of wine for off-premises consumption, the adult consumer must present to the license holder or any employee of the license holder a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder, that includes the photograph and birth date of the adult consumer attempting to make a wine purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the license holder. The license holder or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of wine for off-premises consumption shall be made to a person who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, for a violation of this section if the sale was made to a person who is or reasonably appears to be over fifty (50) years of age and who failed to present an acceptable form of identification.
  2. (b) As used in this section, “other form of identification” includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a license holder for the purpose of aiding the employee in determining whether or not the person is at least twenty-one (21) years of age when such person desires to purchase alcoholic beverages procured from a license holder if the system demonstrates that:
    1. (1) The adult consumer is at least twenty-one (21) years of age; and
    2. (2) The adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make a wine purchase.
  3. (c) A violation of subsection (a) is a Class A misdemeanor.
History (3)
  • Acts 2014, ch. 554, § 1
  • 2015, ch. 428, § 5
  • 2024, ch. 850, § 1.
§ 57-3-808. Prohibition against sales to minors — Identification required — Penalty. [Effective until January 1, 2025. See the version effective on January 1, 2025.]
  1. (a) A retail food store wine license holder engaging in the business regulated under this part, or any employee thereof, shall not make or permit to be made any sales to minors. Prior to making a sale of wine for off-premises consumption, the adult consumer must present to the license holder or any employee of the license holder a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder that includes the photograph and birth date of the adult consumer attempting to make a wine purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the license holder. The license holder or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of wine for off-premises consumption shall be made to a person who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, for a violation of this section if the sale was made to a person who is or reasonably appears to be over fifty (50) years of age and who failed to present an acceptable form of identification.
  2. (b) A violation of subsection (a) is a Class A misdemeanor.
History (2)
  • Acts 2014, ch. 554, § 1
  • 2015, ch. 428, § 5.
§ 57-3-809. Prohibition against sale to intoxicated persons or persons accompanied by an intoxicated person.
  1. No retail food store wine licensee shall sell any alcoholic beverages to any person who is visibly intoxicated, nor shall any retailer selling alcoholic beverages sell to any person accompanied by a person who is visibly intoxicated.
History (1)
  • Acts 2014, ch. 554, § 1.
§ 57-3-810. Licensees exempt from certain restrictions — Licensee operating more than one licensed retail food store in state.
  1. (a) The restrictions in §§ 57-3-404(e) and (f), 57-3-210(g) and (h) and 57-3-204(b) shall not apply to retail food store wine licenses issued pursuant to this part.
  2. (b) A retail food store licensed to sell wine under this part shall not be limited to operating one (1) licensed retail food store business in this state; provided, however, that no retail food store wine licensee shall be permitted to combine its purchasing with any other retail food store wine licensee or retailer licensed under § 57-3-204.
History (1)
  • Acts 2014, ch. 554, § 1.
§ 57-3-811. Hours for selling or giving away wine.
  1. No retail food store shall sell, give away, or otherwise dispense wine except between the hours of eight o'clock a.m. (8:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Monday through Saturday and between ten o'clock a.m. (10:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Sunday.
Backlinks (1)
History (3)
  • Acts 2014, ch. 554, § 1
  • 2018, ch. 783, §§ 3, 4
  • 2018, ch. 783, §§ 3, 4.
§ 57-3-812. Storage and delivery of wine — Purchase of wine from wholesaler.
  1. (a) A retail food store licensed to sell wine under this part shall not store any wine off of the licensed premises.
  2. (b) All deliveries of wine to a retail food store must be made by a licensed wholesaler through a common carrier, a contract carrier or on vehicles owned by the wholesaler. The deliveries shall only be made to the business address of the retail food store.
  3. (c) All purchases of wine from a licensed wholesaler by a retail food store must be conducted by designated managers on premises at each retail food store location where delivery will be made. A retail food store may have more than one (1) designated manager per location.
  4. (d) A wholesaler shall not take orders for wine from any retail food store employee other than a designated manager; provided, that an order does not include a preorder made by a person with a pending application for a retail food store wine license.
Backlinks (1)
History (2)
  • Acts 2014, ch. 554, § 1
  • 2017, ch. 443, § 3.
§ 57-3-813. Prohibition against credit sales to licensee by wholesaler.
  1. No wholesaler shall sell any product to a retail food store wine licensee on credit and payment for all sales to such licensee by a wholesaler shall be effected upon delivery of the product. In order to facilitate the implementation of this section, all payments to wholesalers by such licensees shall be made by electronic funds transfer, credit card, debit card, or such other method as approved by the commission that will facilitate full payment at or near the time of delivery.
Backlinks (1)
History (2)
  • Acts 2014, ch. 554, § 1
  • 2014, ch. 1015, § 7.
§ 57-3-814. Licensee prohibited from sale of wine in connection with wholesale wine or alcoholic beverage business in state.
  1. No holder of a retail food store wine license shall sell wine in connection with any business involved in the wholesale sale of wine or alcoholic beverages within this state.
History (1)
  • Acts 2014, ch. 554, § 1.
§ 57-3-815. Wholesaler, manufacturer, winery, or nonresident seller's permit holder prohibited from providing certain services to licensee — Delivery of wine — Merchandising assistance.
  1. (a) No wholesaler licensed under § 57-3-203 and no manufacturer, winery, nonresident seller's permit holder or any employee, agent, representative or salesperson employed by or representing any such wholesaler, manufacturer, winery or nonresident seller's permit holder shall provide any services to or for the benefit of a retail food store wine licensee including, but not limited to, services involving shelving, dressing, displaying, or setting inventory owned or purchased by the retail food store licensee. A wholesaler may deliver wine to the premises of a retail food store wine licensee any time at which the wholesaler and the retail food store wine licensee's manager mutually agree in accordance with the ordinary and customary practices of the two industries, regardless of whether the retail food store wine licensee is open to the public, and may deliver wine to a location upon the licensed premises as directed by the retail food store wine licensee.
  2. (b) Notwithstanding subsection (a), a wholesaler, including the wholesaler's agents, servants, or employees, may provide merchandising assistance to a retail food store wine licensee pursuant to this subsection (b). Wholesalers may build and stock wholesaler displays of wine on the premises of a retail food store wine licensee. Wholesaler displays must not be part of the retail food store's regular shelving. Wholesalers may replenish wholesaler displays for a maximum period of one (1) month after the initial display has been installed. Wholesalers shall not price the wholesaler displays and shall not provide any other services or things of value to the retail food store wine licensee.
History (2)
  • Acts 2014, ch. 554, § 1
  • 2017, ch. 443, §§ 1, 2.
§ 57-3-816. Permitted manager — Employees to obtain certification pursuant to responsible vendor training program for wine.
  1. (a) Any retail food store that is licensed to sell wine must have a permitted manager as prescribed in § 57-3-221 and that manager must work on the premises of the licensed retail food store. A retail food store may have more than one (1) manager per license.
  2. (b) All employees of a retail food store that is licensed to sell wine and is involved in selling the wine must obtain certification pursuant to the responsible vendor training program for wine in § 57-3-818.
History (1)
  • Acts 2014, ch. 554, § 1.
§ 57-3-817. Wine tastings prohibited on premises — Licensee permitted to hold license to sell alcoholic beverages for consumption on premises — Requirements.
  1. (a) No retail food store shall conduct tastings of wine on the premises of the retail food store.
  2. (b) A retail food store that has a license pursuant to this part may also hold a license to sell alcoholic beverages for consumption on premises pursuant to chapter 4 of this title.
History (2)
  • Acts 2014, ch. 554, § 1
  • 2016, ch. 830, § 1.
§ 57-3-818. Responsible vendor training program — Report — Fees — Exceptions.
  1. (a) The commission shall create a responsible vendor training program for retail food store wine licensees and retailers licensed pursuant to § 57-3-204 similar to the responsible vendor training program established in chapter 5, part 6 of this title.
  2. (b) Except as provided in subsection (d), each retail food store wine licensee and retailer licensed in this state shall participate in the responsible vendor training program created under this section as a condition to having and maintaining such license.
  3. (c) Each retail food store and retailer shall be required to annually file a report stating the number of certified clerks employed by the licensee in the twelve (12) months preceding the date of the report. The list shall include the first and last name of each clerk. The licensee shall maintain records for each clerk sufficient to verify that annual training has been completed. Training shall be a minimum of one (1) hour annually. Each retail food store and retailer shall pay a fee as follows:
    1. (1) 0-15 certified clerks$150;
    2. (2) 16-30 certified clerks$200;
    3. (3) 31-45 certified clerks$250;
    4. (4) 46-60 certified clerks$300;
    5. (5) 61-100 certified clerks$350;
    6. (6) 101-150 certified clerks$400;
    7. (7) 151-200 certified clerks$450; and
    8. (8) $50.00 for each additional 50 certified clerks over 200.
  4. (d) The commission shall not require any licensee to participate or pay fees for both the responsible vendor training program created in this section and the program established in chapter 5, part 6 of this title. Participation in either program shall be deemed sufficient compliance.
  5. (e) This section shall not apply to employees of a retailer licensed under § 57-3-204 until July 1, 2016. Any employee of a retailer who has a valid permit under [former] § 57-3-204(c) [expired] on July 1, 2016, shall not be required to be certified pursuant to this section until that permit expires.
Backlinks (1)
History (2)
  • Acts 2014, ch. 554, § 1
  • 2019, ch. 136, § 2.
§ 57-3-819. Prohibition against sale or gift of wine on certain holidays.
  1. Notwithstanding any law to the contrary, a retail food store wine licensee shall not sell or give away wine on Christmas, Thanksgiving, or Easter.
History (1)
  • Acts 2018, ch. 1010, § 3.
§ 57-3-820. Sale or transfer of alcoholic beverage inventory.
  1. Notwithstanding any other law to the contrary, a retailer licensed pursuant to § 57-3-803 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 wine to the purchasing entity or person or to another establishment of the same license type held by the closing licensee, if:
    1. (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 wine to be sold or transferred;
    2. (2) All invoices and debts related to wine being sold pursuant to this section are paid in full prior to the wine being sold or transferred; and
    3. (3) The purchaser or transferee is licensed by the commission under § 57-3-803 prior to the sale or transfer being finalized.
History (1)
  • Acts 2021, ch. 76, § 2.
Part 9 Unfair Wine Sales Law
§ 57-3-901. Short title.
  1. This part shall be known and may be cited as the “Unfair Wine Sales Law.”
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-902. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Basic cost of wine” means the invoice cost of wine to the retailer in the quantity last purchased from the wholesaler at prices generally available in the marketplace, absent any cash or other discounts, incentives and/or concessions of any kind, whether such discounts, incentives or concessions are offered within or outside of this state, to which shall be added the full face value of any taxes, freight or delivery fees which may be required by any tax law of this state imposed upon wine supplied to retailers now in effect or hereafter enacted, and any other taxes or fees imposed by this title, if not already included by the wholesaler in this price;
    2. (2) “Commission” means the alcoholic beverage commission;
    3. (3) “Cost of doing business by the retailer” is twenty percent (20%) of the basic cost of wine to the retailer;
    4. (4) “Cost to the retailer” means the “basic cost of wine” to the retailer plus the “cost of doing business by the retailer”; and
    5. (5) “Prices generally available in the marketplace” means the price of wine based upon a purchase from a wholesaler on terms and conditions:
      1. (A) Typically available to nonfood store retailers in the trade area in which the retailer is located; and
      2. (B) In accordance with the requirements set forth in §§ 57-3-811, 57-3-812 and 57-3-813;
    6. (6) “Retailer” means the holder of a retail food store wine license issued under § 57-3-803 or the holder of a retailer license under § 57-3-204;
    7. (7) “Sell at retail,” “sales at retail” or “retail sales” means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and
    8. (8) “Wholesaler” has the same meaning as provided in § 57-3-101(a).
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-903. Advertising, offering for sale or selling wine at less than cost — Misdemeanor — Prima facie violation of part.
  1. (a) It is a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, wine at less than cost to the retailer.
  2. (b) The advertising, sale or offer to sell of wine by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of this part, and of intent to injure competitors or destroy substantially or lessen competition.
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-904. Assisting or aiding violation of part — Penalty.
  1. Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-905. Contracts in violation of part illegal and void.
  1. Any contract, express or implied, made by any person, firm, or corporation in violation of any of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-906. Equitable action to enjoin violation — Recovery of damages and costs — Action for damages alone permitted.
  1. (a)
    1. (1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.
    2. (2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit.
    3. (3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
  2. (b) In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a).
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-907. Restrictions on sales by retail food stores.
  1. No retail food store as defined in § 57-3-802 shall sell, offer for sale or advertise the sale of:
    1. (1) Two (2) or more items, at least one (1) of which items is wine, at a combined price; or
    2. (2) Liquor, spirits or high alcohol content beer.
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-908. Commission to enforce part — Civil penalties — Petition for hearing.
  1. (a) The commission shall administer and enforce this part.
  2. (b)
    1. (1) For an initial violation or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000);
    2. (2) For any second violation or noncompliance with any provision of this part by any retailer who has previously been found in violation pursuant to subdivision (b)(1), a penalty shall be imposed not to exceed two thousand five hundred dollars ($2,500); and
    3. (3) For any subsequent violation or violations or noncompliance with any provision of this part, by any retailer who has previously been found in violation pursuant to subdivision (b)(2), a penalty shall be imposed not to exceed five thousand dollars ($5,000).
  3. (c) Any retailer who is assessed a civil penalty pursuant to this section, and who continues to engage in the unauthorized sale, distribution or handling of wine in this state, either directly or through any agent or third party acting on behalf of such retailer, shall be charged with an additional violation of this part.
  4. (d) Any retailer who is adversely affected by a decision of the commission may petition the commission for a hearing which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
  5. (e) In enforcing this part, the commission shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner.
History (1)
  • Acts 2014, ch. 554, § 30.
§ 57-3-909. Exceptions from application of part.
  1. This part shall not apply to sales at retail made where wines are:
    1. (1) Sold upon the complete final liquidation of a business;
    2. (2) Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court;
    3. (3) Closeouts; or
    4. (4) Such other occasional discounts as defined by the commission, not to exceed the cost to the retailer.
History (2)
  • Acts 2014, ch. 554, § 30
  • 2022, ch. 859, § 1.
Part 10 Intoxicating Liquor Sales Law
§ 57-3-1001. Short title.
  1. This part shall be known and may be cited as the “Intoxicating Liquor Sales Law.”
History (1)
  • Acts 2018, ch. 783, § 6.
§ 57-3-1002. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Basic cost of intoxicating liquor” means the invoice cost of intoxicating liquor to the retailer in the quantity last purchased from the wholesaler at prices generally available in the marketplace, absent any cash or other discounts, incentives and/or concessions of any kind, whether such discounts, incentives, or concessions are offered within or outside of this state, to which shall be added the full face value of any taxes, freight, or delivery fees which may be required by any tax law of this state imposed upon intoxicating liquor supplied to retailers now in effect or hereafter enacted, and any other taxes or fees imposed by this title, if not already included by the wholesaler in this price;
    2. (2) “Commission” means the alcoholic beverage commission;
    3. (3) “Cost of doing business by the retailer” is ten percent (10%) of the basic cost of intoxicating liquor to the retailer;
    4. (4) “Cost to the retailer” means the “basic cost of intoxicating liquor” to the retailer plus the “cost of doing business by the retailer”;
    5. (5) “Intoxicating liquor” means and includes alcohol, spirits, liquors, 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 part shall be construed or defined as including or relating to the sale of any beverage having an alcoholic content of eight percent (8%) by weight or less;
    6. (6) “Prices generally available in the marketplace” means the price of intoxicating liquor based upon a purchase from a wholesaler on terms and conditions:
      1. (A) Typically available to retailers in the trade area in which the retailer is located; and
      2. (B) In accordance with the requirements set forth in § 57-3-404;
    7. (7) “Retailer” means the holder of a retailer license under § 57-3-204;
    8. (8) “Sell at retail”, “sales at retail”, or “retail sales” means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and
    9. (9) “Wholesaler” has the same meaning as provided in § 57-3-101(a).
Backlinks (1)
History (1)
  • Acts 2018, ch. 783, § 6.
§ 57-3-1003. Violations — Penalty.
  1. (a) It is a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, intoxicating liquor at less than cost to the retailer.
  2. (b) The advertising, sale, or offer to sell of intoxicating liquor by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of this part, and of intent to injure competitors or destroy substantially or lessen competition.
History (1)
  • Acts 2018, ch. 783, § 6.
§ 57-3-1004. Persons assisting or aiding in violation — Penalty.
  1. Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
History (1)
  • Acts 2018, ch. 783, § 6.
§ 57-3-1005. Contracts in violation of part void.
  1. Any contract, express or implied, made by any person, firm, or corporation in violation of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
History (1)
  • Acts 2018, ch. 783, § 6.
§ 57-3-1006. Parties injured by violations — Right to maintain action — Injunction — Damages.
  1. (a)
    1. (1) Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.
    2. (2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit.
    3. (3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
  2. (b) In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a).
History (1)
  • Acts 2018, ch. 783, § 6.
§ 57-3-1007. Enforcement by commission.
  1. (a) The commission shall administer and enforce this part.
  2. (b)
    1. (1) For an initial violation of or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000).
    2. (2) For any second violation of or noncompliance with any provision of this part by any retailer who has previously been found in violation pursuant to subdivision (b)(1), a penalty shall be imposed not to exceed two thousand five hundred dollars ($2,500).
    3. (3) For any subsequent violation or violations of or noncompliance with any provision of this part, by any retailer who has previously been found in violation pursuant to subdivision (b)(2), a penalty shall be imposed not to exceed five thousand dollars ($5,000).
  3. (c) Any retailer who is assessed a civil penalty pursuant to this section, and who continues to engage in the unauthorized sale, distribution, or handling of intoxicating liquor in this state, either directly or through any agent or third party acting on behalf of such retailer, shall be charged with an additional violation of this part.
  4. (d) Any retailer who is adversely affected by a decision of the commission may petition the commission for a hearing which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  5. (e) In enforcing this part, the commission shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner.
History (1)
  • Acts 2018, ch. 783, § 6.
§ 57-3-1008. Applicability.
  1. This part shall not apply to sales at retail made where intoxicating liquors are:
    1. (1) Sold upon the complete final liquidation of a business;
    2. (2) Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court;
    3. (3) Closeouts; or
    4. (4) Such other occasional discounts as defined by the commission, not to exceed the cost to the retailer.
History (2)
  • Acts 2018, ch. 783, § 6
  • 2022, ch. 859, § 2.
Part 11 Tennessee Wine and Grape Board
§ 57-3-1101. Tennessee wine and grape board.
  1. (a) The Tennessee wine and grape board is hereby created, referred to in this part as the “board”, for the purpose of supporting the growth of the wine industry in this state.
  2. (b) For administrative purposes only, the board is attached to the department of agriculture.
  3. (c) The board is composed of seven (7) members, as follows:
    1. (1) The commissioner of agriculture, or the commissioner's designee;
    2. (2) The commissioner of tourism, or the commissioner's designee;
    3. (3) A Tennessee wine producer, appointed by the governor;
    4. (4) A Tennessee grape or fruit producer, appointed by the governor;
    5. (5) A person in higher education with a background in fermentation or viticulture, appointed by the governor; and
    6. (6) Two (2) members who are involved, with respect to the wine industry in this state, in production, marketing, sales, journalism, or education, appointed by the governor.
  4. (d) Members appointed under subdivisions (c)(3)-(6) serve at the pleasure of the governor.
  5. (e) The members of the board shall receive no compensation for their service on the board, nor are the members entitled to per diem or travel expenses for the purposes of carrying out their duties under this part.
  6. (f) The commissioner of agriculture shall call the first meeting of the board. The board shall elect its chair and other officers at the first meeting of the board and annually thereafter.
  7. (g) For the initial appointments of members under subdivisions (c)(3)-(6), the governor shall appoint two (2) members to four-year terms, two (2) members to three-year terms, and one (1) member to a two-year term.
  8. (h) After the initial appointments, each appointed member shall serve a term of four (4) years. Vacancies on the board must be filled in the same manner as the initial appointment.
  9. (i) For purposes of conducting official business of the board, a quorum consists of no less than four (4) members.
  10. (j) The board shall issue an annual report on the wine industry and viticulture in this state and on current and future activities of the board, and shall submit the report to the governor, the commissioner of finance and administration, the chair of the agriculture and natural resources committee of the house of representatives, and the chair of the energy, agriculture and natural resources committee of the senate.
Backlinks (2)
History (1)
  • Acts 2019, ch. 444, § 3.
§ 57-3-1102. Use of appropriated money — Raising funds — Audit.
  1. (a) Money appropriated for use by the board must be used to:
    1. (1) Increase the number of wineries in this state;
    2. (2) Improve the quality of wine produced by wineries in this state;
    3. (3) Promote the wine industry and viticulture in this state; and
    4. (4) Implement and maintain a wholesaler rebate program for Tennessee wineries.
  2. (b) The board has the authority to receive gifts, donations, grants, and funds to promote its activities and support ongoing programs. Any funds raised by the board must be used in accordance with this part.
  3. (c) Any funds received by the board shall be held by the department and accounted for separately for such use.
  4. (d) The office of the comptroller of the treasury may audit the board as it deems necessary.
History (1)
  • Acts 2019, ch. 444, § 3.
§ 57-3-1103. Promulgation of rules by board.
  1. The board may promulgate rules for the purpose of carrying out this part.
History (1)
  • Acts 2019, ch. 444, § 3.
Chapter 4 Consumption of Alcoholic Beverages on Premises
Part 1 General Provisions
§ 57-4-101. Premises on which certain sales and consumption authorized.
  1. (a) It is lawful to sell wine and other alcoholic beverages as defined in § 57-4-102, and beer as defined in § 57-6-102, to be consumed on the premises of, or within the boundaries of, any:
    1. (1) Hotel, commercial passenger boat company, commercial passenger bus company, paddlewheel steamboat company, restaurant, commercial airlines, or passenger trains meeting the requirements hereinafter set out, within the boundaries of the political subdivisions, wherein such is authorized under § 57-4-103;
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    2. (2) Premier type tourist resort or club as defined in § 57-4-102, to guests of such resort and to members and guests of such clubs, subject to the further provisions of this chapter other than § 57-4-103;
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    3. (3) Convention center as defined in § 57-4-102, to those in attendance at the convention center, subject to the further provisions of this chapter other than §§ 57-3-210(b)(1) and 57-4-103;
    4. (4) Historic performing arts center as defined in 57-4-102, to those in attendance at the performing arts center, subject to the further provisions of this chapter other than § 57-4-103;
    5. (5) Historic interpretive center as defined in § 57-4-102, to those in attendance at such interpretive center, subject to the further provisions of this chapter other than §§ 57-4-103 and 57-3-210(b)(1);
    6. (6) Community theater as defined in § 57-4-102, to those in attendance at such community theater, subject to the further provisions of this chapter other than § 57-4-103;
    7. (7) Historic mansion house site as defined in § 57-4-102, subject to the further provisions of this chapter other than § 57-4-103;
    8. (8) Terminal building of a commercial air carrier airport as defined in § 57-4-102, subject both to the further provisions of this chapter other than § 57-4-103, and to the approval of a majority of the governing board of such commercial air carrier airport;
    9. (9)
      1. (A) Zoological institution as defined in § 57-4-102, to those in attendance at the zoological institution, subject to the further provisions of this chapter other than § 57-4-103. No such wine, alcoholic beverages or beer shall be served during the regular operating hours where the institution is open to the general public unless a special event is scheduled for fund-raising purposes which is by invitation or for which an admission is charged for such event;
      2. (B) Notwithstanding subdivision (a)(9)(A), zoological institution as defined in § 57-4-102(42)(A), (B), and (D), to those in attendance at the zoological institution, subject to the further provisions of this chapter other than § 57-4-103;
    10. (10) Museum as defined in § 57-4-102, to those in attendance at the museum, subject to the further provisions of this chapter other than § 57-4-103. No alcoholic beverage or beer shall be served during the regular operating hours when the museum is open to the general public except at a restaurant located on the premises of such museum or at a special event scheduled for fund-raising purposes when such event is either by invitation or admission is charged;
    11. (11) Commercial airline travel club as defined in § 57-4-102, located within a terminal building of a commercial air carrier airport as defined in § 57-4-102, subject both to the further provisions of this chapter, other than § 57-4-103, and to the approval of a majority of the governing board of such commercial air carrier airport;
    12. (12) Public aquarium as defined in § 57-4-102, to those in attendance at the public aquarium subject to this chapter;
    13. (13) Aquarium exhibition facility as defined in § 57-4-102, to those in attendance at such facility subject to this chapter. Such alcoholic beverages, wine and beer shall only be sold on such premises at special functions, wherein attendance is limited to invited guests or groups, the function is not open to the general public, and the area in which the function is held is not open to the general public during such function;
    14. (14) Caterer licensed under this chapter as well as at such other sites as the licensed caterer has given advanced notice to the commission. Such sites shall be considered to be within the licensed premises for the purposes of this chapter;
    15. (15) Sports authority facility as defined in § 57-4-102, to those in attendance at such sports authority facility, subject to the further provisions of this chapter. A sports authority facility as defined in § 57-4-102(35)(A) constitutes an urban park center for the purposes of the taxes provided in § 57-4-301;
    16. (16) Theater as defined in § 57-4-102, to those in attendance at such theater, subject to the further provisions of this chapter;
    17. (17) Retirement center as defined in § 57-4-102;
    18. (18) Tennessee River resort district as defined in § 57-4-102, subject to the further provisions of this chapter other than § 57-4-103;
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    19. (19) Civic arts center as defined in § 57-4-102, to those in attendance at the civic arts center, subject to the further provisions of this chapter other than § 57-4-103;
    20. (20) Limited service restaurant as defined in § 57-4-102, wherein such is authorized under § 57-4-103;
    21. (21) Festival operator as defined in § 57-4-102, to those in attendance at a festival, subject to the further provisions of this chapter, and except as otherwise provided in § 57-4-102;
    22. (22) Food hall, as defined in § 57-4-102, to those in attendance at the food hall, subject to this chapter; and
    23. (23) Restricted retail business, as defined in § 57-4-102, to the patrons of such restricted small business, subject to this chapter.
  2. (b) It is lawful to sell wine and other alcoholic beverages as defined in § 57-4-102, to be consumed on the premises of any:
    1. (1) Permanently constructed facility within an urban park center as defined in § 57-4-102, to those in attendance at the urban park center, subject to the further provisions of this chapter other than §§ 57-4-103 and 57-3-210(b)(1);
    2. (2) Any motor speedway as defined in § 57-4-102, to the patrons and guests of such motor speedway, subject to the further provisions of this chapter other than § 57-4-103. The phrase “premises of any motor speedway” includes any permanent or temporary structure erected on the motor speedway site as defined in § 57-4-102(24)(A); and
    3. (3) Country club located on an historic property, as defined in § 57-4-102, to the patrons and guests of such country club, subject to the further provisions of this chapter other than § 57-4-103.
  3. (c) It is lawful to sell wine, as defined in § 57-4-102, to be consumed on the premises of any:
    1. (1) Restaurant located within the boundaries of any political subdivision which has authorized the sale of alcoholic beverages for consumption on the premises as provided in § 57-4-103, subject to the further provisions of this chapter. Notwithstanding the minimum seating requirement for a restaurant in § 57-4-102, a restaurant operating under this subsection (c) shall have a seating capacity of at least forty (40) people at tables, except in central business improvement districts located in counties having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census where such restaurants shall have a seating capacity of at least twenty-four (24) people; and
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    2. (2) Bed and breakfast establishment as defined in § 57-4-102, to the guests of the bed and breakfast establishment, subject to the further provisions of this chapter other than § 57-4-103.
  4. (d) It is lawful to serve wine and other alcoholic beverages as defined in § 57-3-101, and beer as defined in § 57-6-102, to be consumed on the premises of any club as defined in § 57-4-102(8)(G), to the guests of the club, subject to the further provisions of this chapter other than § 57-4-103; provided, that such club is located in a county having a population of not less than one hundred three thousand one hundred (103,100) nor more than one hundred three thousand four hundred (103,400), according to the 1990 federal census or any subsequent federal census, and in a municipality which lies within two (2) contiguous counties.
  5. (e) It is lawful to serve wine as defined in § 57-3-101, and beer as defined in § 57-6-102, to be consumed on the premises of any restaurant as defined in § 57-4-102(31)(F), located in the unincorporated areas of any county having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475), according to the 1990 federal census or any subsequent federal census, subject to the further provisions of this chapter other than § 57-4-103.
  6. (f) It is lawful to serve wine as defined in § 57-3-101, to be consumed on the premises of any historic inn as defined in § 57-4-102, to the patrons and guests of the historic inn, subject to the further provisions of this chapter other than § 57-4-103.
  7. (g)
    1. (1) It is lawful for a charitable, nonprofit or political organization possessing a special occasion license pursuant to § 57-4-102 to serve or sell wine and other alcoholic beverages as defined in § 57-4-102, and beer as defined in § 57-6-102, to be consumed on the designated premises, or sold or donated in sealed containers for off-premises consumption within the boundaries of a political subdivision wherein the sale of alcoholic beverages at retail has been approved pursuant to § 57-3-106 or wherein the sale of alcoholic beverages for consumption has been approved pursuant to § 57-4-103. A special occasion license may also be issued for an event within the unincorporated portion of a county if at least one (1) municipality in such county has approved the sale of alcoholic beverages at retail pursuant to § 57-3-106 or the sale of alcoholic beverages for consumption pursuant to § 57-4-103.
    2. (2) Notwithstanding subdivision (g)(1) to the contrary, a special occasion license may be issued in a jurisdiction wherein the sale of alcoholic beverages for consumption on the premises has not been approved pursuant to § 57-4-103, with written approval to hold an event by and in such jurisdiction that is signed by the executive officer or chair of the legislative body of such jurisdiction.
  8. (h) Any hotel or motel licensed under this chapter may dispense sealed alcoholic beverages and beer to adult guests through locked, in-room units. Distilled spirits so dispensed shall be in bottles not exceeding fifty milliliters (50 ml.). No person under the age of twenty-one (21) shall be issued or supplied with a key by any hotel or motel for such units. Such units may only be located in any such hotel or motel if the voters of such municipality have approved the consumption of alcoholic beverages on the premises by referendum, and in any county in which such municipalities are located if the voters of such county have approved the consumption of alcoholic beverages on the premises by referendum.
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  9. (i) A restaurant or hotel licensed under this chapter may seek an additional license permitting the restaurant or hotel to distribute and sell wine, beer and other alcoholic beverages at locations other than the licensed premises if the restaurant or hotel is providing catering services, if such location is within a jurisdiction where such sales are authorized. A caterer licensed under this chapter may distribute and sell wine, beer and other alcoholic beverages at locations other than the permanent catering hall if the caterer is providing catering services at a location that is within a jurisdiction where such sales are authorized.
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  10. (j) It is lawful to serve wine as defined in § 57-4-102 within a special historic district as defined in § 57-4-102 on Fridays and Saturdays. Such establishments serving wine within the special historic district shall not be required to obtain a special occasion license pursuant to § 57-4-102 or be required to obtain server permits pursuant to chapter 3, part 7 of this title. This section shall not apply to any restaurant or bar located within the special historic district.
  11. (k) It is lawful to serve wine, as defined in § 57-3-101, to be consumed on the premises of any restaurant, as defined in § 57-4-102(31)(G), located in any county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census, subject to the further provisions of this chapter other than § 57-4-103.
  12. (l) It is lawful to serve wine as defined in § 57-3-101, to be consumed on the premises of any restaurant as defined in § 57-4-102(31)(I), located in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census, subject to the further provisions of this chapter other than § 57-4-103.
  13. (m) A premier type tourist resort, as defined in § 57-4-102(28)(EEE), licensed pursuant to this part, shall be allowed to sell beer, as defined in § 57-5-101(b), to its patrons or guests, for either on-premises or off-premises consumption provided such premier type tourist resort, as defined in § 57-4-102(28)(EEE), obtains a permit, pursuant to chapter 5 of this title, issued by the county or city where such premier type tourist resort is located.
  14. (n) A licensee who qualifies for a restaurant license, limited service restaurant license, or hotel license may also serve alcoholic beverages in any area of the premises designated on the application that is used for the purpose of entertainment activities. Entertainment activities may include, but are not limited to, bowling, billiards, games, auditoriums, darts, or golf driving ranges. Any area used for entertainment activities shall have table service or be within close observation distance from the service area of the facility as determined by the commission.
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  15. (o) It is lawful to furnish, dispense, or give away alcoholic beverages and beer without a license or permit issued by the commission at a private party or private event.
  16. (p) An entity licensed or applying for a license under subsection (a), or a manufacturer exercising the rights granted to it under § 57-3-202(i)(1), may include in the entity's designation of its premises any contiguous area owned or controlled by the entity for purposes of on-premises consumption of alcoholic beverages and beer. If the contiguous area used for on-premises consumption is unenclosed, the entity shall make reasonable efforts to ensure that a customer cannot leave the premises with an alcoholic beverage or beer purchased on the premises by using barriers to prevent the ingress and egress of customers to and from the premises. If more than one (1) entity licensed under subsection (a) or § 57-3-202 operates within the same building or facility, the designations of premises under this subsection (p) may overlap; provided, that each entity serves alcoholic beverages and beer in a glass or cup identifying the entity selling the alcoholic beverages or beer for on-premises consumption.
    Backlinks (13)
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History (64)
  • Acts 1939, ch. 49, § 3
  • C. Supp. 1950, §§ 6648.4 (Williams, § 6648.6)
  • T.C.A. (orig. ed.), § 57-106
  • Acts 1967, ch. 211, § 1
  • 1972, ch. 682, § 1
  • 1972, ch. 756, §§ 1, 2
  • 1975, ch. 111, §§ 1, 2
  • 1979, ch. 401, § 1
  • T.C.A., § 57-152
  • Acts 1980, ch. 898, § 1
  • 1981, ch. 404, § 1
  • 1981, ch. 475, § 1
  • 1983, ch. 52, § 1
  • 1983, ch. 229, § 6
  • 1983, ch. 300, § 2
  • 1983, ch. 469, § 1
  • 1984, ch. 975, § 1
  • 1985, ch. 190, § 1
  • 1986, ch. 899, §§ 1, 2
  • 1987, ch. 444, §§ 1, 2
  • 1989, ch. 145, § 1
  • 1990, ch. 919, § 1
  • 1991, ch. 219, § 1
  • 1992, ch. 674, § 1
  • 1992, ch. 982, § 1
  • 1995, ch. 306, § 1
  • 1996, ch. 749, § 1
  • 1998, ch. 795, §§ 1, 5
  • 1998, ch. 939, § 1
  • 1999, ch. 314, § 3
  • 1999, ch. 525, § 1
  • 2000, ch. 657, § 1
  • 2001, ch. 64, § 1
  • 2001, ch. 74, § 2
  • 2001, ch. 84, § 2
  • 2001, ch. 371, § 1
  • 2001, ch. 383, §§ 1, 4
  • 2002, ch. 647, § 2
  • 2004, ch. 544, § 2
  • 2004, ch. 857, § 2
  • 2005, ch. 212, §§ 3, 4
  • 2005, ch. 253, § 1
  • 2006, ch. 602, § 1
  • 2008, ch. 634, § 1
  • 2010, ch. 647, § 2
  • 2010, ch. 927, § 1
  • 2010, ch. 1133, § 1
  • 2011, ch. 447, § 2
  • 2014, ch. 907, § 2
  • 2014, ch. 1001, § 11
  • 2015, ch. 336, § 1
  • 2015, ch. 367, § 1
  • 2015, ch. 391, § 4
  • 2016, ch. 874, § 2
  • 2017, ch. 142, § 2
  • 2017, ch. 147, §§ 7, 8
  • 2018, ch. 755, §§ 1, 3
  • 2019, ch. 300, § 1
  • 2019, ch. 435, § 4
  • 2020, ch. 778, § 1
  • 2021, ch. 330, § 1
  • 2024, ch. 865, § 1
  • 2024, ch. 889, § 1
  • 2024, ch. 926, § 1.
§ 57-4-102. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (1) “Alcoholic beverage” or “beverage” means and includes alcohol, spirits, liquor, wine, and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine or beer as defined in § 57-5-101(b). Notwithstanding any provision to the contrary in this title, “alcoholic beverage” or “beverage” also includes any product containing distilled alcohol capable of being consumed by a human being manufactured or made with distilled alcohol irrespective of alcoholic content, including any infused product;
    2. (2) “Aquarium exhibition facility” means an enclosed facility possessing each of the following characteristics:
      1. (A) The facility is owned and operated by a bona fide charitable or nonprofit organization that also owns and operates a “public aquarium” as defined in subdivision (31);
      2. (B) The facility contains a minimum area of ten thousand square feet (10,000 sq. ft.); and
      3. (C) The facility is used for either or both of the following purposes:
        1. (i) The exhibition to the public of artifacts, physical objects, pictures and movies; or
        2. (ii) To aid in the education of the public by means of interactive displays or stations, learning laboratories, and classroom areas for instruction in the physical sciences, natural history or other educational disciplines;
    3. (3)
      1. (A) “Bed and breakfast establishment” has the same meaning as set forth in § 68-14-502(1)(A); provided, that such bed and breakfast establishment is located in a county having a population of not less than fifty-one thousand three hundred fifty (51,350) nor more than fifty-one thousand four hundred fifty (51,450), according to the 1990 federal census or any subsequent federal census and has eleven (11) furnished guest rooms;
      2. (B) “Bed and breakfast establishment” also means an establishment:
        1. (i) Founded in July 1987;
        2. (ii) With twelve (12) rooms and five (5) cottages;
        3. (iii) Located on approximately fifteen (15) acres;
        4. (iv) Operating a full service day spa; and
        5. (v) Located in a county with not less than eighty-nine thousand eight hundred (89,800) and not more than eighty-nine thousand nine hundred (89,900), according to the 2010 or any subsequent federal census;
    4. (4) “Bona fide charitable or nonprofit organization” means any corporation which has been recognized as exempt from federal taxes under § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)), or any organization having been in existence for at least two (2) consecutive years which expends at least sixty percent (60%) of its gross revenue exclusively for religious, educational or charitable purposes;
    5. (5) “Bona fide political organization” means any political campaign committee as defined in § 2-10-102 or any political party as defined in § 2-13-101;
    6. (6)
      1. (A) “Caterer” means a business engaged in offering food and beverage service for a fee at various locations, which:
        1. (i) Operates a permanent catering hall on an exclusive basis or restaurant;
        2. (ii) Has a complete and adequate commercial kitchen facility; and
        3. (iii) Is licensed as a caterer by the Tennessee department of health;
      2. (B) “Caterer” also means a business engaged in offering food and beverage service for a fee at various locations that:
        1. (i) Operates a permanent catering hall on an exclusive basis or a restaurant;
        2. (ii) Has a complete and adequate commercial kitchen facility;
        3. (iii) Is licensed by the Tennessee department of agriculture; and
        4. (iv) Is a retail food store that has a license to sell wine under § 57-3-803;
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    7. (7) “Civic arts center” means a complex that serves as a community center for the arts and further possesses the following characteristics:
      1. (A) Has a performance hall with at least one thousand one hundred (1,100) seats;
      2. (B) Has a flexible theater;
      3. (C) Consists of two (2) buildings and an outdoor plaza between the buildings;
      4. (D) Allows alcoholic beverages to be served when the civic arts center is hosting ticketed events, private functions or is rented to another party hosting an event open to the public; and
      5. (E) Is located in a county having a population of not less than one hundred five thousand eight hundred (105,800) nor more than one hundred five thousand nine hundred (105,900), according to the 2000 federal census or any subsequent federal census;
    8. (8)
      1. (A) “Club” means a nonprofit association organized and existing under the laws of this state, which has been in existence and operating as a nonprofit association for at least two (2) years prior to the application for a license hereunder, having at least one hundred (100) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member; and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided, that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed by its members at an annual meeting or by its governing body out of the general revenue of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The premises, as provided in § 57-4-101(a)(2) for a club, shall also include the golf course, tennis courts and the area immediately surrounding the swimming pool, if a club offers such amenities. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with the definition above;
      2. (B) “Club” also means an organization composed of members of the Tennessee national guard, air national guard, or other active or reserve military units which operate facilities located on land owned or leased by this state and which are operated exclusively for the pleasure and recreation of such organization's members, dependents and guests and which are generally referred to as “NCO Clubs” or “Officers Clubs.” Such NCO or officers clubs shall be subject to all of the requirements of subdivision (8)(A), except for those requirements relating to having a kitchen, kitchen equipment, and employees;
      3. (C) “Club” also means a nonprofit association organized and existing under the laws of this state which is located in a county having a population of not less than twenty-eight thousand six hundred sixty (28,660) nor more than twenty-eight thousand six hundred ninety (28,690), according to the 1980 federal census or any subsequent federal census. Such club shall be located in a development containing no less than four hundred forty (440) acres and shall be organized and operated exclusively for the pleasure, recreation and other nonprofit purposes of its members and their guests. No part of the net earnings of the association shall inure to the benefit of any shareholder or member. The club shall provide to its members a regulation golf course, tennis courts, and a swimming pool. The club shall own, hire or lease a building or buildings for the reasonable use of its members with suitable kitchen and dining room space and equipment. Such club shall maintain and use a sufficient number of employees for cooking, preparing and serving meals for its members and guests. No member or officer, agent or employee of the club shall be paid, or directly or indirectly receive in the form of salary or other compensation any profits from the sale of alcoholic beverage or malt beverage beyond the amount of such salary as may be fixed by its members at an annual meeting, or by its governing body out of the general revenues of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with this definition;
      4. (D)
        1. (i) “Club” also means a for-profit recreational club organized and existing under the laws of this state and which has been in existence and operating for at least two (2) years prior to the application for a license. Such club shall have at least one hundred (100) members regularly paying dues, and shall be organized and operated exclusively for recreation, and providing to its members a regulation golf course and owning, hiring or leasing a building or buildings for the reasonable use of its members, with suitable kitchen and dining room space and equipment, and lodging facilities consisting of not less than ten (10) rooms. Such club shall maintain and use a sufficient number of employees for cooking, preparing and serving meals for its members and guests and providing lodging facilities to its members and guests. Other than the payment of dividends to the shareholders of the club from its net income derived from all of its operations, no member or officer, agent or employee of the club shall be paid, or shall directly or indirectly receive in the form of salary or other compensation, any profits from the sale of alcoholic beverages or malt beverages beyond the amount of such salary as may be fixed by the shareholders of the corporation at an annual meeting by its governing body out of the general revenues of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with this definition. The alcoholic beverage commission shall not issue a license to any for-profit recreational club which restricts membership based on race or religion or sex. In any proceeding concerning a license denial or revocation under this subdivision (8)(D)(i), no quota or numerical percentage shall be used to establish proof of the prohibited discrimination among the club's membership;
        2. (ii) Notwithstanding § 57-4-101(a)(2) to the contrary, this subdivision (8)(D) shall not apply in any municipality which has not approved the sale of alcoholic beverages for consumption on the premises pursuant to § 57-4-103;
        3. (iii) This subdivision (8)(D) only applies in counties having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census;
      5. (E)
        1. (i) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which has at least two hundred fifty (250) dues-paying members who pay dues of at least one hundred dollars ($100) a year. Such club shall have golf courses containing at least twenty-seven (27) holes, collectively, for the use of its members and guests, and have suitable kitchen and dining facilities. Such club shall serve at least one (1) meal daily, five (5) days a week. Such club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based upon the volume of such beverages sold. Such club shall not discriminate against any patron or potential member on the basis of gender, race, religion or national origin;
        2. (ii) This subdivision (8)(E) only applies in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census;
      6. (F)
        1. (i)
          1. (a) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which has at least two hundred twenty-five (225) dues-paying members who pay dues of at least three hundred dollars ($300) a year. Such club shall have a clubhouse with not less than five thousand square feet (5,000 sq. ft.), golf courses containing at least eighteen (18) holes, collectively, for the use of its members and guests, and have suitable kitchen and dining facilities. Such club shall serve at least one (1) meal daily, five (5) days a week. Such club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based upon the volume of such beverages sold. Such club shall not discriminate against any patron or potential member on the basis of gender, race, religion or national origin. It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced in such clubs;
          2. (b) The premises, as provided in § 57-4-101(a)(2) for a club, whether such parcels comprising the club premises are contiguous or not, shall also include the golf course, including beverage carts; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities;
        2. (ii) This subdivision (8)(F) only applies in any county having a population of:
          3. 21,80022,100
          4. 22,60023,000
          5. 34,85035,000
          6. 80,00083,000
          7. 103,100103,400
        3. according to the 1990 federal census or any subsequent federal census;
      7. (G) “Club” also means a clubhouse owned and operated by a for-profit corporation, which is open to the public but has at least one hundred fifty (150) private members and seats at least one hundred (100) persons, that is a planned part of a residential development consisting of no less than two hundred fifty (250) acres and at least one hundred ninety (190) residential units, and such development contains an eighteen-hole golf course under separate ownership; provided, that such club is located in a county having a population of not less than one hundred three thousand one hundred (103,100) nor more than one hundred three thousand four hundred (103,400), according to the 1990 federal census or any subsequent federal census and in a municipality which lies within two (2) contiguous counties;
        Backlinks (1)
      8. (H) “Club” also means a facility owned by a for-profit corporation incorporated in Tennessee prior to September 30, 2000, as a private club which does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion or national origin, and further possesses the following characteristics:
        1. (i) Is located within three (3) miles of a municipal golf course owned and operated by a home-rule municipality located in a county having a charter form of government and having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census;
        2. (ii) Has, on July 3, 2002, a minimum of three hundred (300) members paying annual dues with a copy of membership applications on file on the premises, and which issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member; and
        3. (iii) Has a kitchen and dining area having a minimum seating capacity of seventy-five (75) in a building having at least eighteen hundred square feet (1,800 sq. ft.);
      9. (I)
        1. (i) “Club” also means a for-profit recreational club organized and existing under the laws of this state, or organized and existing under the laws of another jurisdiction, holding a certificate of authority to transact business in this state from the secretary of state under the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27, which has been in existence and operating for at least two (2) years prior to June 11, 2003, and which is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
          1. (a) Has at least one hundred seventy-five (175) members paying annual dues and does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion or national origin;
          2. (b) Is organized and operated exclusively for recreation and providing a regulation eighteen-hole golf course for the use of its members and guests, and also offers for the use of its members and guests a swimming pool and tennis facility; and
          3. (c) Has a clubhouse with not less than three thousand square feet (3,000 sq. ft.) with suitable kitchen, dining facilities and equipment, serving at least one (1) meal daily, at least five (5) days a week;
        2. (ii) Such club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based upon the volume of such beverages sold;
        3. (iii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by such club;
      10. (J) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in any county having a population of not less than one hundred thirty thousand (130,000) nor more than one hundred thirty-one thousand (131,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
        1. (i) The club shall be adjacent to a residential development consisting of at least one hundred (100) residential units, and the club property and such residential development shall consist of at least two hundred (200) acres;
        2. (ii) The residential development shall be adjacent to a lake with an area greater than twenty (20) acres;
        3. (iii) The club shall be organized and operated to provide to its members, their guests, and others an eighteen-hole golf course and amenities provided by other similar clubs;
        4. (iv) The club shall serve at least one (1) meal daily, five (5) days a week;
        5. (v) The club shall have a clubhouse with not less than three thousand square feet (3,000 sq. ft.) with suitable kitchen, dining facilities and equipment; and
        6. (vi) The club shall not discriminate against any person on the basis of gender, race, religion or national origin;
      11. (K)
        1. (i) “Club” also means a for-profit recreational club organized and existing under the laws of this state that has been in existence and operating for at least two (2) years prior to March 31, 2003, and that is located in any county not having a metropolitan form of government and having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
          1. (a) Has at least two hundred twenty-five (225) members paying monthly or annual dues, or both, and does not discriminate against members or potential members or bona fide guests of the members on the basis of gender, race, religion or national origin;
          2. (b) Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and may or may not also provide for the use of its members and guests a swimming pool and tennis facility; and
          3. (c) Has a clubhouse with not less than ten thousand square feet (10,000 sq. ft.) with suitable kitchen, dining facilities and equipment, serving at least one (1) meal daily, at least five (5) days a week;
          4. (d) The club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;
        2. (ii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;
      12. (L)
        1. (i) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in a county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), as of the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:
          1. (a) Has at least three hundred (300) members, as of December 23, 2015, paying dues with a copy of membership applications on file on the premises and which issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member;
          2. (b) Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and also may offer for the use of its members and guests a swimming pool and other recreational amenities;
          3. (c) Has a clubhouse with not less than ten thousand square feet (10,000 sq. ft.) with a suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily at least five (5) days a week;
          4. (d) The club may not compensate or pay any officer, director, agent, or employee any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;
          5. (e) The premises, as provided in § 57-4-101(a)(2) for a club, whether such parcels comprising the club premises are contiguous or not, shall also include the golf course, including beverage carts; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities; and
          6. (f) Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion, or national origin;
        2. (ii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;
      13. (M)
        1. (i) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:
          1. (a) Has at least three hundred (300) members, as of January 1, 2017, paying dues with a copy of membership applications on file on the premises and that issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member;
          2. (b) Is located within a planned residential development consisting of no less than six hundred (600) acres and at least three hundred (300) residential dwelling units, and such residential development contains an eighteen-hole golf course;
          3. (c) Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and also may offer its members and guests the use of a swimming pool, tennis courts, and other recreational amenities;
          4. (d) Has a clubhouse with not less than nine thousand square feet (9,000 sq. ft.) with a suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily at least five (5) days a week;
          5. (e) The club does not compensate or pay any officer, director, agent, or employee from any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;
          6. (f) The premises, as provided in § 57-4-101(a)(2), for a club, whether such parcel comprising the club premises are contiguous or not, shall also include the golf course; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities; and
          7. (g) Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, color, age, religion, or national origin; and
        2. (ii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;
      14. (N) [Deleted by 2024 amendment.]
    9. (9) “Commercial airline” includes any airline operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, or under an exemption from the requirement of obtaining a certificate of public convenience and necessity but otherwise regulated by an appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular schedules, or charter trips, while moving through any county of the state, but not while any such commercial airline is stopped in a county or municipality that has not legalized such sales;
    10. (10) “Commercial airline travel club” means an organization established and operated by or for a commercial airline as defined in this section for the convenience and comfort of airline passengers;
    11. (11) “Commercial passenger boat company” means a company that operates one (1) or more passenger vessels for hire upon navigable waterways and is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel. A commercial passenger boat company licensed pursuant to this chapter shall not sell any type of alcoholic beverage or beer while such boat is docked within the boundaries of any local government that has not approved the sale of alcoholic beverages pursuant to § 57-4-103. A commercial passenger boat company may only operate out of a county that has a population:
      1. (A) In excess of two hundred eighty-five thousand (285,000), according to the 1980 federal census or any subsequent federal census;
      2. (B) Not less than eighty-three thousand three hundred (83,300) nor more than eighty-three thousand four hundred (83,400), according to the 1980 federal census or any subsequent federal census; or
      3. (C) Not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census;
    12. (12)
      1. (A) “Commercial passenger bus company” means a company that offers commercial passenger bus service in this state using a passenger bus that:
        1. (i) Is designed and used for regularly scheduled intercity transportation of passengers for compensation;
        2. (ii) Is regulated by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA);
        3. (iii) Is at least forty-five feet (45′) in length;
        4. (iv) Has an elevated passenger deck over a baggage compartment;
        5. (v) Has passenger seating to accommodate at least sixteen (16) persons, but not more than thirty-six (36) persons;
        6. (vi) Has a separate galley area with a sink, refrigerator, and adequate counterspace to prepare food; and
        7. (vii) While transporting passengers for compensation, also transports an attendant who:
          1. (a) Is not the operator of the bus;
          2. (b) Holds a valid server permit from the commission; and
          3. (c) Sells or gives away prepared food to its customers;
      2. (B) A commercial passenger bus company licensed under this subdivision (12) shall not sell alcoholic beverages or beer:
        1. (i) While a bus is stopped for the purposes of loading or unloading passengers within the boundaries of a local government that has not approved the sale of alcoholic beverages pursuant to § 57-4-103;
        2. (ii) While a bus is on a route that is less than one hundred (100) miles one-way to its destination;
        3. (iii) To a passenger who has been served four (4) alcoholic beverages or beers by the attendant; and
        4. (iv) On private, reserved trips that are not regularly scheduled and advertised intercity trips available to the general public; and
      3. (C) Section 55-10-416(c) does not apply to a passenger of a commercial passenger bus licensed under this subdivision (12);
    13. (13) “Commission” means the alcoholic beverage commission, created pursuant to chapter 1 of this title;
    14. (14)
      1. (A) “Community theater” means a facility or theater possessing each of the following characteristics:
        1. (i) The community theater is at least eight (8) years old;
        2. (ii) The theater is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the community theater, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the theater. No alcoholic beverages or beverages of any kind shall be possessed or consumed inside the auditorium of such theater during performances in such auditorium;
        3. (iii) The theater provides or leases facilities for theatrical programs of cultural, civic and educational interest; and
        4. (iv) The theater is located in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
      2. (B) “Community theater” also includes a facility or theater possessing each of the following characteristics:
        1. (i) The facility has a performance hall seating not less than two hundred fifty (250) persons, a resource library, rehearsal rooms, and permanent exhibition space of not less than nine thousand square feet (9,000 sq. ft.);
        2. (ii) The facility is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the facility, and in furtherance of the purposes of the organization;
        3. (iii) The facility provides or leases facilities for concerts and programs of cultural, civic and educational interest; and
        4. (iv) The facility is located in any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census;
      3. (C) Alcoholic beverages may be sold at a community theater only during one (1) performance or benefit program a day and only one (1) hour before, during and one (1) hour after the performance or benefit program;
      4. (D) “Community theater” also includes a facility or theater possessing each of the following characteristics:
        1. (i) The facility is located in a building that is at least eighty (80) years old;
        2. (ii) The facility has a performance hall seating approximately two hundred fifty (250) persons;
        3. (iii) The facility is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), and no member or officer, agent or employee of any community theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing and maintenance of the facility, and in furtherance of the purposes of the organization;
        4. (iv) Alcoholic beverages shall only be sold before or after performances or during intermissions in the performances, and no alcoholic beverages shall be consumed inside the auditorium of the facility; and
        5. (v) The facility is located within a municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, in any county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;
      5. (E) “Community theater” also includes a privately owned facility possessing each of the following characteristics:
        1. (i) Is a community theater in continuous operation since 1943;
        2. (ii) Is primarily a volunteer organization with limited salaried staff;
        3. (iii) Has an auditorium with more than three hundred (300) seats;
        4. (iv) Is located on an historic square and is allowed to sell alcoholic beverages at up to five (5) special events annually that are held on the historic square along with being allowed to sell alcoholic beverages as provided in subdivision (14)(C); and
        5. (v) Is located in any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census;
      6. (F) “Community theater” also includes a facility or theater possessing each of the following characteristics:
        1. (i) The facility is at least twenty-seven (27) years old;
        2. (ii) The facility has a performance hall seating not less than one hundred fifty (150) persons and not more than five hundred (500) persons;
        3. (iii) The facility is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing and maintenance of the facility, and in furtherance of the purposes of the organization; and
        4. (iv) The facility is located in any county having a population of not less than one hundred thirty-four thousand seven hundred (134,700) nor more than one hundred thirty-four thousand eight hundred (134,800), according to the 2000 federal census or any subsequent federal census;
      7. (G) “Community theater” also includes a municipally owned facility possessing each of the following characteristics:
        1. (i) Is a community theater in continuous operation since 1980;
        2. (ii) Has an auditorium with more than three hundred (300) seats;
        3. (iii) Provides or leases facilities for concerts, plays and programs of cultural, civic and education interest; and
        4. (iv) The facility is located in any municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and the municipality has a population of not less than twenty-three thousand nine hundred twenty (23,920), nor more than twenty-three thousand nine hundred thirty (23,930), according to the 2000 federal census or any subsequent federal census;
      8. (H) “Community theater” also means a theater possessing each of the following characteristics:
        1. (i) The theater was founded in 1923;
        2. (ii) The theater has a main performance hall with not less than three hundred eighty (380) seats;
        3. (iii) The theater has an auxiliary performance hall with not less than two hundred (200) seats;
        4. (iv) The facility is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater; and
        5. (v) The theater is located within one thousand feet (1,000′) of the Tennessee River in a city with a population of one hundred sixty-seven thousand six hundred seventy-four (167,674), according to the 2010 federal census or any subsequent federal census;
      9. (I) “Community theater” also means a theater possessing each of the following characteristics:
        1. (i) The theater opened on December 9, 1949;
        2. (ii) The theater originally seated approximately one thousand (1,000) persons in spring-covered chairs;
        3. (iii) The theater reopened in July of 2012, serving as a multifunctional event venue, hosting weddings, concerts, nonprofit events, movies, and musical theatre; and
        4. (iv) The theater is located in a city with a population of not less than twenty-six thousand one hundred ninety (26,190) and not more than twenty-six thousand one hundred ninety-nine (26,199), according to the 2010 and any subsequent federal census;
      10. (J) “Community theater” also means a theater possessing each of the following characteristics:
        1. (i) The theater was opened in 1995;
        2. (ii) The theater's performance hall has seating for at least one hundred twenty (120) patrons;
        3. (iii) The theater is used for concerts, plays, and programs of cultural, civic, and educational interest;
        4. (iv) The theater is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater; and
        5. (v) The theater is located in a county having a population not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census;
      11. (K) “Community theater” also means a theater possessing each of the following characteristics:
        1. (i) The theater began operating in 1965;
        2. (ii) The theater is the only major nonprofit professional performing arts resource in rural Tennessee, and one (1) of the ten (10) largest professional theaters in rural America;
        3. (iii) The theater serves more than one hundred forty-five thousand (145,000) visitors annually with two (2) indoor and two (2) outdoor stages;
        4. (iv) The theater provides young audience productions, a comprehensive dance program, a concert series, and touring shows;
        5. (v) The theater was the recipient of the Governor's Arts Award for the state of Tennessee in 1984;
        6. (vi) The theater is operated by a nonprofit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by the nonprofit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater, or on theater property contiguous to an outdoor performance stage; and
        7. (vii) The theater is located in a city having a population of not less than ten thousand seven hundred ninety (10,790) and not more than ten thousand seven hundred ninety-nine (10,799), according to the 2010 federal census or any subsequent federal census;
      12. (L) “Community theater” also means a theater that:
        1. (i) Operates as a community performing arts and civics center in a city with a population of not less than eighteen thousand six hundred fifty (18,650) and not more than eighteen thousand six hundred fifty-nine (18,659), according to the 2010 or any subsequent federal census;
        2. (ii) Was originally built as a school in 1886;
        3. (iii) Contains an auditorium with a full stage, a proscenium arch, and seating for not less than four hundred (400) persons; and
        4. (iv) Contains conference and meeting rooms and a local history museum;
      13. (M) “Community theater” also means a municipally owned facility that:
        1. (i) Is a historic theater located off West Main Street;
        2. (ii) Has an auditorium with not less than three hundred (300) seats;
        3. (iii) Is used for theatrical performances, musical events, storytelling performances, workshops and conferences, and independent films;
        4. (iv) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
        5. (v) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
      14. (N) “Community theater” also means a facility that:
        1. (i) Is leased long-term by a municipality;
        2. (ii) Contains not less than one hundred thirty (130) seats;
        3. (iii) Is governed by a nonprofit board of directors;
        4. (iv) Is operated under the direction of a municipality's staff;
        5. (v) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
        6. (vi) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
      15. (O) “Community theater” also means a facility that:
        1. (i) Was established in 1926;
        2. (ii) Is situated in a historic building of approximately ten thousand five hundred square feet (10,500 sq. ft.);
        3. (iii) Operates a movie theater with a capacity for two hundred (200) patrons that serves as a venue for music, movies, live performances, and similar events;
        4. (iv) Operates a restaurant with a seating capacity for fifty (50) patrons;
        5. (v) Is currently being restored into a community event center; and
        6. (vi) Is located in a county with a population of not less than fifty-six thousand three hundred (56,300) and not more than fifty-six thousand four hundred (56,400), according to the 2020 federal census or a subsequent federal census;
      16. (P) “Community theater” also means a facility that:
        1. (i) Was established in 1999, and is located in a former school building built in 1926;
        2. (ii) Is situated on approximately five (5) acres;
        3. (iii) Consists of approximately twenty thousand square feet (20,000 sq. ft.);
        4. (iv) Provides theater, art, music, pottery, and dance classes;
        5. (v) Serves as a venue for concerts, plays, and recitals;
        6. (vi) Offers its facility for summer camps, community events, holiday celebrations, and community meetings; and
        7. (vii) Is located approximately one and three-tenths (1.3) miles from Signal Point in a municipality with a population of not less than eight thousand eight hundred fifty (8,850) and not more than eight thousand eight hundred fifty-nine (8,559), according to the 2020 federal census or a subsequent federal census;
      17. (Q) “Community theater” also means a facility that:
        1. (1) Is a community theater in a historic building that has been in continuous operation since 2007, and that contains approximately one thousand six hundred square feet (1,600 sq. ft.) and seating for approximately two hundred (200) patrons;
        2. (2) Is situated on approximately twelve one hundredths (.12) of an acre;
        3. (3) Offers concessions to patrons and operates a bar for theater use;
        4. (4) Is a mixed-use facility that serves as an event venue for musicals, performances, weddings, dance recitals, dramas, and live music;
        5. (5) Is a venue for community events, including instruction in art, music, dance, and theatre;
        6. (6) Has located on its 2nd floor this state's oldest opera house, Antoinette Hall, which is under restoration as of May 11, 2023; and
        7. (7) Is located in a municipality with a population of not less than eight thousand three hundred ninety (8,390) and not more than eight thousand three hundred ninety-nine (8,399), according to the 2020 federal census or a subsequent federal census;
      18. (R) “Community theater” also includes a theater that:
        1. (i) Has been in operation for not less than four (4) years;
        2. (ii) Has a single auditorium with seating for approximately seventy-five (75) to one hundred (100) patrons;
        3. (iii) Is located in a building that is over one hundred (100) years old;
        4. (iv) Serves as a venue for concerts, plays, and cultural, civic, and educational programs; and
        5. (v) Is located in a municipality with a population of not less than one hundred ninety thousand seven hundred (190,700) and not more than one hundred ninety thousand eight hundred (190,800), according to the 2020 federal census or a subsequent federal census;
      Backlinks (1)
    15. (15)
      1. (A) “Convention center” means a facility possessing each of the following characteristics:
        1. (i) Owned by the state, municipal and/or county government, or a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, and leased or operated by that government or by a nonprofit charitable corporation established to operate such facility;
        2. (ii) Designed and used for the purposes of holding meetings, conventions, trade shows, classes, dances, banquets and various artistic, musical or other cultural events;
          1. (a) A convention center does not include a building located within one thousand (1,000) yards of both a student museum and a zoological park; provided, that any restaurant, located within a former world's fair site or a zoological park and which meets the requirements of subdivision (31), shall be eligible for licensure under this chapter as long as the requirements of this chapter are otherwise met;
          2. (b) A convention center also does not include a building which is more than twenty (20) years old and is located in any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census;
        3. (iii)
          1. (a) Except as provided for in (15)(A)(iii)(b), which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, has a designated, restricted area outside the seating area of any theater within which area the consumption of such alcoholic beverages shall be permitted. The sale of such alcoholic beverages in such facility is limited to no more than one (1) hour and fifteen (15) minutes prior to a meeting, show, performance, reception, or other similar event, and to no later than thirty (30) minutes after such event; and
          2. (b) In a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, or facility owned by a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, has designated an area within or adjacent to any theatre or meeting space, or adjacent to the facility within which area the consumption of alcoholic beverages shall be permitted. Nothing herein shall restrict the ability of a convention center, as defined herein, from adjusting the designated area within or adjacent to its theatre areas, upon adequate prior notice to the commission;
        4. (iv) Located in a municipality having a population in excess of one hundred fifty thousand (150,000) and in a county having a population in excess of two hundred thousand (200,000), or both, according to the 1980 federal census or any subsequent federal census;
        5. (v) A convention center licensed under this subdivision (15)(A) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of the franchise shall also be considered a convention center under this subdivision (15)(A);
      2. (B) “Convention center” also means a facility meeting the criteria of subdivision (15)(A)(i) and (ii) and located in a premiere resort city as defined by § 67-6-103(a)(3)(B)(i);
      3. (C) “Convention center” also means a facility possessing each of the following characteristics:
        1. (i) Owned by a county public building authority at the time of development;
        2. (ii) Designed and used for the purposes of attracting conventions, business travelers, tourists and other visitors to promote economic development;
        3. (iii) Located at the intersection of Interstate 24 and Highway 41 near mile marker 114;
        4. (iv) Occupies an area of not less than approximately thirteen thousand five hundred square feet (13,500 sq. ft.); and
        5. (v) Includes a full commercial kitchen to provide meals and catering services;
      4. (D) “Convention center” also means a facility possessing each of the following characteristics:
        1. (i) Is owned by a quasi-governmental development agency;
        2. (ii) Is designed and used for the purposes of attracting conventions, business travelers and tourists to the area and is vital in promoting economic development, fostering community activities, providing training and seminar space for business and industries and in encouraging tourism;
        3. (iii) Is available for community, industry and private events;
        4. (iv) Is the only one of its kind in the area;
        5. (v) Has a seating capacity of approximately three hundred (300) and is fully equipped with tables, chairs, linens, dishware and a catering kitchen;
        6. (vi) Occupies an area of approximately eight thousand five hundred square feet (8,500 sq. ft.) on acreage surrounding Tellico Lake; and
        7. (vii) Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census; and
      5. (E) No member or officer, agent or employee of any convention center as defined by this section shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes, malt beverages or any other alcoholic beverage beyond the amount of such salary as may be fixed by its governing body out of the general revenue of the center. All profits from the sale of such alcoholic beverages shall be used for the operation and maintenance of the convention center;
    16. (16) “Country club located on an historic property” means a country club that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:
      1. (A) Sits on real property that was formerly the home of the International Printing Pressmen Union;
      2. (B) Has a dining facility; and
      3. (C) Is located adjacent to an eighteen-hole golf course;
    17. (17)
      1. (A) “Festival operator” means a person licensed under this subdivision (17) who is either a for-profit business operating a festival for a period of up to seven (7) days in length in which alcoholic beverages or beer will be sold, given away, or otherwise dispensed or a third party with whom such for-profit business engages to conduct alcoholic beverage or beer sales during such festival;
      2. (B) The commission shall issue a license to a festival operator upon the payment of a fee of one thousand dollars ($1,000) per day of the festival, and the submission of an application on a form prescribed by the commission that provides proof satisfactory of the following information, to the satisfaction of the commission:
        1. (i) The premises on which alcoholic beverages or beer will be served, sold, dispensed, or consumed is sufficiently designated, enclosed, secured, and maintained;
        2. (ii) Adequate security for the festival is provided;
        3. (iii) The number and location of each point of sale in which alcoholic beverages or beer will be served, sold, dispensed, or consumed is specified. If the operator of any such point of sale, including any person or entity that receives any portion of the proceeds of the sale of alcoholic beverages or beer from that point of sale, is different from the festival operator, the name and relevant information of such other operator must be specified on the application to the commission, and the commission may determine that such other operator is required to obtain an additional festival operator license;
        4. (iv) The staff selling, serving, or dispensing alcoholic beverages or beer are adequately trained and supervised in the service of alcoholic beverages and beer and on the applicable laws regarding such service;
        5. (v) The city or county in which, or the state governmental entity responsible for the property on which, the festival is to be held has approved the festival; and
        6. (vi) If the applicant intends to sell, serve, or dispense beer, the applicant has a beer permit issued in accordance with chapter 5 of this title;
      3. (C) No person licensed under this title, operating in conjunction with a festival operator licensee, or performing any activities for which a license is otherwise required under this title, other than a festival operator or special occasion licensee licensed under this section, may provide any service, item, or other thing of value to a festival operator or with respect to a festival operator's festival, except as may be expressly authorized by the commission. Additionally, no festival operator may receive or accept any item or service that a person under this subdivision (17) is prohibited from providing. All alcoholic beverages used for the festival must be purchased from wholesalers licensed under § 57-3-203. Notwithstanding any law to the contrary, a wholesaler may buy back any unopened and resalable bottles of alcoholic beverages at the end of the festival. A wholesaler shall keep all records, as may be required by the commission, necessary to document the purchase of such products pursuant to this subdivision (17);
      4. (D) All applicable taxes, including the tax levied on the sale of alcoholic beverages for consumption on the premises under § 57-4-301, must be remitted as required by law;
      5. (E) Alcoholic beverages and beer may be sold, given away, dispensed, or consumed only within hours sufficient to ensure adequate public health, safety, and welfare as determined by the commission or local beer board, as applicable;
      6. (F) Notwithstanding any law to the contrary, if the commission finds that any of the requirements of this subdivision (17) have not been, or are not being, met by a festival operator during a festival or after the completion of a festival, or that the festival operator misrepresented information in the person's application, the commission may use the failure or misrepresentation as the basis to summarily suspend the license of the festival operator, to deny any future applications for a festival operator license for a period of up to two (2) years after the festival in which the failure or misrepresentation occurred, or to issue a fine of up to ten thousand dollars ($10,000) per violation, which disciplinary action must be resolved prior to the issuance of any new festival operator license to the festival operator;
    18. (18)
      1. (A) “Food hall” means a public place:
        1. (i) Kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served;
        2. (ii) With adequate and sanitary kitchens, dining room equipment, and a seating capacity of at least one thousand two hundred (1,200) people at tables, counters, and other places for dining;
        3. (iii) Having a sufficient number and kind of persons to prepare, cook, and serve suitable food for guests; and
        4. (iv) Located in a facility or designated area having the following characteristics upon completion of construction:
          1. (a) The facility has at least ninety thousand square feet (90,000 sq. ft.) in a multi-level mixed-used commercial building which includes restaurants, bars, and a rooftop with a live music venue;
          2. (b) The facility includes at least twenty (20) separate points of sale, contiguous or noncontiguous, that regularly prepare and sell food;
          3. (c) The property that houses the facility is across a public street from a live performance venue that was originally constructed in 1892 as a religious facility;
          4. (d) The property that houses the facility is adjacent to a facility originally constructed in 1925 that houses the Grand Lodge of Free and Accepted Masons of Tennessee; and
          5. (e) The facility is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      2. (B) The premises of a food hall means any or all of the property that constitutes the food hall, except any other separately licensed premises that are located in the food hall. The licensee may operate multiple points of sale with different business names within the food hall. The licensee shall designate the premises and each point of sale to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The points of sale may be noncontiguous within the licensed premises. The entire designated premises is covered under one (1) license issued under this subdivision (18). The licensee does not have to prepare or sell food as a condition of the license;
      3. (C) A licensee licensed as a food hall may grant a franchise for the provision of alcoholic beverages to a person that regularly prepares and sells food on the food hall premises. The holder of the franchise is deemed to be a food hall under this subdivision (18), and such franchisee is not required to obtain its own license; provided, that prior notice must be given to the commission, in such manner as may be prescribed by the commission. The licensee shall pay the commission for each franchisee licensed under this subdivision (18) a six hundred twenty-five dollar ($625) annual privilege tax, which may be prorated for the first year based on the renewal date of the licensee;
      4. (D) A restaurant may be located within the premises of a food hall; provided, that the defined premises of such restaurant may be open for public ingress and egress within the premises of the food hall. Such restaurant may store its inventory of beer and alcoholic beverages on the licensed premises of the restaurant or food hall pursuant to subdivision (18)(G);
      5. (E) Each separate operating entity under the food hall license, whether the licensee or a franchisee, is independently liable for violations committed by such operating entity, and a separate operating entity must not be held liable for the actions of another; provided, that the food hall license must not be renewed until all citations are resolved by an applicable operating entity. The commission may suspend or revoke the authority of a franchisee to operate under the food hall license without the operation of any other franchisee or the licensee under the license being affected. Each operating entity shall provide sufficient information to the commission to where the commission is able to determine which operating entity may be liable in the event of a violation;
      6. (F) A licensee licensed under this subdivision (18) may serve wine, high gravity beer, and beer in its original container, and spirit-based beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) and an alcohol content that does not exceed fifteen percent (15%) by volume;
      7. (G) The licensee or any of its franchisees licensed under this subdivision (18) or a restaurant located on the premises of a food hall may store beer and alcoholic beverages in one (1) or more central storage locations in the food hall; provided, that if the restaurant, franchisee, and food hall share the same storage area, the restaurant's inventory of beer and alcoholic beverages must be stored in a separately locked cage or other storage area. Notwithstanding any other provision in this chapter, the licensee, franchisee, or restaurant may transport beer and alcoholic beverages anywhere in the food hall;
      8. (H) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (18) means for beer permitting purposes any or all of the premises that constitutes the food hall, except any other permitted premises located in the food hall. The permittee may operate multiple points of sale with different business names within the facility, which may be contiguous or noncontiguous. The permittee shall designate the points of sale to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title. The permittee may grant a franchise for the sale of beer on its premises, and the holder of the franchise is not required to obtain its own beer permit; provided, that the franchisee's premises qualify as an additional point of sale under this subdivision (18). For enforcement purposes, the local beer board shall treat each point of sale in the facility separately for violations of chapter 5 of this title and local beer ordinances. The local beer board shall not cite a point of sale for violations committed by another point of sale within a common licensed area. There is a rebuttable presumption of liability for a specific point of sale for an underage sale or other violation based on the specific type of container, brand of beer or wine, unlabeled or labeled cup or glassware, or logo on the cup or glassware provided to the person or minor. In the absence of a container, glass, or cup identifying the point of sale, the local beer board may determine which point of sale to cite for an underage sale or other violation. If the local beer board is unable to determine the violator after conducting a reasonable investigation, the local beer board may issue a citation to one (1) or more points of sale that share the common licensed area where the violation occurred;
      9. (I) A licensee and franchisee licensed under this subdivision (18) may sell and distribute wine in an unsealed container for consumption on the licensed premises;
      10. (J) The facility, landlord, tenant, or a licensee located in a food hall shall provide periodic security throughout the entire licensed premises; and
      11. (K) A food hall licensee does not have to use labeled cups and glassware, but a franchise authorized under subdivision (18)(C) and a separately licensed restaurant under subdivision (18)(D) must serve alcoholic beverages and beer in compliance with the requirements of § 57-4-101(p); provided, that a sticker identifying the franchisee or licensee, which is reasonably designed to stay affixed to a container, must comply with § 57-4-101(p);
    19. (19)
      1. (A) “Historic inn” means a historic building that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:
        1. (i) Was built in 1824 and was formerly the oldest continuously operating inn in Tennessee;
        2. (ii) Was once visited by United States Presidents Andrew Jackson, Andrew Johnson and James K. Polk, all of whom stayed and dined there; and
        3. (iii) Has a dining facility and a total of nine (9) rooms and suites;
      2. (B) “Historic inn” also means a country inn that is located in any county having a population of not less than seventy-one thousand one hundred (71,100) nor more than seventy-one thousand two hundred (71,200), according to the 2000 federal census or any subsequent federal census, and has the following characteristics:
        1. (i) Has been in operation since 1938;
        2. (ii) Is located within one-half (½) mile of the Great Smoky Mountains National Park;
        3. (iii) Has a total of twenty-four (24) guest rooms and a dining facility offering fine dining to guests and other patrons with a seating capacity of no more than sixty (60); and
        4. (iv) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
      3. (C) “Historic inn” also means an inn that has all of the following characteristics:
        1. (i) Contains at least ten (10) transient guest rooms in the main house;
        2. (ii) Has a separate meeting lodge and facility that also houses at least four (4) transient suites;
        3. (iii) Has at least two (2) kitchens on the premises and offers at least two (2) meals daily;
        4. (iv) Has an open-air, outdoor, sylvan chapel suitable for the accommodation of wedding ceremonies;
        5. (v) Provides entertainment in the form of cooking demonstrations, storytelling and dulcimer playing;
        6. (vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry;
        7. (vii) Is located in any county having a population of not less than one hundred five thousand eight hundred (105,800) nor more than one hundred five thousand nine hundred (105,900), according to the 2000 federal census or any subsequent federal census; and
        8. (viii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
    20. (20)
      1. (A) “Historic interpretive center” means a facility possessing each of the following characteristics:
        1. (i) The center is located in an historic area of town where structures listed on the national register of historic places are located;
        2. (ii) The center operates as a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic interpretive center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of the assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic interpretive center, and in furtherance of the purposes of the organization. Alcoholic beverages may be consumed inside the center at locations designated by the board of the not-for-profit corporation;
        3. (iii) The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, musical concerts, films, receptions, exhibitions, seminars or meetings; and
        4. (iv) The center is located in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
      2. (B) “Historic interpretive center” also means a commercially operated facility owned by a not-for-profit organization possessing each of the following characteristics:
        1. (i) Is located on the Cumberland Plateau, within one (1) mile of a national river and recreation area;
        2. (ii) Offers historic interpretation of Victorian-era British architecture, lifestyle, and settlement on the Cumberland Plateau in the 1880s and thereafter;
        3. (iii) Operates public education programs in multiple historic buildings built from 1880 to 1884, including the oldest unchanged and preserved public library in America;
        4. (iv) Preserves the historic character of a British settlement on the Cumberland Plateau in the 1880s through a board of directors engaged in land acquisition and management, design review of new construction and renovation, and the public enjoyment of period crafts, music, and folklife through the organization of festivals, support for local artists through the sale of arts and crafts in a commissary;
        5. (v) Owns, sells, and develops home sites for construction of design-approved homes;
        6. (vi) Offers overnight accommodations to visitors in historic inn and cottage settings;
        7. (vii) Operates a restaurant serving breakfast, lunch, and dinner to visitors, community residents, guests, and members of the public;
        8. (viii) Attracts thousands of visitors annually from around the world;
        9. (ix) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        10. (x) Is located within any county having a population of not less than nineteen thousand five hundred (19,500) nor more than nineteen thousand seven hundred seventy five (19,775), according to the 2000 federal census or any subsequent federal census;
      3. (C) “Historic interpretive center” also means a facility possessing each of the following characteristics:
        1. (i) Was founded in 1983;
        2. (ii) Is located on Martin Luther King Boulevard;
        3. (iii) Provides programs of historical, cultural, civic, and educational interest, including, but not limited to, art exhibitions and musical concerts;
        4. (iv) Is owned by a municipal or county government;
        5. (v) Alcoholic beverages shall only be sold at the center before or during performances; and
        6. (vi) Is located in any county having a population of not less than three hundred thirty-six thousand four hundred (336,400) nor more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census;
      4. (D) “Historic interpretive center” also means a facility that:
        1. (i) Is owned by a municipality;
        2. (ii) Is leased to an international storytelling center that is registered as a nonprofit 501(c)(3) organization;
        3. (iii) Has a theater that contains not less than ninety (90) seats;
        4. (iv) Contains two (2) rooms with not less than one hundred (100) seats in each room;
        5. (v) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
        6. (vi) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
    21. (21) “Historic mansion house site” means the buildings and grounds of a historic mansion house, located in any county having a metropolitan form of government, included in the Tennessee register of historic places, and operated by the Association for the Preservation of Tennessee Antiquities, and including Association for the Preservation of Tennessee Antiquities sites owned by this state. “Historic mansion house site” also means the buildings and grounds of an historic mansion house located in any county having a metropolitan form of government which has been conveyed by this state in trust to a board of trustees created and appointed in accordance with §§ 4-13-103 and 4-13-104, and for admission to which reasonable fees are charged as provided in § 4-13-105. This subdivision (21) shall apply only to counties having a population of four hundred fifty thousand (450,000) or greater, according to the 1980 federal census or any subsequent census;
    22. (22)
      1. (A) “Historic performing arts center” means a facility possessing each of the following characteristics:
        1. (i) The center is located in a restored theater that is at least fifty (50) years old and listed on the national register of historic places;
        2. (ii) The center is operated by a for-profit corporation, or not-for-profit corporation which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic performing arts center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic performing arts center, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the center;
        3. (iii) The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars or meetings; and
        4. (iv) The center is located in any county having a population of:
          3. 143,900144,000
          4. 300,000400,000
          5. 700,000
        5. according to the 1980 federal census or any subsequent federal census;
      2. (B) “Historic performing arts center” also means a facility possessing each of the following characteristics:
        1. (i) The center is located in a restored theater or music hall that is at least fifty (50) years old and listed on the national register of historic places;
        2. (ii) The center is operated by a for-profit organization, or a not-for-profit organization that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, and where no member, officer, agent or employee of the not-for-profit organization receives any incentive compensation relating directly to the sale of alcoholic beverages beyond the amount of such salary and other compensation as may be fixed by the not-for-profit organization's governing body for the reasonable performance of such member's, officer's, agent's or employee's assigned duties. A portion of the profits from the sale of alcoholic beverages at the center shall be used for the operation, renovation, refurbishing or general maintenance of the center. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (22)(B). Alcoholic beverages and beer may be stored, sold, and consumed in any interior area on the premises, and in any contiguous or non-contiguous exterior area on the premises designated by temporary or permanent barriers and signage. The licensee must adhere to the following license fee schedule relative to on-premise consumption of alcoholic beverages:
          1. (a) The licensee must pay the appropriate license fee assessed for historic performing arts centers under § 57-4-301(b)(1)(D); and
          2. (b) The premises of a facility licensed under this subdivision (22)(B) that maintains a restaurant that is physically separate from the music hall, with its own kitchen, menu of prepared food, and patron seating, must also pay the appropriate restaurant license fee pursuant to § 57-4-301(b)(1)(R) to serve alcoholic beverages; provided, however, that such facility applying for a renewal of its license under this subdivision (22)(B) must pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from prepared food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages;
        3. (iii) The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars or meetings;
        4. (iv) The center is located in any county having a population in excess of five hundred thousand (500,000), which has a metropolitan form of government;
        5. (v) The center was originally constructed in 1892 as a religious facility;
        6. (vi) The center is approximately one thousand two hundred fifty feet (1,250′) southwest of a public park that is adjacent to a navigable waterway; and
        7. (vii) The center is approximately seven hundred twenty-five feet (725′) northwest of a public park that contains a walkway recognizing professionals in the music industry;
      3. (C) “Historic performing arts center” also means a facility possessing each of the following characteristics:
        1. (i) Was opened in 1921;
        2. (ii) Is on the national register of historic places;
        3. (iii) Is located on Broad Street;
        4. (iv) Provides programs of cultural, civic, and educational interest, including, but not limited to, operas and musical concerts;
        5. (v) Is owned by a municipal or county government, or nonprofit, tax exempt, charitable organization. Alcoholic beverages shall only be sold at the center before, during or after performances; and
        6. (vi) Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
      4. (D) “Historic performing arts center” also means a facility possessing each of the following characteristics:
        1. (i) Was opened in 1924;
        2. (ii) Was originally designed as a municipal auditorium and all-purpose exhibition hall;
        3. (iii) Is located on McCallie Avenue;
        4. (iv) Is owned by a municipal or county government, or nonprofit, tax exempt, charitable organization. Alcoholic beverages shall only be sold at the center before, during or after performances;
        5. (v) Provides programs of cultural, civic, and educational interest, including, but not limited to, stage plays and musical concerts; and
        6. (vi) Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
      5. (E) “Historic performing arts center” also means a facility possessing each of the following characteristics:
        1. (i) Is on the national register of historic places;
        2. (ii) Was built in 1937;
        3. (iii) Is located on Main Street;
        4. (iv) Is an entertainment venue for live performances, movies and other events. Alcoholic beverages shall only be sold at the center before, during or after the performances, movies or other events; and
        5. (v) Is located in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
      6. (F) “Historic performing arts center” also means a facility possessing each of the following characteristics:
        1. (i) Was built in 1931;
        2. (ii) Is on the national register of historic places;
        3. (iii) Is maintained by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended;
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        4. (iv) Has an auditorium that seats more than seven hundred fifty (750) people;
        5. (v) Provides programs of cultural, civic, and educational interest, including, but not limited to, stage plays and musical concerts; and
        6. (vi) Is located in any county having a population of not less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent federal census;
      7. (G) “Historic performing arts center” also means a facility possessing each of the following characteristics:
        1. (i) The center:
          1. (a) Is located adjacent to a restored theater that is at least fifty (50) years old and listed on the national register of historic places; and
          2. (b) Shares a plaza with such restored theater;
        2. (ii) The center is operated by a for-profit corporation, or not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic performing arts center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic performing arts center, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the center. Alcoholic beverages may be sold before, during, and after events or during intermissions in such events;
        3. (iii) The center provides facilities for programs of cultural, civic, and educational interest to further the mission of the for-profit or not-for-profit corporation, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars, or meetings; and
        4. (iv) The center is located in a county having a population of more than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;
      8. (H)
        1. (i) “Historic performing arts center” also means a facility that:
          1. (a) Is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the center is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the center, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances and events, and may be consumed inside any auditorium or performance hall within the center;
          2. (b) Executes contracts with professional actors for performances;
          3. (c) Hosts a film series of classic films and new releases;
          4. (d) Operates a school of the arts educational program;
          5. (e) Rents out the facilities to third parties as a venue for performing arts, civic and cultural groups, weddings, and similar events; and
          6. (f) Is located in a city with a population of not less than one hundred thirty-two thousand nine hundred twenty (132,920) and not more than one hundred thirty-two thousand nine hundred twenty-nine (132,929), according to the 2010 or any subsequent federal census;
        2. (ii) The premises of a center licensed under this subdivision (22)(H) means any or all of the property that constitutes the center. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing, including for purposes of relocating the center to a new facility. The designated premises may only include property owned or leased by the center and that is contiguous to the property of the center that is defined in this subdivision (22)(H). The entire designated premises is covered under one (1) license issued under this subdivision (22)(H); and
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a center licensed under this subdivision (22)(H) means, for beer permitting purposes, any or all of the property that constitutes the center. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing, including for purposes of relocating the center to a new facility. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
      9. (I) “Historic performing arts center” also means a facility that:
        1. (i) Is owned and operated by a municipality;
        2. (ii) Serves as a comprehensive art center with classes, art shows, and performances;
        3. (iii) Seats not less than two hundred (200) persons on a flat floor;
        4. (iv) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
        5. (v) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
      10. (J) “Historic performing arts center” also means a facility that:
        1. (i) Is owned by a municipality;
        2. (ii) Has an auditorium that contains not less than two hundred fifty (250) seats;
        3. (iii) Serves as an information source for visitors;
        4. (iv) Is located in the municipality's historic district;
        5. (v) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
        6. (vi) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
    23. (23)
      1. (A) “Hotel” (Motel) means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential, in which twenty (20) or more rooms are used for the sleeping accommodations of such guests and having one (1) or more public dining rooms, with adequate and sanitary kitchen and a seating capacity of at least fifty (50) at tables, where meals are regularly served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out herein for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of a restaurant on their premises and the holder of such franchise shall be included in the definition of “hotel” hereunder; and property contiguous to a hotel, except property located in any county having a population of not less than seventy-seven thousand seven hundred fifty (77,750) nor more than seventy-seven thousand seven hundred ninety (77,790), according to the 1980 federal census or any subsequent federal census, which is owned by the same entity as the hotel and operated by the same entity as the hotel, which property either serves travelers and guests other than as a separate commercial establishment or is operated as a major entertainment complex serving in excess of one million (1,000,000) persons per year;
      2. (B) “Hotel” also means and includes all entities previously described wherein sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which thirty (30) or more suites are used for sleeping accommodations of such guests and having eating facilities in each room for four (4) or more persons with an adequate and sanitary central kitchen from which meals are regularly prepared and served to guests in such suites. For the purpose of this section, “suite” is defined as a guest facility within a hotel where living, sleeping and dining are regularly provided for such guests within the individual units provided for guests. No such hotel or suite as defined in this subdivision (23)(B) shall be authorized to charge for, inhibit or otherwise interfere in any way with the rights of its guests or tenants to carry into rooms or suites rented by them their own bottles, packages or other containers of alcoholic beverages and/or to use or serve them to themselves, their own visitors or guests within the individual units rented or leased by them;
      3. (C) “Hotel” also includes facilities owned and operated by an individual or event-management organization which plans and coordinates all phases of any function for retreats by groups of persons having similar backgrounds or purposes, and which offers meeting and banquet facilities, dining services, recreation and leisure activities in facilities which include a dining inn with seating capacity of three hundred (300), and a complex which includes meeting and banquet facilities with a seating capacity of two hundred (200), overnight accommodations for at least forty (40), and a fifty (50) acre tract of land with picnic accommodations for at least four thousand (4,000), and a facility with seating capacity of four hundred (400). The scope of any license authorized by this subdivision (23)(C) includes picnic service on the grounds of the complex owned and operated by the licensee;
      4. (D) “Hotel” also includes a residence hotel located in the central business district of any municipality having a population of more than three hundred thousand (300,000), according to the 1990 federal census or any subsequent federal census and having a common smoking room and lobby area;
      5. (E)
        1. (i) “Hotel” also includes a bed and breakfast establishment as defined in § 68-14-502, where meals are regularly served to guests and where sleeping accommodations and dining facilities being conducted in the same buildings or structures used in connection therewith are on the same premises and are part of the hotel operation. The premises upon which such establishment is located shall be within the boundaries of a clearly defined arts district which is owned and operated by the same entity and having a common courtyard which is contiguous to all buildings and structures on the premises. The dining facilities, including beverages, may be served from an adequate and sanitary central kitchen and storage facility;
        2. (ii) This subdivision (23)(E) applies in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census;
      6. (F)
        1. (i) “Hotel” also includes a bed and breakfast establishment as defined in § 68-14-502, where meals are regularly served to guests and where sleeping accommodations and dining facilities being conducted in the same buildings or structures used in connection therewith are on the same premises and are part of the hotel operation. In such establishment there must be two (2) rooms for sleeping accommodations and a seating capacity of twenty-five (25) people at tables. The premises upon which such establishment is located shall have a business conference center;
        2. (ii) Subdivision (22)(F)(i) applies in any county having a population of not less than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census;
        3. (iii) “Hotel” also includes a facility located in a county which contains a population of not less than eighty-five thousand nine hundred (85,900) nor more than eighty-six thousand one hundred sixty (86,160), according to the 1990 federal census or any subsequent census, which facility contains the following characteristics:
          1. (a) Contains at least forty (40) rooms for guest sleeping accommodations offered for adequate pay to travelers and guests;
          2. (b) Contains at least three (3) separate dining rooms with adequate sanitary kitchen facilities, either common or separate, where meals are regularly served to guests;
          3. (c) Is located on real property of at least one thousand fifty (1,050) acres, notwithstanding that such real property is not contiguous and may be divided by a public or private road;
          4. (d) Contains a swimming pool, hiking trails, and biking trails for use by registered guests;
          5. (e) Has access to the Double Branch Creek and tributaries, notwithstanding that such creek and tributaries are not contiguous and may be divided by a public or private road;
          6. (f) Has at least two thousand seven hundred sixteen (2,716) acres of land that has been placed in conservation easement;
          7. (g) Provides a full service spa for use by registered guests of the facility;
          8. (h) Any such hotel whose facilities are located on the premises of an area meeting the definition of a hotel under this subdivision (23)(F)(iii) may exercise the privileges authorized under this chapter anywhere within that area, and, in addition, may exercise the privilege authorized under this chapter on any location identified to the commission and held out to the public as part of such hotel property irrespective of the actual owner of the location, where the hotel is authorized by written contract or lease to provide hotel or resort services by the owner of such location;
          9. (i) Notwithstanding this title or any rule to the contrary, a hotel under this subdivision (23)(F)(iii) shall be able to:
            1. (1) Hold a manufacturer's license under § 57-3-202 or a nonmanufacturer nonresident seller's permit under § 57-3-602(c) or both, and such license or permit may be for facilities on or off the hotel premises;
            2. (2) Offer tastings, with or without charge, and sell sealed bottles in a tasting room or a gift shop on the hotel premises of product manufactured pursuant to the license or permit in subdivision (23)(F)(iii)(i)(1), as long as such tastings and sealed bottles are offered only to guests of the hotel, as defined in this section, and private owners of homes on the hotel property and are not offered anywhere except in the tasting room and the gift shops;
            3. (3) Sell beer and alcoholic beverages by the drink for on-premises consumption anywhere on the hotel premises, except for the tasting room and the gift shops; and
            4. (4) Only sell at retail or provide samples of product that it has obtained from a wholesaler licensed under § 57-3-203, and such wholesaler shall remit all taxes imposed under §§ 57-3-302 and 57-3-501, which shall be collected from the hotel based upon its retail sales, and § 57-6-201. For products acquired from a wholesaler by a hotel under this subdivision (23)(F)(iii) that are manufactured by the hotel, the wholesaler may permit the hotel to deliver its products to the location on its premises where such retail sales and samples will be effected, provided the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections; and
          10. (j) A hotel under this subdivision (23)(F)(iii) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
      7. (G)
        1. (i) “Hotel” also includes a facility that possesses the following characteristics:
          1. (a) Was built in 1917;
          2. (b) Is listed on the National Register of Historic Places;
          3. (c) Has at least twelve (12) rooms for guest sleeping accommodations with at least one (1) room being handicap accessible;
          4. (d) Has a dining area that seats at least one hundred sixty (160) people;
          5. (e) Has a music and entertainment venue that is at least two thousand nine hundred square feet (2,900 sq. ft.);
          6. (f) Has a two-acre meadow suitable for wedding ceremonies and other events; and
          7. (g) Is located in any county having a population of not less than thirty-seven thousand five hundred (37,500) nor more than thirty-seven thousand six hundred (37,600), according to the 2000 federal census or any subsequent federal census.
        2. (ii) A hotel under this subdivision (23)(G) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
      8. (H)
        1. (i) “Hotel” also means a facility that possesses all of the following characteristics:
          1. (a) Offers to the public:
            1. (1) At least thirty (30) rooms for the sleeping accommodations of guests for adequate pay; and
            2. (2) A dining room;
          2. (b) Is owned by and located on the campus of a private institution of higher education located on at least ten thousand (10,000) acres; and
          3. (c) Is located in any county having a population of not less than thirty-nine thousand two hundred (39,200) nor more than thirty-nine thousand three hundred (39,300), according to the 2000 federal census or any subsequent federal census;
        2. (ii) A hotel under this subdivision (23)(H) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
      9. (I)
        1. (i) “Hotel” also includes a facility that possesses the following characteristics:
          1. (a) Is located in a building on which construction began prior to 1940;
          2. (b) Is located approximately twenty-two (22) miles south of Interstate 40 on U.S. Highway 412;
          3. (c) Is fronted on the north side by U.S. Highway 412 and is less than one (1) mile from a scenic river as defined in title 11, chapter 13;
          4. (d) Has at least twelve (12) rooms for guest sleeping accommodations;
          5. (e) Has a separate room for conferences or meetings;
          6. (f) Has at least a forty-seat dining area that has been approved by the local health department and that serves meals at least four (4) days a week, with exceptions of closures for private groups or events, seasonal closures, vacations, and periods of general maintenance or remodeling by the owners;
          7. (g) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
          8. (h) Is located in any county having a population of not less than seven thousand nine hundred one (7,901) nor more than eight thousand (8,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) A hotel under this subdivision (23)(I) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
    24. (24) “Limited service restaurant” means a facility possessing each of the following characteristics:
      1. (A) Is a public place which has a seating capacity for at least forty (40) patrons and that is kept, used, maintained, advertised and held out to the public as a place where during regular hours of operation:
        1. (i) Alcoholic beverages, beer or wine are served to patrons;
        2. (ii) A menu of prepared food is made available to patrons;
        3. (iii) The gross revenue from the sale of prepared food is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages; provided, however, that gross revenue of more than fifty percent (50%) from the sale of prepared food shall not prevent a facility from receiving a “limited service restaurant” license or subject such facility to a fine from the commission for having gross revenue of more than fifty percent (50%) from the sale of prepared food. For purposes of determining the gross revenue from the sale of prepared food, chips, popcorn, pretzels, peanuts and similar snack items shall not be included in gross revenue from the sale of prepared food sold;
        4. (iv) The facility affirmatively establishes, to the satisfaction of the commission, that it has complied and will comply with the requirements of § 57-4-204;
        5. (v) The facility provides adequate security during the regular hours of operation; and
        6. (vi) Sleeping accommodations are not provided;
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      2. (B) Is located within the jurisdictional boundaries of a political subdivision which has authorized the sale of alcoholic beverages for consumption on the premises as provided in § 57-4-103; and
      3. (C) Is located in an area which is properly zoned for facilities authorized to sell alcoholic beverages for consumption on the premises;
    25. (25)
      1. (A) “Motor speedway” means a motor sports facility that possesses the following characteristics:
        1. (i) Is located in a county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census, and at least one (1) municipality located in such county has adopted liquor by the drink;
        2. (ii) Contains a 1.33 mile superspeedway;
        3. (iii) Is situated on a site of at least five hundred (500) acres; and
        4. (iv) Has a seating capacity of fifty thousand (50,000) with the capability to expand to one hundred fifty thousand (150,000) grandstand seats and one hundred (100) luxury skyboxes;
      2. (B) “Motor speedway” also means a motor sports facility that possesses the following characteristics:
        1. (i) Is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
        2. (ii) Contains a three-quarter-mile oval track with a seating capacity of sixteen thousand (16,000) seats; and
        3. (iii) Contains a one-quarter-mile drag strip with a seating capacity of fifteen thousand (15,000) seats;
    26. (26)
      1. (A) “Museum” means a building or institution serving as a repository of natural, scientific or literary curiosities or works of art for public display and further possesses the following characteristics:
        1. (i) The museum is at least fifty (50) years old; and
        2. (ii) The museum is located in a county having a population in excess of eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
      2. (B) “Museum” also means an “art museum” which is a building or institution serving as a repository of works of art for public display and further possesses the following characteristics:
        1. (i) The art museum is owned and operated by a bona fide charitable or nonprofit organization which has been in existence for at least twenty-five (25) years;
        2. (ii) The art museum is located in a building which contains not less than fifty thousand square feet (50,000 sq. ft.); and
        3. (iii) The art museum is located in a former world's fair site;
      3. (C) “Museum” also means a building or institution serving as a repository or exhibition facility for works of art for public display and further possesses the following characteristics:
        1. (i) The museum is owned and operated by a bona fide charitable or nonprofit organization;
        2. (ii) The museum is located in a building which contains not less than one hundred thousand square feet (100,000 sq. ft.);
        3. (iii) The museum is located in a building that previously served as a United States postal service facility; and
        4. (iv) The museum is located in a municipality or county having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
      4. (D) “Museum” also means a building or institution serving as a tribute to soul music and which houses a music academy and further possesses the following characteristics:
        1. (i) The museum and music academy is located on the original site of a recording studio; and
        2. (ii) The museum and music academy is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
      5. (E) “Museum” also means an “art museum” which is a building or institution serving as a repository of works of art for public display and further possesses the following characteristics:
        1. (i) The art museum is owned and operated by a bona fide charitable or nonprofit organization;
        2. (ii) The museum has been in existence for at least fifty (50) years;
        3. (iii) The museum focuses on American art from the colonial period to the present day;
        4. (iv) The museum is located in a historical mansion and a sleek contemporary building on the bluffs overlooking the Tennessee River;
        5. (v) The museum does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        6. (vi) The museum is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
      6. (F) “Museum” also means a building or institution dedicated to the public display, preservation, and promotion of fine metalwork and further possesses the following characteristics:
        1. (i) The museum opened to the public in 1979;
        2. (ii) The museum is located on at least three (3) acres overlooking the Mississippi River;
        3. (iii) The museum features a fully operational blacksmith shop and sand-casting foundry;
        4. (iv) The museum is owned and operated by a bona fide charitable or nonprofit organization; and
        5. (v) The museum is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
      7. (G) Means an institution:
        1. (i) Dedicated to the life, achievements, and music of Glen Campbell;
        2. (ii) That contains a production space and live event venue with a capacity of approximately one hundred eighty (180) patrons; a seating maximum of approximately one hundred (100) persons; a built-in sing-a-long booth; and a state-of-the-art lighting and sound system;
        3. (iii) That contains a rooftop entertainment venue;
        4. (iv) That contains customizable LED boards that are visible from the exterior of the building;
        5. (v) That hosts private events and tours; and
        6. (vi) That is located in a county with a metropolitan form of government and a population of more than five hundred thousand (500,000), according to the 2010 or any subsequent federal census;
    27. (27)
      1. (A) “Paddlewheel steamboat company” means a company that operates one (1) or more paddlewheel steamboats for hire in interstate commerce upon navigable waterways and is licensed by the United States coast guard to carry not less than one hundred (100) passengers on a single vessel, with adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state; provided, however, that no paddlewheel steamboat company licensed pursuant to this chapter shall sell any type of alcoholic beverage or beer while such paddlewheel steamboat is docked within the boundaries of any local government which has not approved the sale of alcoholic beverages pursuant to § 57-4-103;
      2. (B)
        1. (i) “Paddlewheel steamboat company” includes a paddlewheel steamboat company that possesses the following characteristics:
          1. (a) Has its principal dock located on the Cumberland River at Pennington Bend;
          2. (b) Is approximately two thousand five hundred feet (2,500′) southwest of a resort and convention center, which has indoor gardens, an indoor/outdoor water attraction, at least two thousand eight hundred (2,800) rooms, and six hundred forty thousand square feet (640,000′) of meeting space; and
          3. (c) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any paddlewheel steamboat company licensed under this subdivision (27)(B) means any or all of the paddlewheel steamboat and the property at its principal dock. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (27)(B);
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(B) means, for beer permitting purposes, any or all of the paddlewheel steamboat and the property at its principal dock. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        4. (iv) Any facility licensed under this subdivision (27)(B) may seek an additional license as a caterer under subdivision (6);
        5. (v) Any facility licensed under this subdivision (27)(B) may hold any of the licenses authorized under this subdivision (27)(B) and may grant a franchise to one (1) or more entities for any or all such licenses;
    28. (28) “Passenger train” includes any passenger train operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular or special schedules, or charter trips, while moving through any county of the state, but not while any such passenger train is stopped in a county or municipality that has not legalized such sales;
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    29. (29) A “premier type tourist resort” means:
      1. (A)
        1. (i) A commercially operated facility that:
          1. (a) Was established in 1962;
          2. (b) Is located on approximately one (1) or more acres contiguous to Gatlinburg Parkway that connects by way of a tramway to approximately one hundred fifty (150) or more acres;
          3. (c) Operates a ski lodge, tramway over two (2) miles long, and tramway mall with over two hundred thousand square feet (200,000 sq. ft.);
          4. (d) Operates multiple restaurants with seating for at least two hundred fifty (250) patrons;
          5. (e) Maintains at least one (1) of the following types of sporting facilities for at least a portion of the year:
            1. (1) Ten (10) or more ski runs;
            2. (2) An ice skating rink; or
            3. (3) An area for snow tubing;
          6. (f) Operates a scenic chair lift to the top of Mount Harrison;
          7. (g) Serves as an event venue for concerts, conferences, weddings, receptions, and similar events; and
          8. (h) Is located in a city with a population of not less than three thousand five hundred seventy (3,570) and not more than three thousand five hundred seventy-nine (3,579), according to the 2020 or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(A) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may include property owned or leased by the facility and property that is contiguous to the property of the facility that is defined in this subdivision (29)(A). The entire designated premises is covered under one (1) license issued under this subdivision (29)(A);
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(A) means, for beer permitting purposes, any or all of the property that constitutes the facility as designated in subdivision (29)(A)(ii). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        4. (iv) A facility licensed under this subdivision (29)(A) may obtain a license as a caterer under subdivision (6);
        5. (v) A facility licensed under this subdivision (29)(A) may hold any of the licenses authorized under this subdivision (29)(A) and may grant a franchise right to one (1) or more entities for all such licenses; and
        6. (vi) A facility licensed under this subdivision (29)(A) may deliver alcoholic beverages to any area within the licensed premises of the facility;
      2. (B) A hotel, motel or restaurant located within a municipality having a population of one thousand (1,000) or more persons, according to the federal census of 1970 or any subsequent federal census in which at least fifty percent (50%) of the assessed valuation (as shown by the tax assessment rolls or books of the municipality) of the real estate in the municipality consists of hotels, motels, and tourist courts accommodations, providing the voters of the municipality have heretofore by referendum pursuant to § 57-4-103, approved the sale of alcoholic beverages for consumption on the premises, and such referendum shall be authorized, notwithstanding the population requirements set forth in § 57-3-106. For purposes of implementation of this subdivision (29)(B), the sale of alcoholic beverages shall be limited to hotels, restaurants, and clubs as defined in this section. To ensure proper control and development of the tourist industry of such municipality, any applicant for a license under this subdivision (29)(B) shall first obtain approval from a majority of the legislative body of the municipality, which may adopt rules and regulations governing its procedure and setting forth limitations and restrictions including, but not limited to, the number and location of licensed establishments and requiring approval by the legislative body as to the good moral character of each applicant for a license;
      3. (C)
        1. (i) A commercially operated recreational facility containing all of the following characteristics:
          1. (a) Ownership and operation by a profit type corporation or partnership;
          2. (b) Situated in a geographical area controlled by the operator of the facility, having not less than two thousand five hundred (2,500) acres of land;
          3. (c) Continuous maintenance of lodging accommodations consisting of not less than one hundred (100) hotel or motel rooms in a building or buildings designed for such purpose;
          4. (d) The maintenance of a ski slope with necessary lifts or tows for use during skiing season;
          5. (e) Continuous maintenance of restaurant facilities for seating at tables of not less than two hundred (200) persons, with adequate kitchen facilities; and
          6. (f) Located within a municipality with a population of not less than one thousand fifty (1,050) nor more than one thousand seventy-five (1,075), according to the 1980 or any subsequent census;
        2. (ii) To ensure proper control and development of the tourist industry of such municipality, any applicant for a license under this subdivision (29)(C) shall first obtain approval from a majority of the legislative body of the municipality, which may adopt rules and regulations governing its procedure and setting forth limitations and restrictions including, but not limited to, the number and location of licensed establishments and requiring approval by the legislative body as to the good moral character of each applicant for a license;
      4. (D) A commercially operated facility possessing each of the following characteristics:
        1. (i) Situated in a geographical area controlled by the operator of the facility, having not less than one hundred seventy-nine (179) acres of land;
        2. (ii) A public golf course of at least eighteen (18) holes with a practice green and irrigation system;
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        3. (iii) Such facility has a club house with at least five thousand square feet (5,000 sq. ft.) that can accommodate up to two hundred fifty (250) guests for events;
        4. (iv) Has separate meeting rooms for multiple events;
        5. (v) Has a cart barn on the property that holds no less than sixty (60) golf carts;
        6. (vi) Such facility has a maintenance shop with at least seven thousand square feet (7,000 sq. ft.);
        7. (vii) Is located inside of:
          1. (a) A black bear habitat community; and
          2. (b) A conservation community;
        8. (viii) Surrounded by over one hundred (100) rental cabins;
        9. (ix) At least fifty percent (50%) of the property boundaries border a national park;
        10. (x) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        11. (xi) Is located in any county having a population of not less than one hundred twenty-three thousand one (123,001) nor more than one hundred twenty-three thousand one hundred (123,100), according to the 2010 federal census or any subsequent federal census;
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      5. (E) A commercially operated recreational facility containing all of the following characteristics:
        1. (i) Ownership and operation by a for-profit corporation or partnership;
        2. (ii) Located in a geographic area managed by the operator of the facility, containing a minimum area of one hundred fifty (150) contiguous acres;
        3. (iii) Continuous maintenance of lodging accommodations of not less than fifty (50) rooms available for guests, tourists or for business meetings located in a building or buildings designed for accommodations or business meetings;
        4. (iv) Maintenance of lakeside marina facilities, a golf course of not less than eighteen (18) holes, and riding trails and stables on the premises;
        5. (v) Located within a municipality with a population of not less than six thousand three hundred seventy-five (6,375) nor more than six thousand four hundred (6,400), according to the 1980 or any subsequent federal census; and
        6. (vi) Whose manager shall have been specifically approved by a majority of the legislative body of the municipality in which such licensee is located as being an individual of good moral character;
      6. (F) A facility, whether open to the public or limited to members and guests of the development on which it is located, owned or operated, pursuant to a license by a homeowners or residential association, which facility is kept, used and maintained as a place where meals are served and where meals are actually and regularly served, with adequate and sanitary kitchen facilities and which facility meets all of the following characteristics:
        1. (i) The facility must be located in a county having a population of not less than forty-seven thousand (47,000) nor more than forty-seven thousand five hundred (47,500), according to the 1990 federal census or any subsequent federal census;
        2. (ii) The facility must be located on the premises of a planned, gated residential development of at least eighty (80) acres with at least nine thousand (9,000) lineal feet of water frontage on an established and designated navigable waterway; and
        3. (iii) The facility must be located within the limits of a development which contains a marina and tennis court facilities;
      7. (G) A club, either for profit or not for profit, which has been in existence for two (2) consecutive years during which time it has maintained a membership of at least three thousand (3,000) members and which maintains club facilities on or adjacent to property offering recreational services available to its members, which services shall include one (1) or more of the following:
        1. (i) Golf course with at least eighteen (18) holes;
        2. (ii) Tennis courts;
        3. (iii) Marina facilities with a minimum of four hundred (400) slips.
        4. Any such club whose club facilities are located on the premises of an area meeting the definition of a “premier type tourist resort” under this section may exercise its privileges authorized under this chapter anywhere within such area;
      8. (H) A commercially operated recreational facility, whether open to the public or limited to members and guests of an association or of the development on which it is located, owned and operated by an association or corporation and in connection with an eighteen-hole golf course, which facility is kept, used and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all of the following characteristics:
        1. (i) The facility must be located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand seven hundred sixty (34,760), according to the 1990 federal census or any subsequent federal census;
        2. (ii) The facility must be located in a development containing no less than four hundred twenty (420) acres and no more than four hundred fifty (450) acres;
        3. (iii) The facility must be located within limits of a development which contains an eighteen-hole golf course;
        4. (iv) The facility must have no less than five thousand enclosed square feet (5,000 sq. ft.);
        5. (v) The facility must be located no less than one-half (½) mile from the right-of-way of an interstate highway; and
        6. (vi) The facility must be located within the limits of a development which contains a lake of not less than twenty-eight (28) acres which is entirely within the limits of the development;
      9. (I) A commercially operated recreational facility possessing each of the following characteristics:
        1. (i)
          1. (a) Ownership and development by a for profit corporation;
          2. (b) Situated in a geographic area controlled by such entity and having not less than twenty-five (25) contiguous acres of land which is divided by a four-lane highway;
          3. (c) Designed to contain picnic facilities, museum buildings, retail sales areas, retail food dispensing outlets, and restaurant areas;
          4. (d) Maintenance of a limited access area containing a former residence, a swimming pool, a handball court, and stables where no pedestrian access is allowed and all guests entering must be carried by a motor vehicle; and
          5. (e) Location within a county having a population of not less than seven hundred seventy thousand (770,000), according to the 1990 federal census or any subsequent federal census;
        2. (ii) “Premier type tourist resort,” as defined in this subdivision (29)(I), shall be authorized to sell or serve alcoholic beverages on the premises of such resort only at special functions, wherein attendance is limited to invited guests or groups and not to the general public;
      10. (J) An entity operating a commercial golf related recreational facility, whether open to the public or limited to members and guests of an association or owners and guests of a development upon or adjacent to which the facility is located, which entity or facility meets all of the following criteria:
        1. (i) The facility is located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand eight hundred (34,800), according to the 1990 federal census or any subsequent federal census;
        2. (ii) The facility is operated in conjunction with an eighteen (18) hole golf course;
        3. (iii) The facility is kept, used and maintained as a place where meals are actually and regularly served with such adequate and sanitary kitchen facilities as might be needed to meet the reasonable requirements of its patrons, members, or guests;
        4. (iv) The entity does not discriminate or limit the use of the facilities solely on the basis of race, creed, sex, or national origin, and has provided to the commission a written certification of its policy;
        5. (v) Such facility has enclosed clubhouse space of at least five thousand square feet (5,000 sq. ft.);
        6. (vi) Such facility is located no less than seven (7) miles and no more than eight (8) miles from an interchange of an interstate highway; and
        7. (vii) Such facility is located on a geographic area, owned or operated by the entity, which area contains not less than one hundred fifty-five (155) acres nor more than one hundred seventy (170) acres;
      11. (K) A commercially operated recreational facility whether open to the public or limited to members and guests of an association or of the development on which it is located, owned and operated by an association or corporation and in connection with an eighteen-hole golf course, which facility is regularly kept, used and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all the following characteristics:
        1. (i) The facility must be located in or adjacent to a real estate development containing no less than one thousand one hundred (1,100) acres and no more than two thousand (2,000) acres;
        2. (ii) The facility must have no less than nine thousand (9,000) enclosed square feet;
        3. (iii) The facility must be located within the limits of a development which is contiguous to a water reservoir operated and maintained by the United States army corps of engineers during 1998 or any subsequent years; and
        4. (iv) Maintenance within the recreational area of the following types of recreational facilities:
          1. (a) Golf course of at least eighteen (18) holes;
          2. (b) Swimming pool;
          3. (c) Tennis court; and
          4. (d) Walking trails;
      12. (L) A resort containing all of the following characteristics:
        1. (i) Has a restaurant, with a current overall seating capacity of two hundred eighty (280), including outside dining service, and which serves over seventy-five thousand (75,000) patrons per year;
        2. (ii) Is located immediately adjacent to the Cherokee National Forest, the only national forest in Tennessee and the Cherohala Skyway, one of only twenty (20) highways in the country designated as a national scenic byway;
        3. (iii) Is located along the scenic Tellico River, a tributary of the Little Tennessee River;
        4. (iv) Currently operates nine (9) cabins, a river walk, and an open-air chapel and pavilion;
        5. (v) After a proposed expansion will include at least thirty (30) cottages, a full-service health and wellness spa, a championship golf course, racquet club, adventure club for canoeing, kayaking, hiking, biking and other outdoor activities, an equestrian club, conference facilities, a hunt and fish club, crafts and education, and history tours; and
        6. (vi) Is located within a county having a population of not less than thirty-eight thousand nine hundred (38,900) nor greater than thirty-nine thousand (39,000), according to the 2000 federal census or any subsequent federal census;
      13. (M) A commercially or privately operated recreational facility containing all of the following characteristics:
        1. (i) The facility is located within a platted housing subdivision of not less than four hundred (400) acres nor greater than five hundred twenty-five (525) acres;
        2. (ii) The facility is located on or adjacent to an eighteen-hole golf course located within the development;
        3. (iii) The facility is located within a development that operates a recreational swimming pool of at least sixty thousand gallons (60,000 gals.);
        4. (iv) The facility operates and maintains tennis courts for use by homeowners, visitors, tourists, or guests;
        5. (v) The facility operates a clubhouse for the use of homeowners, visitors, tourists, or guests of at least five thousand total square feet (5,000 sq. ft.) and the clubhouse houses a restaurant with seating at tables for at least forty (40) people and such restaurant has adequate kitchen facilities;
        6. (vi) The facility is located within a county with a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census; and
        7. (vii) The facility shall have been providing some or all of the described recreational services for a continuous period of at least four (4) years at the time of licensing;
      14. (N) A commercially operated recreational facility, located adjacent to a navigational river which contains all of the following characteristics:
        1. (i) Such facility has direct access to a navigable waterway;
        2. (ii) Such facility contains a minimum of two hundred (200) slips for boats;
        3. (iii) Such facility provides boat fuel, boat rental and repair;
        4. (iv) Such facility is located upon or adjacent to a public park or preserve, which park is at least one hundred (100) acres in size, and which park contains a swimming pool, tennis courts and at least a nine (9) hole golf course; and
        5. (v) Such facility is located within a county with a population of at least three hundred eighty thousand (380,000), according to the 2000 federal census or any subsequent federal census;
      15. (O) An entity granted a franchise for the operation of a restaurant or food and beverage services on the premises of the premier type tourist resort, and for such purposes a premier type tourist resort shall have the privilege of granting such franchises;
      16. (P) A commercially operated facility which contains all of the following characteristics:
        1. (i) Such facility was licensed as a health club on December 31, 2015;
        2. (ii) Such facility only allows members and their invited guests;
        3. (iii) Such facility has two (2) swimming pools with one pool having at least fifteen thousand square feet (15,000 sq. ft.) of water surface;
        4. (iv) Such facility provides volleyball courts, a basketball court and a recreation area with food service;
        5. (v) Such facility is located within fifteen (15) miles of an airport;
        6. (vi) Such facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        7. (vii) Such facility is located within a county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eight-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census;
      17. (Q) A commercially operated facility which contains all of the following characteristics:
        1. (i) Such facility is located no more than three and one-half (3 ½) miles from the right of way of Interstate 40 and fronting on State Highway 92 and has a minimum of eight (8) acres of lake front property with a minimum of five thousand eight hundred feet (5,800′) of shore line;
        2. (ii) Such facility has at least eighty (80) boat slips and forty-eight (48) dry slips, a boat launching ramp, a full service restaurant seating at least one hundred seventy-five (175) people inside with outside patio dining, a ships store offering boat supplies and gasoline, and an outdoor pavilion;
        3. (iii) Such facility provides accommodations consisting of at least twenty (20) lakeside hotel/motel units in a building or buildings designed for such purposes;
        4. (iv) Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census; and
        5. (v) Such facility shall also include any commercial boat for charter that departs from any such facility if the boat is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel and has adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state;
      18. (R) A commercially operated facility which at a minimum contains all of the following characteristics:
        1. (i) Such facility is located within one (1) mile of the right-of-way of Interstate 40 and in an area zoned by the municipality as B-3; and
        2. (ii) Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census;
      19. (S) A commercially operated facility which contains all of the following characteristics:
        1. (i) Such facility is located no more than one-half (½) mile from the right of way of Interstate 75 and accessible to State Highway 68;
        2. (ii) Such facility has at least nine thousand square feet (9,000 sq. ft.) of conference space;
        3. (iii) Such facility provides accommodations consisting of at least one hundred twenty-five (125) hotel or motel rooms in a building or buildings designed for such purposes;
        4. (iv) Such facility provides recreational facilities including an indoor swimming pool;
        5. (v) Such facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        6. (vi) Such facility is located within a county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000), according to the 2000 federal census or any subsequent federal census;
      20. (T) A nine-hundred-sixty-acre peninsula gated community located on a lake with ten (10) miles of shoreline, and which facility contains all of the following characteristics:
        1. (i) Has an eighteen-hole golf course and tennis courts;
        2. (ii) Has a club house, restaurant, lounge, fitness center, and swimming pool;
        3. (iii) Maintains a community garden, community and neighborhood docks and a boat ramp;
        4. (iv) Has an equestrian facility with extensive riding trails;
        5. (v) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        6. (vi) Is located in two (2) counties one (1) county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000) and the other county having a population of not less than thirty-nine thousand fifty (39,050), nor more than thirty-nine thousand one hundred fifty (39,150), both according to the 2000 federal census or any subsequent federal census;
      21. (U) A facility which contains all the following characteristics:
        1. (i) Has resort lodge condominiums, homes and vacation cottages;
        2. (ii) Has an eighteen hole golf course and tennis courts with a pro shop;
        3. (iii) Has a swimming pool;
        4. (iv) Has rock climbing, hiking and biking trails;
        5. (v) Has a full service spa;
        6. (vi) Has banquet and dining services and a business service center;
        7. (vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        8. (viii) Is located in a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
      22. (V) It is lawful for any establishment located in a premier type tourist resort as defined in § 67-6-103(a)(3)(B)(iii) which is licensed to serve beer to also serve wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
      23. (W) It is lawful for any establishment located in a municipality which:
        1. (i) Has an approved Tourist Development Zone as set forth in title 7, chapter 88;
        2. (ii) Has a AA minor league baseball team; and
        3. (iii) Is located in a county with an amusement park, a ski resort, and a national park,
        4. which is licensed to serve beer to also serve wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
      24. (X) A commercially operated recreational facility, located adjacent to a navigable river, that has all of the following characteristics:
        1. (i) Contains at least one hundred (100) boating slips available for lease, rental, or use by guests;
        2. (ii) Has one (1) or more restaurant facilities with a combined seating capacity of at least two hundred (200);
        3. (iii) Has a lodge with at least fifteen (15) units available for transient lodging; and
        4. (iv) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
      25. (Y) A commercially operated facility that has all of the following characteristics:
        1. (i) Is located no more than six (6) miles from Interstate 40 at exit 427, and on both sides of a county highway known as Harrison Ferry Road;
        2. (ii) Has an eighteen-hole golf course, two (2) practice putting greens, a practice chipping green, and a practice area for golf instruction. The facility also contains a large swimming pool, a boat ramp into Douglas Lake, and two (2) tennis courts;
        3. (iii) Has a clubhouse with a fully equipped pro shop and a full-service restaurant seating at least one hundred fifty (150) persons inside, with an outside patio that seats at least seventy (70) persons;
        4. (iv) Is located within an incorporated municipality having a population of less than five hundred (500), according to the 2000 federal census or a subsequent federal census, within a county having a population of not less than forty-four thousand two hundred (44,200) nor more than forty-four thousand three hundred (44,300), according to the 2000 federal census or a subsequent federal census; and
        5. (v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
      26. (Z) An inn that has all of the following characteristics:
        1. (i) Contains at least twelve (12) transient guest rooms in the main house;
        2. (ii) Has a separate meeting lodge and facility that also houses at least four (4) new French country transient suites;
        3. (iii) Has at least two (2) kitchens on the premises and offers at least two (2) meals daily;
        4. (iv) Has an open-air, outdoor, sylvan chapel suitable for the accommodation of wedding ceremonies;
        5. (v) Provides entertainment in the form of cooking demonstrations, storytelling and dulcimer playing;
        6. (vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
        7. (vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
      27. (AA) A commercially operated facility that has all of the following characteristics:
        1. (i) Is a full service colonial mansion located on an eighty-one-acre estate;
        2. (ii) Contains no fewer than eight (8) transient rooms and seventeen (17) bathrooms;
        3. (iii) Contains a dining room with capacity for fifty (50) persons that serves at least two (2) meals daily;
        4. (iv) Has a heated swimming pool, a fitness center, a sauna, a tennis court and a billiard room;
        5. (v) Has a system of hiking and walking trails;
        6. (vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
        7. (vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
      28. (BB) A facility that has nine (9) acres of shoreline development on Watts Bar Lake and that has all of the following characteristics:
        1. (i) Has one- to three-bedroom cottages;
        2. (ii) Has a marina with two hundred fifty (250) slips, both wet and dry;
        3. (iii) Has a restaurant and lounge;
        4. (iv) Has a swimming pool;
        5. (v) Has rental boats;
        6. (vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        7. (vii) Is located in a county having a population of not less than twenty-eight thousand three hundred fifty (28,350) nor more than twenty-eight thousand four hundred fifty (28,450), according to the 2000 federal census or any subsequent federal census;
      29. (CC) A development that has all the following characteristics:
        1. (i) Has a well established marina with boat rentals, gasoline, guide services, etc., and a resort operating for more than fifty (50) years;
        2. (ii) Includes more than two hundred (200) acres on Watts Bar Lake;
        3. (iii) Has forty (40) cottages rented on a daily or weekly basis;
        4. (iv) Has a restaurant;
        5. (v) Has walking and nature trails;
        6. (vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        7. (vii) Is located in a county having a population of not less than twenty-eight thousand three hundred fifty (28,350) nor more than twenty-eight thousand four hundred fifty (28,450), according to the 2000 federal census or any subsequent federal census;
      30. (DD) Any facility located in a municipality that has a civil war battlefield:
        1. (i) Of which more than one thousand four hundred (1,400) acres have been designated in the National Register of Historic Places;
        2. (ii) For which a management contract has been entered into between the municipality and the Tennessee historical commission;
        3. (iii) Which has a self-guided driving tour;
        4. (iv) For which long-range plans include walking trails, interpretive signs and a visitor's center with a museum;
        5. (v) At which, every two (2) years, a living history and reenactment of the battle fought in December, 1862 is presented;
        6. (vi) That is famous for the southern general's order to his troops to “Charge them both ways”; and
        7. (vii) Is located in a county having a population of not less than twenty-five thousand four hundred fifty (25,450) nor more than twenty-five thousand five hundred fifty (25,550), according to the 2000 federal census or any subsequent federal census;
      31. (EE) A facility that has at least fourteen (14) acres located on a lake of at least eight thousand (8,000) acres and that has the following characteristics:
        1. (i) Contains at least three hundred fifty (350) boat slips;
        2. (ii) Contains a dry storage facility;
        3. (iii) Provides boat rentals;
        4. (iv) Contains a marine store;
        5. (v) Contains a full service restaurant with seating for at least one hundred fifty (150) people, as well as a private banquet facility;
        6. (vi) Has motel rooms and cabins for rent;
        7. (vii) Contains a swimming pool;
        8. (viii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        9. (ix) Is located in a county having a population of not less than fifty-six thousand seven hundred (56,700) nor more than fifty-six thousand eight hundred (56,800), according to the 2000 federal census or any subsequent federal census;
      32. (FF) A facility that has three hundred eighty-five (385) acres of development on J. Percy Priest Lake and that has all the following characteristics:
        1. (i) Has a water park;
        2. (ii) Has a marina with more than three hundred twenty (320) slips;
        3. (iii) Has a recreational vehicle (RV) campground;
        4. (iv) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        5. (v) Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
      33. (GG) A development that has all of the following characteristics:
        1. (i) Has a well established marina with boat slip rentals, gasoline, etc.;
        2. (ii) Includes three hundred eighty-five (385) acres on J. Percy Priest Lake;
        3. (iii) Has a water park;
        4. (iv) Has a recreational vehicle (RV) campground;
        5. (v) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        6. (vi) Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
      34. (HH) A fully staffed overnight accommodations facility that:
        1. (i) Is open twenty-four (24) hours a day, located on thirty-four (34) acres of land, that offers at least one (1) meal per day, along with hiking, a fitness facility, an event lawn, and a retail store;
        2. (ii) Has twenty (20) one- and two-bedroom cabins that have kitchens or kitchenettes, wood-burning fireplaces, hot tubs, and high-speed internet access;
        3. (iii) Has a one thousand five hundred square foot (1,500 sq. ft.) meeting facility with a capacity of up to one hundred twenty-five (125) persons, and a restaurant with a capacity of up to eighty-five (85) persons, both of which have high-speed internet access; and
        4. (iv) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
      35. (II) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a marina with approximately one hundred sixty-six (166) wet slips and approximately one hundred thirty-three (133) dry storage units;
        2. (ii) The facility is located within a lake-resort, gated residential development of at least one thousand two hundred (1,200) acres having in excess of four hundred fifty (450) single family homes and condominium units;
        3. (iii) The facility is located on a lake that has over eight hundred thirty-four (834) miles of shore line;
        4. (iv) The facility will have a restaurant with a seating capacity of at least fifty (50) people, serving at least two (2) meals a day;
        5. (v) The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        6. (vi) The facility is located within a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty-nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
      36. (JJ)
        1. (i) A commercially-operated facility containing all of the following characteristics:
          1. (a) The facility has on its premises a marina that has at least two hundred fifty (250) covered or uncovered wet slips and at least seventy-five (75) dry rack slips;
          2. (b) The facility has on its premises property leased or available for lease to a boating, yachting or water-based recreational club;
          3. (c) The facility has on its premises a restaurant, providing food service to the public or for private events, with seating in the restaurant for at least fifty (50) persons at tables, whether or not the seating is inside or on a deck or patio adjacent to the restaurant;
          4. (d) The facility has the capacity to serve as a home berth location for a commercial vessel for hire or for public cruises of at least seventy-five feet (75′) in length;
        2. (ii) When used in this subdivision (29)(JJ), the “facility” under subdivision (29)(JJ)(i) shall include any location within the property designated by the licensee;
        3. (iii) A facility under this subdivision (29)(JJ) shall also include any passenger sternwheel paddleboat, licensed by the United States coast guard, with rated passenger capacity of not less than one hundred (100) passengers and which paddleboat shall be at least seventy-five feet (75′) in length, which may use the marina facilities as described in subdivision (29)(JJ)(i) for its home or principal secondary port dock. The authority conferred under this subdivision (29)(JJ)(iii), authorizing the sale or distribution of alcoholic beverages, including beer, on any qualified sternwheel paddleboat shall extend only so long as the paddleboat is located at the marina facility described in subdivision (29)(JJ)(i) or is within one hundred (100) miles of the marina facility;
        4. (iv) For purposes of obtaining a license under this subdivision (29)(JJ), the commission shall be authorized to issue a license solely to the owner or operator of a sternwheel paddleboat, meeting the qualifications of subdivision (29)(JJ)(iii), whether or not the facility described in subdivision (29)(JJ)(i) receives a license under this chapter;
      37. (KK) A commercially operated restaurant located within a county having a population of not less than thirty-nine thousand seven hundred fifty (39,750) nor more than forty thousand (40,000) and also located within the corporate limits of a municipality having a population of not less than seven thousand seven hundred fifty (7,750) nor more than eight thousand (8,000), according to the 2000 federal census or any subsequent federal census, and in addition to satisfying the requirements of subdivision (31)(A), also meets the following additional requirements:
        1. (i) The facility is in a structure of not less than six thousand square feet (6,000 sq. ft.);
        2. (ii) The facility has seating at tables, for at least two hundred (200) persons; and
        3. (iii) The facility serves at least two (2) meals a day, five (5) days a week, with the exception of holidays, vacations and periods of redecorating;
      38. (LL) A commercially operated recreational facility containing all of the following characteristics:
        1. (i) Owning and operating one (1) or more golf courses, that include practice putting greens, chipping greens and a driving range;
        2. (ii) Operating a clubhouse facility, of at least eight thousand square feet (8,000 sq. ft.), containing a commercial quality kitchen and seating for at least one hundred (100) persons at tables;
        3. (iii) Operating a private clubhouse of at least five thousand square feet (5,000 sq. ft.), with seating at tables for at least eighty (80) persons, and which private clubhouse contains a full service kitchen;
        4. (iv) Located on a minimum of one hundred thirty-seven (137) acres; and
        5. (v) Located within a county through which a major interstate passes, supports a Tennessee board of regents university of approximately nine thousand three hundred (9,300) students for the 2006 academic year and whose sports teams are nicknamed the golden eagles;
      39. (MM) A facility operated either commercially or on a nonprofit basis as a club containing all of the following characteristics:
        1. (i) A clubhouse having not less than approximately five thousand eight hundred square feet (5,800 sq. ft.);
        2. (ii) An eighteen-hole golf course for use by its members and their guests;
        3. (iii) A restaurant with a suitable kitchen, dining facilities and equipment serving two (2) meals daily and open six (6) days a week;
        4. (iv) Is part of a planned unit development;
        5. (v) Has at least one hundred (100) members regularly paying dues;
        6. (vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        7. (vii) Is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
      40. (NN) It is lawful for a facility providing full service dining to serve wine to be consumed on the premises, subject to the further provisions of this chapter, other than § 57-4-103, that contains the following characteristics:
        1. (i) The facility provides seating at tables for not less than one hundred twenty-five (125) persons and is located on approximately three (3) acres;
        2. (ii) The dining area is at least four thousand eight hundred square feet (4,800 sq. ft.);
        3. (iii) The facility provides seating, on a deck or a patio, for at least forty (40) persons, weather permitting, which deck or patio is in close proximity to a river or waterway; and
        4. (iv) The facility is located in a county with a population of not less than twenty-three thousand (23,000) nor more than twenty-three thousand two hundred (23,200), according to the 2000 federal census or any subsequent federal census;
      41. (OO) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has overnight accommodations for at least thirty-two (32) people in at least twelve (12) private guest rooms with en-suite bathrooms;
        2. (ii) The facility has a main dining room which seats at least thirty-two (32) people;
        3. (iii) The facility has meeting and conference space, including at least two (2) dedicated conference rooms;
        4. (iv) The facility has a historic water-operated grist mill;
        5. (v) The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        6. (vi) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
      42. (PP) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a marina with at least four hundred thirty-five (435) wet slips;
        2. (ii) The facility has a minimum of four hundred twelve (412) paved single car parking spaces and in addition at least thirty (30) car/trailer paved parking spaces;
        3. (iii) The facility has a restaurant with inside seating for at least seventy-eight (78) persons and patio dining for at least fifty-four (54) persons;
        4. (iv) The facility is located within one great circle mile of Tennessee highway 56;
        5. (v) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
        6. (vi) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
      43. (QQ)
        1. (i) A commercially operated facility containing all of the following characteristics:
          1. (a) Owning and operating a golf course that is open to the public, that includes practice putting and chipping greens and a driving range;
          2. (b) Operating a clubhouse facility of approximately four thousand square feet (4,000 sq. ft.), containing a commercial quality kitchen and seating for at least eighty-three (83) persons inside at tables;
          3. (c) The facility is located at the intersection of State Highway 55 and Pete Sain Road;
          4. (d) The facility does not discriminate against any patron on the basis of gender, race, religion or national origin; and
          5. (e) The facility is located within a county having a population of not less than forty-eight thousand (48,000) nor more than forty-eight thousand one hundred (48,100), according to the 2000 federal census or any subsequent census;
        2. (ii) The rights of any facility licensed under this subdivision (29)(QQ) as to activities permitted under this chapter may be held by the entity that owns the facility, the entity that leases the facility, or an entity operating a restaurant pursuant to a written contract with the entity that owns or leases the facility;
      44. (RR) A commercially operated recreational facility on at least ninety (90) acres of land that borders the Cherokee National Forest that offers lodging, recreation and restaurant packages to patrons containing all of the following characteristics:
        1. (i) A rustic lodge with at least five (5) private overnight rooms that all possess a king-sized bed, mini-refrigerator, coffee maker, microwave, television, sitting area and private full bathroom, all of which have views of the mountains and are situated in a lodge with a shared great room and hot tub;
        2. (ii) At least ten (10) cabins for overnight stays that sleep multiple persons, some of which are company-owned and some of which are privately-owned but rented by the company, and include the following amenities: television, outdoor hot tub on private deck, heat and air conditioning, gas grill, cookware, fireplace, linens and towels and large and small appliances including washer/dryer and all common kitchen appliances;
        3. (iii) Riding stables with at least twenty-two (22) stalls for both horses owned by the resort and for overnight lease for or by guests, on-site guided trail rides provided by the owners, a horse arena with a bathroom, mountain biking, hiking, fishing including an on-site stocked pond and swimming in the guest swimming pool;
        4. (iv) A dining restaurant that possesses a kitchen and is currently permitted to serve beer that is attached to a larger multi-purpose hall that hosts banquets, dining, dancing, music, live bands and other types of entertainment, all of which are connected to two (2) bars and at least one (1) private room and includes dining upstairs and downstairs and multiple outdoor seating decks, all of which possess a combined seating of at least two hundred (200) persons, that serves at least nine (9) meals on a weekly basis, with the exceptions of closures for private groups that include the year-round hosting of reunions, weddings and corporate workshops and seasonal closures, vacations, general maintenance and remodeling by the owners;
        5. (v) A building that contains an administrative office and a general store complete with all sorts of merchandise for use on and off of the premises of the resort, a building that contains a tack store that sells all sorts of horse-related merchandise and a building that contains a game room;
        6. (vi) An outdoor pavilion that possesses a grill and in which other outdoor cooking devices may be used and that is used to serve meals outdoors in combination with foods prepared in the kitchen;
        7. (vii) A gazebo used for outdoor weddings;
        8. (viii) When used in this subdivision (29)(RR), “facility” includes any location within the property designated by the licensee;
        9. (ix) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        10. (x) Is located within a county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;
      45. (SS)
        1. (i) A commercially operated recreational facility, whether open to the public or limited to members and guests of a corporation, limited liability company, association or of the development in which it is located, owned and operated by a corporation, limited liability company or association, having all of the following characteristics:
          1. (a) The facility must be located in or adjacent to a residential real estate development containing no less than one thousand (1,000) acres and no more than two thousand (2,000) acres, inclusive of the facility;
          2. (b) The facility must have at least three (3) permanent structures, open to the public or to members and their guests, with the largest structure having at least thirty thousand square feet (30,000 sq. ft.) of enclosed space;
          3. (c) The closest boundary of the real estate development in which the facility is located must be located no more than two thousand feet (2,000′) from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
          4. (d) The facility must maintain the following types of recreational amenities:
            1. (1) A golf course having at least eighteen (18) holes;
            2. (2) At least one (1) swimming pool;
            3. (3) At least one (1) tennis court; and
            4. (4) A fitness facility;
          5. (e) The facility must have at least one (1) room or rooms that are regularly kept, used and maintained as a place where meals are regularly served, with adequate and sanitary kitchen facilities and seating at tables for at least seventy-five (75) persons;
          6. (f) The facility must be located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census; and
          7. (g) The facility must not discriminate against any patron on the basis of age, gender, race, religion or national origin;
        2. (ii) The premises of any facility licensed under this subdivision (29)(SS) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      46. (TT)
        1. (i) A commercially operated recreational facility which contains each of the following characteristics:
          1. (a) Is located within a county with a population of not less than seventeen thousand (17,000) nor greater than eighteen thousand (18,000), according to the 2010 federal census or any subsequent federal census;
          2. (b) Has located on its premises, stables for the temporary or permanent stabling of horses with a capacity of at least two hundred twenty (220) horses;
          3. (c) Consists of property of at least ten thousand (10,000) acres, contiguous and noncontiguous;
          4. (d) Has located upon its premises trails and horseback riding, wagon trails, campsites with electrical service, bathhouses and a pavilion for cookouts; and
          5. (e) Has a restaurant facility for the preparation and serving of food and beverages to guests of the facility located at the facility;
        2. (ii) The rights of the facility as to activities permitted under this chapter may be held by the entity which owns the facility, the entity which leases the facility, or an entity operating the restaurant pursuant to a written contract with the entity which owns or leases the facility;
        3. (iii) The facility may be a contiguous parcel of property or may be noncontiguous; provided, that any part of the facility which is noncontiguous to any other part of the facility is separated only by a roadway or street; and
        4. (iv) The entity excising the rights of the facility shall be authorized to engage in the activities permitted under this chapter anywhere on the premises of the facility as disclosed to the commission;
      47. (UU) A privately owned facility possessing each of the following characteristics:
        1. (i) Is located on at least twenty (20) acres;
        2. (ii) Has a restaurant facility with at least one thousand two hundred square feet (1,200 sq. ft.) that seats at least one hundred (100) patrons at tables located both inside and outside the facility;
        3. (iii) Has a marina with at least one hundred (100) slips and that provides house boat rentals of at least four (4) house boats;
        4. (iv) Has at least four (4) cabins, seven (7) camping slots and at least three (3) RV slots;
        5. (v) Has a boat repair shop and a store that carries boating and skiing type items;
        6. (vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
        7. (vii) Is located within any county having a population of not less than seventeen thousand eight hundred (17,800) nor more than seventeen thousand eight hundred seventy-five (17,875), according to the 2000 federal census or any subsequent federal census;
      48. (VV) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a marina with at least two hundred forty (240) wet slips;
        2. (ii) The facility has a minimum of nine (9) housing units for rent containing nineteen (19) bedrooms;
        3. (iii) The facility has a campground with twelve (12) sites containing electric and sewer hookups;
        4. (iv) The facility has a minimum of one hundred forty-seven (147) paved single car parking spaces;
        5. (v) The facility has a restaurant with inside seating for at least twenty-eight (28) persons and patio dining for at least forty (40) persons;
        6. (vi) The facility has an outdoor pavilion which seats one hundred fifty (150) persons;
        7. (vii) The facility is located on Jefferson Road, approximately six and one tenth (6.1) miles from the intersection with Highway 288/Keltonburg Road and thirteen (13) miles from Highway 70;
        8. (viii) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
        9. (ix) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
      49. (WW) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a minimum of eighty seven (87) parking spaces;
        2. (ii) The facility has a restaurant open year-round with inside seating for at least sixty (60) persons and outside seating for at least one hundred nineteen (119) persons;
        3. (iii) The facility is located on Highway 96 less than one (1) mile from Center Hill Lake; and
        4. (iv) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
      50. (XX) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a minimum of eighty five (85) parking spaces;
        2. (ii) The facility has a restaurant open year-round at least six (6) days a week with inside seating for at least one hundred (100) persons and outside seating for at least one hundred twenty (120) persons;
        3. (iii) The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
        4. (iv) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
      51. (YY) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility owns and operates an eighteen (18) hole golf course that is open to the public, which includes putting greens and a driving range;
        2. (ii) The facility operates a clubhouse facility of approximately five thousand square feet (5,000 sq. ft.), with seating at tables for at least eighty (80) persons and which clubhouse contains a full-service kitchen;
        3. (iii) The facility operates a swimming pool;
        4. (iv) The facility is located on a minimum of one hundred thirty-three (133) acres;
        5. (v) The facility is located adjacent to old Highway 45W and is situated within a county having a population of not less than forty-eight thousand one hundred twenty-five (48,125) nor more than forty-eight thousand two hundred (48,200), according to the 2000 federal census or any subsequent federal census; and
        6. (vi) The facility does not discriminate against any patron on the basis of gender, race, religion or national origin;
      52. (ZZ) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a marina with at least five hundred thirty (530) wet slips;
        2. (ii) The facility has a minimum of two hundred fifty (250) paved single car parking spaces;
        3. (iii) The facility has a restaurant with inside seating for at least eighty (80) persons and outside seating for at least sixty (60) persons;
        4. (iv) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
        5. (v) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
      53. (AAA) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility includes a one hundred forty-seven thousand square foot (147,000 sq. ft.) boat and RV showroom and service center with retail sales of all types of camping and boating equipment as well as a boat and RV parts department;
        2. (ii) The facility has a two hundred fifty (250) seat full service restaurant;
        3. (iii) The facility has a two hundred fifty (250) site campground with two (2) swimming pools, cabins and a lodge;
        4. (iv) The facility is a travel center with a store, pizzeria, delicatessen, fuel center;
        5. (v) The facility has an arcade;
        6. (vi) The facility is located at 2475 Westel Road; and
        7. (vii) The facility is located within a county having a population of not less than forty-six thousand eight hundred (46,800) nor more than forty-six thousand nine hundred (46,900), according to the 2000 federal census or any subsequent federal census;
      54. (BBB) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a marina with at least one hundred one (101) wet slips;
        2. (ii) The facility has a minimum of sixty (60) paved single car parking spaces;
        3. (iii) The facility has a restaurant with adequate and sanitary kitchen facilities with inside seating for at least forty (40) persons and outside seating for at least one hundred fifty (150) persons and is kept, used and maintained as a place where meals are served and where meals are actually and regularly served when the facility is opened for business; and
        4. (iv) The facility is located within a county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand two hundred (31,200), according to the 2000 federal census or any subsequent federal census;
      55. (CCC) A commercially operated facility which contains all of the following characteristics:
        1. (i) Is a bed and breakfast homestay, as defined in § 68-14-502(1)(B), that opened in 2008;
        2. (ii) Has at least two (2) rooms available for overnight guests;
        3. (iii) Is able to prepare on-site custom meals for up to thirty (30) persons;
        4. (iv) Offers cooking classes; and
        5. (v) Is located within any county having a population of not less than one hundred eighty-two thousand (182,000) nor more than one hundred eighty-two thousand one hundred (182,100), according to the 2000 federal census or any subsequent federal census;
      56. (DDD) A commercially operated recreational facility whether open to the public or limited to members and guests of an association or of the development on which it is located, owned, and operated by an association or corporation and in connection with an eighteen-hole golf course which facility is regularly kept, used, and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all the following characteristics:
        1. (i) The facility must have a clubhouse with no less than six thousand enclosed square feet (6,000 sq. ft.);
        2. (ii) The facility must be located within the limits of a development that is within five hundred yards (500 yds.) of a water reservoir operated and maintained by the United States Army corps of engineers during 1998 or any subsequent years;
        3. (iii) The facility must be located within at least three (3) miles of an airport with lighted runway of at least three thousand feet (3,000′) in length;
        4. (iv) Maintenance within the recreational area of the following types of recreational facilities:
          1. (a) Golf course of at least eighteen (18) holes;
          2. (b) Swimming pool; and
          3. (c) Tennis court; and
        5. (v) The facility is located within a county having a population of not less than twenty-nine thousand eight hundred (29,800) nor more than twenty-nine thousand nine hundred (29,900), according to the 2000 federal census or any subsequent federal census;
      57. (EEE) A privately-owned resort and recreational facility possessing each of the following characteristics:
        1. (i) Has at least ninety-five (95) acres located approximately five (5) miles south of Interstate 40 on Tennessee State Highway 13;
        2. (ii) Is fronted on the west side by Tennessee State Highway 13 and bordered on the south side by a scenic river as defined in title 11, chapter 13, part 1;
        3. (iii) Has at least four (4) cabins;
        4. (iv) Has at least thirty (30) recreational vehicle pads and sites with full electrical, water and sewer hookups;
        5. (v) Has at least a forty-seat restaurant which has been approved by the local health department that has an approved beer permit and has food available, with exceptions of closures for private groups or events, seasonal closures, vacations, general maintenance and remodeling by the owners;
        6. (vi) When used in this subdivision (29)(EEE), the “facility” shall include any location within the property designated by the licensee;
        7. (vii) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        8. (viii) Is located within any county having a population of not less than seven thousand six hundred (7,600) nor more than seven thousand seven hundred (7,700), according to the 2000 census or any subsequent federal census; and the legislative body of such county adopts a resolution endorsing such resort and recreational facility as a premier type tourist resort as defined in this subdivision (29);
      58. (FFF) A commercially operated facility containing all of the following characteristics:
        1. (i) Has a restaurant serving an upscale menu featuring lobster tail, crab legs and fresh cut steaks;
        2. (ii) Is located on a lake by a marina;
        3. (iii) Has a boat dock within walking distance of the restaurant;
        4. (iv) Has indoor seating for approximately one hundred thirty (130) diners and outdoor dining on the patio with seating for approximately one hundred eighty (180);
        5. (v) Offers live entertainment on the patio at its Tiki Bar; and
        6. (vi) Is located in any county having a population of not less than forty-four thousand two hundred (44,200) nor more than forty-four thousand three hundred (44,300), according to the 2000 federal census or any subsequent federal census;
      59. (GGG) A privately-owned resort and recreational facility possessing each of the following characteristics:
        1. (i) Has a dock with marina which has at least one hundred seventy (170) boat slips which is located on or near the four hundred eighty-two (482) mile marker on the Tennessee River;
        2. (ii) Has an outside gazebo which is used for various functions;
        3. (iii) Has a restaurant with a dining room of at least four thousand two hundred square feet (4,200 sq. ft.), which seats at least two hundred (200) persons both indoors and outdoors, including an outdoor balcony; and which serves meals at least four (4) days on a weekly basis including Sunday brunch, with exceptions of closures for private groups or events; and seasonal closures, vacations, general maintenance and remodeling by the owners;
        4. (iv) When used in this subdivision (29)(GGG), the “facility” shall include any location within the property designated by the licensee; and
        5. (v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
      60. (HHH) A commercially operated facility containing all of the following characteristics:
        1. (i) Regularly serves meals at tables and continuously maintains adequate kitchen facilities;
        2. (ii) Has indoor seating for approximately one hundred twenty (120) diners and outdoor seating for approximately one hundred thirty (130);
        3. (iii) Is located on the banks of the Cumberland River;
        4. (iv) Has a transient boat dock within walking distance of the restaurant;
        5. (v) Specializes in serving catfish and is often referred to as “the Catfish Place under the bridge”; and
        6. (vi) Is located in any county having a population of not less than thirty-nine thousand one hundred (39,100) nor more than thirty-nine thousand two hundred (39,200), according to the 2010 federal census or any subsequent federal census;
      61. (III) A bed and breakfast possessing each of the following characteristics:
        1. (i) The house is approximately ten thousand square feet (10,000 sq. ft.) and has rooms for approximately twelve (12) guests to stay overnight;
        2. (ii) Has a smaller upper level patio and a larger, lower level patio;
        3. (iii) Has a main dining room on the first floor which can accommodate approximately seventy (70) guests. The main dining room is one (1) large room with floor to ceiling windows providing one hundred eighty degrees (180°) of lakefront viewing;
        4. (iv) Has accommodations for an additional forty (40) guests for outside dining;
        5. (v) Is located in the Long Branch portion of Dale Hollow Lake;
        6. (vi) The property on which the bed and breakfast is situated has space for weddings, family reunions and other large gatherings on the large outside portion of the property; and
        7. (vii) Is located in any county having a population of less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
      62. (JJJ) A hotel possessing all of the following characteristics:
        1. (i) Contains at least twenty five (25) rooms for the sleeping accommodations of guests;
        2. (ii) Is registered as a national historic landmark;
        3. (iii) Is located within a central business improvement district; and
        4. (iv) Is located in any county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census;
      63. (KKK) A commercially operated recreational facility possessing each of the following characteristics:
        1. (i) Is located at least two hundred feet (200′) from a natural lake that is located in or near a state park, which has waterfowl hunting and fishing is available year round;
        2. (ii) Has a restaurant which has:
          1. (a) A beer license;
          2. (b) A commercial kitchen; and
          3. (c) Seating for at least seventy-five (75); and
        3. (iii) Has a boat ramp and boat dock;
      64. (LLL) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility has a restaurant open year-round with inside seating for at least seventy-five (75) persons;
        2. (ii) The facility has a minimum of eighty-five (85) parking spaces;
        3. (iii) The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
        4. (iv) The facility is located within a county having a population of not less than eighteen thousand seven hundred (18,700) nor more than eighteen thousand seven hundred fifty (18,750), according to the 2010 federal census or any subsequent federal census;
      65. (MMM)
        1. (i) A commercially operated recreational facility possessing all of the following characteristics:
          1. (a) A golf course of at least eighteen (18) holes;
          2. (b) Wooded trails for horseback riding;
          3. (c) A fully stocked fishing pond;
          4. (d) At least three (3) tennis courts;
          5. (e) Located in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census; and
          6. (f) Is located no more than two thousand feet (2,000′) from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
        2. (ii) The premises of any facility licensed under this subdivision (29)(MMM) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths, and road crossings. A license shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      66. (NNN) A commercially owned marina containing all of the following characteristics:
        1. (i) Operates as a marina on approximately forty-six (46) acres of land;
        2. (ii) Has a restaurant with at least one hundred ten (110) seats;
        3. (iii) Has approximately two hundred (200) boat slips;
        4. (iv) Has seven (7) cabins; and
        5. (v) Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census;
      67. (OOO) A commercially operated facility containing all of the following characteristics:
        1. (i) Operates as a hunting lodge on approximately four hundred (400) acres of land;
        2. (ii) Has adequate kitchen facilities and a dining area within the hunting lodge with seating of at least fifty (50) at tables;
        3. (iii) Has capacity to sleep at least thirty (30) guests within the main hunting lodge and at least twenty (20) guests in a cabin located on the property; and
        4. (iv) Is located off I-40 at Exit 311 in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
      68. (PPP) A commercially operated facility open to the public for persons twenty-one (21) years of age or older that has all of the following characteristics:
        1. (i) Is located within three (3) miles of Dale Hollow Lake;
        2. (ii) Has a kitchen that serves food to customers;
        3. (iii) Is licensed to sell beer;
        4. (iv) Is located in an A frame building built in 1968;
        5. (v) Has a deck of more than one thousand square feet (1,000 sq. ft); and
        6. (vi) Is located in any county having a population of not less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
      69. (QQQ)
        1. (i) A commercially operated resort, restaurant, marina and recreational facility possessing all of the following characteristics:
          1. (a) Is located on at least five (5) acres but no more than seven (7) acres at day marker four (4) as designated by the Tennessee Valley authority on Norris Lake;
          2. (b) Has a marina with at least one hundred forty-five (145) boat slips, most of which are contracted for use on an annual basis, but also includes use for drive-ups;
          3. (c) Rents pontoon, ski, and house boats;
          4. (d) Has a marina store;
          5. (e) Has a restaurant with a full service kitchen with combined seating indoors and outdoors for at least one hundred (100) patrons;
          6. (f) Has a restaurant that serves at least twelve (12) meals on a weekly basis with exceptions of closures for private groups or events, seasonal reasons, vacations, general maintenance and remodeling by the owners;
          7. (g) Has special events and weddings inside and outside;
          8. (h) Has at least fifty-five (55) condominiums with at least thirty (30) of the condominiums available for rental on a nightly or weekly basis;
          9. (i) Has a restaurant that possesses a beer permit for on and off-premises consumption;
          10. (j) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
          11. (k) Is located in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The facility licensed pursuant to this subdivision (29)(QQQ) shall make food available at any time when alcoholic beverages are being served;
        3. (iii) When used in this subdivision (29)(QQQ), “facility” means any location within the property as designated by the licensee;
      70. (RRR) A commercially operated marina, restaurant, and recreational facility possessing all of the following characteristics:
        1. (i) Is located on at least thirty-two (32) acres of land located off Old Awalt Road;
        2. (ii) Has a marina with at least two hundred fifty (250) wet slips located on Tims Ford Lake;
        3. (iii) Has a restaurant with a dining room to accommodate at least two hundred (200) patrons;
        4. (iv) Includes at least five (5) rental cabins and a motel with at least (5) rental units on its grounds; and
        5. (v) Has a fuel dock with a stationary tank that holds at least six thousand gallons (6,000 gals.) of fuel;
      71. (SSS) A commercially operated mountaintop resort and recreational facility possessing all of the following characteristics:
        1. (i) Is located on at least one thousand two hundred (1,200) acres at an altitude of between two thousand five hundred feet (2,500′) and three thousand feet (3,000′);
        2. (ii) Provides nightly lodging in at least eleven (11) furnished suites with balconies, all of which are located in at least two (2) buildings;
        3. (iii) Has a restaurant with a full service kitchen with combined seating indoors and outdoors for at least one hundred (100) patrons; and which serves at least twelve (12) meals on a weekly basis with exceptions of closures for private groups or events; and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time when alcoholic beverages are being served; and such restaurant shall already possess a beer permit for on-premises consumption;
        4. (iv) Hosts special on-site events including weddings, receptions, reunions, corporate meetings, and club or group gatherings;
        5. (v) Has a wooden walkway through chimney rock formations;
        6. (vi) Has a heliport with at least two (2) landing pads;
        7. (vii) When used in this subdivision (29)(SSS), “facility” includes any location within the property as designated by the licensee;
        8. (viii) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        9. (ix) Is located in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 census or any subsequent federal census;
      72. (TTT) A commercially owned marina, resort, and recreational facility possessing each of the following characteristics:
        1. (i) Includes a full service marina that includes at least one hundred thirty (130) boat slips with the capacity to have three hundred seventy-five (375) covered boat slips ranging in size from twenty-four feet (24′) to thirty feet (30′) deep; and which is located opposite the one hundred and thirty-three and one-third R (133.3R) mile marker on the Clinch River on Norris Lake;
        2. (ii) Has a public pump station;
        3. (iii) Has a restaurant with at least one hundred (100) seats both indoors and outdoors which serves at least six (6) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners;
        4. (iv) Has a ship store;
        5. (v) Has gas docks;
        6. (vi) Has a marina campground with at least twenty (20) campsites with electric, water, and wastewater connections;
        7. (vii) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        8. (viii) The facility is located within a county having a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census. When used in this subdivision (29)(TTT), “facility” includes any location within the property designated by the licensee;
      73. (UUU)
        1. (i) A commercially or privately operated facility containing all of the following characteristics:
          1. (a) Is located on Tellico Lake, containing a minimum area of six hundred fifty (650) contiguous acres;
          2. (b) Has an information and sales center;
          3. (c) Has public access walking trails;
          4. (d) Has a championship golf course of at least eighteen (18) holes;
          5. (e) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
          6. (f) Is located within any county having a population of not less than forty-eight thousand five hundred (48,500) nor more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(UUU) shall mean any or all of the property that constitutes the facility, including, but not limited to, clubhouses, restaurants, gift and pro shops, marinas, swimming pools, tennis courts, golf courses, and paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises and such drawing may be amended by the licensee filing a new drawing;
      74. (VVV) A commercially operated private tennis club possessing all of the following characteristics:
        1. (i) Is located on at least thirteen (13) acres of land located off Racquet Club Way;
        2. (ii) Has at least ten (10) indoor hard tennis courts located indoors;
        3. (iii) Has at least five (5) hard tennis courts and at least twelve (12) clay tennis courts located outdoors; and
        4. (iv) Includes a five thousand square foot (5,000 sq. ft.) club house on its grounds;
      75. (WWW) A commercially operated recreational facility possessing all of the following characteristics:
        1. (i) Has a banquet room that seats not less than seventy-five (75) people;
        2. (ii) Has a semi-private golf course of at least eighteen (18) holes;
        3. (iii) Has a club house, restaurant that serves food, and swimming pool;
        4. (iv) Is located not less than one (1) mile from Interstate 40 and is adjacent to Golf Course Road; and
        5. (v) Is located in a county having a population of not less than thirty-five thousand six hundred (35,600) nor more than thirty-five thousand seven hundred (35,700), according to the 2010 federal census or any subsequent federal census;
      76. (XXX) A commercially owned marina, resort and recreational facility possessing each of the following characteristics:
        1. (i) Includes a full service marina that includes at least one hundred (100) covered boat slips, at least thirty-five (35) mooring line buoys, at least five (5) floating home rentals, and offers for rental at least fourteen (14) watercraft of various types including ski-boats, single and double deck pontoons, jet skis, and standup paddle boats; and which is located at Big Creek Mile eight zero L (8.0L), Whitman Hollow Branch Norris Reservoir;
        2. (ii) Has a restaurant with at least seventy-five (75) seats combined indoors and outdoors, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
        3. (iii) Has at least seven (7) campsites;
        4. (iv) Has at least two (2) vacation rental homes;
        5. (v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        6. (vi) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
      77. (YYY) A commercially owned marina, resort and recreational facility possessing each of the following characteristics:
        1. (i) Has a full service marina that includes at least three hundred (300) boat slips and is located on Norris Lake;
        2. (ii) Has a restaurant with at least seventy-two (72) indoor seats and seventy-two (72) outdoor seats, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
        3. (iii) Has a motel with at least twenty-four (24) rooms;
        4. (iv) Has at least two (2) vacation rental cabins and at least twenty-three (23) recreational vehicle (RV) slots;
        5. (v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        6. (vi) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
      78. (ZZZ) A commercially operated facility possessing each of the following characteristics:
        1. (i) Has adequate kitchen facilities and a dining area within the facility that has a seating capacity of at least fifty (50);
        2. (ii) Is within four (4) miles of Douglas Lake;
        3. (iii) Is located on the corner of Greenhill Road and Hwy 25-70 within one (1) mile of I-40 at Exit 415; and
        4. (iv) Is located in a county having a population of not less than fifty-one thousand four hundred (51,400) nor more than fifty-one thousand five hundred (51,500), according to the 2010 federal census or any subsequent federal census;
      79. (AAAA)
        1. (i) A privately owned resort and recreational facility possessing each of the following characteristics:
          1. (a) Is located off U.S. Highway 421 in any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand three hundred (18,300), according to the 2010 federal census or any subsequent federal census;
          2. (b) Has a semi-private golf course of at least eighteen (18) holes;
          3. (c) Has at least twenty (20) accommodation units;
          4. (d) Has at least two (2) tennis courts;
          5. (e) Has at least one (1) swimming pool;
          6. (f) Has a restaurant that seats at least fifty (50) people; and
          7. (g) Has a meeting facility;
        2. (ii) The premises of any resort and recreational facility licensed under this subdivision (29)(AAAA) shall mean any or all of the property that constitutes the resort and facility, including, but not limited to, clubhouses, restaurants, gift and pro shops, swimming pools, tennis courts, golf courses, and paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, and such drawing may be amended by the licensee filing a new drawing;
      80. (BBBB) It is lawful for any establishment located in a municipality having a population of not less than six hundred (600) nor more than six hundred ten (610), according to the 2010 federal census or any subsequent federal census, which is located in a county having a population of not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census, that is licensed to serve beer to also serve alcoholic beverages and wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
      81. (CCCC) A commercially owned marina, resort, and recreational facility possessing each of the following characteristics:
        1. (i) Includes a full-service marina that includes at least one hundred fifty (150) boat slips and is located on Norris Lake;
        2. (ii) Has at least eight (8) campsites;
        3. (iii) Has a restaurant with at least eighty (80) seats, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
        4. (iv) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
        5. (v) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
      82. (DDDD) A commercially operated facility possessing each of the following characteristics:
        1. (i) Is located within a one thousand foot (1,000′) radius from the intersection of U.S. Highway 41A and University Avenue/Lake O'Donnell Road on property owned by a private institution of higher education, the campus of which is at least ten thousand (10,000) acres;
        2. (ii) Is located in any county having a population of not less than forty-one thousand (41,000) nor more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census;
        3. (iii) Has prepared and served hot food for on-site dining with indoor seating for at least twenty-five (25) persons for at least twenty-four (24) months; and
        4. (iv) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
      83. (EEEE) An entity that is authorized by the department of environment and conservation to operate a restaurant or other food and beverage service on the premises of a state park;
      84. (FFFF) It is lawful for any establishment located in a municipality having a population of not less than four hundred ninety (490) nor more than four hundred ninety-nine (499), according to the 2010 federal census or any subsequent federal census, which is located in a county having a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census, that is licensed to serve beer to also serve alcoholic beverages and wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
      85. (GGGG) A commercially operated facility possessing each of the following characteristics:
        1. (i) Is located in any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Regularly serves meals;
        3. (iii) Contains an adequate and sanitary kitchen;
        4. (iv) Has seating for not less than forty (40) people at tables;
        5. (v) Is located on floatation devices on the Cumberland river in close proximity to a marina; and
        6. (vi) May be seasonally closed;
      86. (HHHH) A commercially operated recreational facility possessing each of the following characteristics:
        1. (i) Is located:
          1. (a) On at least two thousand five hundred (2,500) acres, approximately eight (8) miles from an interstate highway; and
          2. (b) Along a waterway that flows into a river, a portion of which has been designated as a scenic river;
        2. (ii) Has at least twelve (12) cabins and at least three hundred fifty (350) campsites;
        3. (iii) Has a motor cross trail or trails and a horseback riding trail or trails;
        4. (iv) Has a restaurant with seating for at least one hundred (100);
        5. (v) Has a one thousand six hundred square foot (1,600 sq. ft.) stage at an amphitheater that seats approximately two thousand five hundred (2,500); and
        6. (vi) Has least five (5) hotels or motels located near the facility;
      87. (IIII) A commercially operated facility containing all of the following characteristics:
        1. (i) Is located:
          1. (a) On at least twenty-two (22) acres;
          2. (b) Within a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census; and
          3. (c) At least two (2) miles north of the city of Cookeville;
        2. (ii) Has been an LLC corporation since 2013;
        3. (iii) Accommodates overnight lodging for up to fourteen (14) guests;
        4. (iv) Is available for special events for up to five hundred (500) guests, including, but not limited to, weddings, receptions, corporate events, fundraisers, and reunions; and
        5. (v) Has on-site parking for up to two hundred fifty (250) vehicles;
      88. (JJJJ) A commercially operated facility possessing all of the following characteristics:
        1. (i) Is located in a home built in 1892;
        2. (ii) Is located on 3rd Avenue South;
        3. (iii) Has eight thousand square feet (8,000 sq. ft.) of space including an outside courtyard;
        4. (iv) Hosts on-site special events including weddings, receptions, and group gatherings;
        5. (v) Has an adequate and sanitary kitchen; and
        6. (vi) Is located in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
      89. (KKKK) A commercially operated facility containing all of the following characteristics:
        1. (i) The facility is located on at least two hundred fifty (250) acres;
        2. (ii) The facility provides camping and additional overnight accommodations;
        3. (iii) The facility serves at least one (1) meal per day in a dining room that seats at least fifty (50) persons; and
        4. (iv) The facility must be located within a commercial district which contains a former state penitentiary that was in operation for a minimum of fifty (50) years;
      90. (LLLL) A commercially operated facility possessing each of the following characteristics:
        1. (i) Has been in operation as an inn since November 3, 2002;
        2. (ii) Is located within one-half (½) mile of a city park;
        3. (iii) Has a total of eight (8) guest rooms in the main house;
        4. (iv) Has a separate cottage that also houses at least one (1) transient suite, as well as workspaces and storage;
        5. (v) Has at least one (1) kitchen on the premises and offers at least one (1) meal daily;
        6. (vi) Has an open-air, outdoor patio suitable for the accommodation of wedding ceremonies and other events;
        7. (vii) Has been designated historically significant by a county historical commission; and
        8. (viii) Is located in any county having a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      91. (MMMM) A commercially operated facility possessing all of the following characteristics:
        1. (i) Has a restaurant open at least six (6) days a week with seating at tables for at least one hundred (100) persons;
        2. (ii) Is licensed to sell beer;
        3. (iii) Is located in a structure of not less than six thousand square feet (6,000 sq. ft.);
        4. (iv) Is located on Drew Howard Road; and
        5. (v) Is located in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
      92. (NNNN) A commercially operated marina, resort, and recreational facility that:
        1. (i) Is located between day markers fifteen (15) and sixteen (16) on Douglas Lake;
        2. (ii) Operates not less than eighty-eight (88) covered slips, one hundred ten (110) open slips, twelve (12) transient slips, and six (6) house boat slips;
        3. (iii) Operates a full-service store offering fuel, live bait and tackle, food, and beverages;
        4. (iv) Is open not less than three hundred sixty-three (363) days per year;
        5. (v) Rents pontoons, fishing boats, and paddle boards;
        6. (vi) Operates a boat ramp that is open year-round;
        7. (vii) Operates a recreational vehicle (RV) campground with not less than seventy (70) RV sites;
        8. (viii) Operates not less than seven (7) rental properties; and
        9. (ix) Is located in a county having a population of not less than fifty-one thousand four hundred (51,400) nor more than fifty-one thousand five hundred (51,500), according to the 2010 federal census or any subsequent federal census;
      93. (OOOO) A commercially operated facility possessing each of the following characteristics:
        1. (i) The facility operates a full service hotel;
        2. (ii) The facility operates a restaurant with not less than thirty-two (32) seats in the dining room, eight (8) seats in the bar, and twenty-eight (28) outdoor seats located under a wrap-around porch;
        3. (iii) The facility operates a nine-hole golf course and a golf lodge;
        4. (iv) The facility serves as a wedding and events venue; and
        5. (v) The facility is located within one (1) mile of Highway 41A and within two (2) miles of Lake O'Donnell in a county with a population of not less than forty-one thousand (41,000) and not more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census;
      94. (PPPP) A commercially operated facility possessing all of the following characteristics:
        1. (i) Has a restaurant open at least six (6) days a week with seating at tables for at least one hundred (100) persons and with additional seasonal seating on a patio for at least eighty (80) persons;
        2. (ii) Is licensed to sell beer;
        3. (iii) Is located in a structure of not less than two thousand five hundred square feet (2,500 sq. ft.);
        4. (iv) Is located on Peavine Road; and
        5. (v) Is located in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
      95. (QQQQ)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) The facility has approximately sixty-one thousand square feet (61,000 sq. ft.) of interior space;
          2. (b) The facility is located not more than six thousand feet (6,000′) southwest of a federal interstate highway and not more than two hundred feet (200′) west of a federal highway;
          3. (c) The property that the facility is located on is not less than five hundred seventy-five feet (575′) and not more than six hundred fifteen feet (615′) above sea level;
          4. (d) The facility was originally constructed in 2017;
          5. (e) The facility has one (1) permanent structure containing five (5) stories and includes at least one (1) commercial kitchen, an atrium with a glass ceiling having a height of at least thirty feet (30′) with live trees, and a rooftop deck with table service;
          6. (f) The facility is located in or adjacent to a commercial real estate development containing approximately one hundred (100) specialty stores and eateries, and a movie theater;
          7. (g) The facility is located within one hundred feet (100′) of a commercial bank that is a member of the federal deposit insurance corporation;
          8. (h) The facility is approximately one thousand eight hundred twenty feet (1,820′) to the northeast of Sugartree Creek;
          9. (i) The facility is approximately four hundred seventy feet (470′) to the northwest of the main building of a public high school that was originally constructed before 1939;
          10. (j) The facility is approximately one thousand four hundred fifty feet (1,450′) to the southwest of a public library that was originally constructed before 2000;
          11. (k) The facility is located within a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census; and
          12. (l) The facility must not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
        2. (ii) The premises of any facility licensed under this subdivision (29)(QQQQ) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      96. (RRRR) An agritourism facility possessing all of the following characteristics:
        1. (i) Is located on at least three hundred (300) owned or leased acres;
        2. (ii) Is located within a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
        3. (iii) Is bounded on one (1) side by at least three-quarters (¾) of a mile of the Cumberland River and on the other side by one-half (½) of a mile of a state scenic highway;
        4. (iv) Has been certified as an organic farm for a period of at least three (3) years prior to the date of the initial application for a license;
        5. (v) Is primarily zoned agricultural and operates an on-farm market on that site in addition to possessing substantial acreage of green space at the date of initial application for a license; and
        6. (vi) Maintains meeting centers for community events;
      97. (SSSS)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) The facility is located on approximately six (6) acres of land that is adjacent to two (2) permanent structures which are owned by the same owner of the facility having approximately seventy thousand square feet (70,000 sq. ft.) of retail and office commercial space, and is located no more than three hundred feet (300′) from a federal highway;
          2. (b) The facility has at least one (1) permanent structure with approximately sixty thousand square feet (60,000 sq. ft.) located no more than five hundred feet (500′) from a federal highway and less than two thousand five hundred feet (2,500′) south of a commercial railroad track. The structure is not less than five hundred twenty-five feet (525′) and not more than five hundred seventy-five feet (575′) above sea level. The structure was renovated in 2016 and 2017;
          3. (c) The facility formerly housed a supermarket business that closed in 2012;
          4. (d) The facility is approximately two thousand two hundred feet (2,200′) to the south of a facility that is accredited by the Association of Zoos and Aquariums that is open to the public;
          5. (e) The facility is located no more than seven thousand feet (7,000′) from a railyard of a Class 1 railroad, as defined by the surface transportation board of the United States department of transportation; and
          6. (f) The facility is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(SSSS) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (29)(SSSS). The licensee and any other entity in the facility licensed under chapter 4 of this title may, upon filing notice with the commission, share a common licensed area on the premises of the facility. The commission shall enforce chapter 4 of this title against each licensee on the premises of the facility and shall not cite, penalize, or take any other adverse action against a licensee for any violation committed by another licensee within a common licensed area on the premises of the facility. There is a rebuttable presumption of liability for a specific licensee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the licensee, the commission may determine which licensee to cite for an underage sale. If the commission is unable to determine which licensee committed a violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more licensees that share the common licensed area where the violation occurred;
        3. (iii) The licensee and any other licensed entity in the facility that holds a license under this chapter may store beer and alcoholic beverages in a central storage location in the facility. Each licensed entity shall store its inventory of beer and alcoholic beverages in a separately locked cage or other storage area;
        4. (iv) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(SSSS) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one beer permit issued under chapter 5 of this title. The beer permittee and any other entity in the facility that holds a beer permit issued by the local beer board may, upon filing notice with the beer board, share a common permitted area on the premises of the facility. The beer board shall enforce chapter 5 of this title against each permittee on the premises of the facility and shall not cite, penalize, or take any other adverse action against a permittee for any violation committed by another permittee within a common permitted area on the premises of the facility. There is a rebuttable presumption of liability for a specific permittee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the permittee, the beer board may determine which permittee to cite for an underage sale. If the beer board is unable to determine which permittee committed a violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more permittees that share the common permitted area where the violation occurred;
        5. (v) Notwithstanding § 57-3-806(e), the owner of the facility may prohibit or restrict, through its lease or other agreements with other businesses, the on-premise sale of beer or alcoholic beverages by other businesses at the facility;
        6. (vi) Notwithstanding § 57-4-101(n), table service is not required for the service of alcoholic beverages or beer as authorized by this subdivision (29)(SSSS); and
        7. (vii) The facility, landlord, or any licensee shall provide periodic security for the entire licensed premises;
      98. (TTTT)
        1. (i) A commercially operated recreational facility, whether open to the public or limited to members and guests of a corporation, limited liability company, or association, or of a development in which it is located, owned, and operated by a corporation, limited liability company, or association, having all of the following characteristics:
          1. (a) The facility is located in or adjacent to a residential real estate development containing between seven hundred (700) and eight hundred (800) acres, a portion of which was formerly the home of a music industry entertainer who began her career with a successful recording at the age of thirteen (13);
          2. (b) The facility has at least one (1) permanent structure, open to the public or to members and their guests, having at least two thousand square feet (2,000 sq. ft.);
          3. (c) The closest boundary of the real estate development in which the facility is located must be located no more than three thousand feet (3,000′) from the right-of-way of Interstate 840 and situated between Cox and Patton roads;
          4. (d) The facility maintains a golf course having at least eighteen (18) holes, which has a current or past golf professional on staff at the golf course;
          5. (e) The facility has at least one (1) room or rooms that are regularly kept, used, and maintained as a place where meals are regularly served, with adequate and sanitary kitchen facilities and seating at tables for at least thirty (30) persons;
          6. (f) The facility is located on property with elevations that vary between less than seven hundred fifty feet (750′) above sea level to more than nine hundred fifty feet (950′) above sea level;
          7. (g) The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
          8. (h) The planning commission of a county in which the facility is located has approved of subdividing the property into more than four hundred (400) residential lots that can be offered for sale for home construction; and
          9. (i) The facility does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
        2. (ii) The premises of any facility licensed under this subdivision (29)(TTTT) shall mean any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      99. (UUUU)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) The facility is located on approximately twenty-seven (27) acres of land that is adjacent to a tributary of Arrington Creek and located along U.S. Route 96;
          2. (b) The facility has at least one (1) permanent structure constructed in 2016 with at least eight thousand four hundred square feet (8,400 sq. ft.) of climate-controlled space;
          3. (c) The facility is on property that has a lake with an island having approximately nine thousand square feet (9,000 sq. ft.) of space that contains outdoor amenities, including a sound system;
          4. (d) The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census; and
          5. (e) The facility does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
        2. (ii) The premises of any facility licensed under this subdivision (29)(UUUU) means any or all of the property that constitutes the facility, including a barn, man-made island, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      100. (VVVV)
        1. (i) A commercially operated facility possessing the following characteristics:
          1. (a) The facility is located on at least twenty (20) acres;
          2. (b) The facility provides overnight accommodations with no less than fifty (50) guest rooms;
          3. (c) The facility serves at least one (1) meal per day in a dining room that seats at least seventy-five (75) persons;
          4. (d) The facility is located on property that is within one-quarter (¼) mile of the intersection of Carters Creek Pike and Southall Road; and
          5. (e) The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(VVVV) means any or all of the property that constitutes the facility, including restaurants, cabins, lodges, clubhouses, swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) Any facility licensed under this subdivision (29)(VVVV) may be issued one (1) or more licenses for consumption on the premises;
        4. (iv) Any facility licensed under this subdivision (29)(VVVV) may seek an additional license as a caterer under subdivision (6);
        5. (v) Any facility licensed under this subdivision (29)(VVVV) may hold any of the licenses authorized under this subdivision (29)(VVVV) or may grant a franchise to one (1) or more entities for any or all such licenses;
        6. (vi) Any facility licensed under this subdivision (29)(VVVV) may deliver sealed bottles to any area within the licensed premises of the facility;
      101. (WWWW) A commercially operated facility possessing each of the following characteristics:
        1. (i) The facility operates a restaurant with not less than fifty (50) seats in the dining room, not less than six (6) seats at the bar, and outdoor seating on the wrap-around porch;
        2. (ii) The restaurant is equipped to serve breakfast, lunch, and dinner and does so on a regular basis;
        3. (iii) The facility operates an eighteen-hole golf course and has a large, log cabin style clubhouse with not less than seven thousand square feet (7,000 sq. ft.);
        4. (iv) The facility serves as a wedding and event venue; and
        5. (v) The facility is located not more than six (6) miles from Interstate 40 and Interstate 840 and is situated in a county having a population of not less than one hundred thirteen thousand nine hundred (113,900) and not more than one hundred fourteen thousand (114,000), according to the 2010 federal census and any subsequent federal census;
      102. (XXXX) A facility operated either commercially or on a nonprofit basis that:
        1. (i) Is a community theatre and event center that officially opened in 1934;
        2. (ii) Was renovated and reopened in 1974;
        3. (iii) As of April 12, 2018, operates as a 501(c)(3) nonprofit organization;
        4. (iv) Is a historic community and private event venue; and
        5. (v) Is located in a municipality with a population of not less than fifteen thousand sixty (15,060) and not more than fifteen thousand sixty-nine (15,069), according to the 2010 and any subsequent federal census;
      103. (YYYY) A commercially operated facility that is:
        1. (i) Located on approximately two hundred forty-seven (247) acres, subject to a conservation easement on approximately two hundred (200) of the acres;
        2. (ii) Located on a peninsula adjacent to the Tennessee River;
        3. (iii) Located on property across which an abandoned railroad bed lies;
        4. (iv) A venue for weddings, meetings, and events; and
        5. (v) Located in a county with a population of not less than one hundred twenty-three thousand one (123,001) nor more than one hundred twenty-three thousand one hundred (123,100), according to the 2010 or any subsequent federal census;
      104. (ZZZZ) A commercially operated facility that:
        1. (i) Is located on at least sixty (60) acres of land which came from an original land grant with a home on the property built in 1781;
        2. (ii) Has a stream with a dam on the premises;
        3. (iii) Has a restaurant that was primarily built from two wrecked barns, that serves a full menu of hot foods at least four (4) days per week, that possesses a full service kitchen, that has seating inside for at least sixty (60) persons at tables, and that has outdoor patio seats for at least twenty-five (25) persons;
        4. (iv) Has a pavilion that seats at least one hundred twenty-five (125) persons;
        5. (v) Hosts various events, including, but not limited to, weddings, civic and other club meetings, church groups, and car shows; and
        6. (vi) Is located in a county with a population of not less than fifty-six thousand eight hundred (56,800) and not more than fifty-six thousand nine hundred (56,900), according to the 2010 or any subsequent federal census;
      105. (AAAAA) A commercially operated facility that:
        1. (i) Is located on approximately fifty-five (55) to seventy-five (75) acres;
        2. (ii) Is located on the banks of the Powell River;
        3. (iii) Has a restaurant that serves a full menu of hot foods at least four (4) days per week, that possesses a full service kitchen which includes at least a stove top, an oven, a refrigerator, and a freezer, that has at least three thousand five hundred square feet (3,500 sq. ft.) inside, that has an outdoor deck of at least one thousand five hundred square feet (1,500 sq. ft.), that has seating inside for at least eighty (80) persons at tables, and that has outside deck seating for at least eighty (80) persons at tables;
        4. (iv) Possesses a beer license;
        5. (v) Makes available kayaks and tubes for rent for floating on the Powell River; and
        6. (vi) Is located in a county with a population of not less than thirty-two thousand two hundred (32,200) and not more than thirty-two thousand three hundred (32,300), according to the 2010 or any subsequent federal census;
      106. (BBBBB)
        1. (i) A commercially operated facility that:
          1. (a) Is located on at least one-half (½) acre of land with at least one hundred sixty feet (160′) of road frontage and is in a building with a convenience store with separate entrances;
          2. (b) Has a restaurant with a license to serve beer, and which serves a full menu of hot foods at least five (5) days per week, except for seasonal closings and renovations, and possesses a full-service kitchen with seating in the main dining area for at least fifty (50) persons at tables, a bar seating area of at least forty (40) persons at the bar and tables, an outdoor patio area with seats and picnic tables for at least forty (40) persons, an outdoor tiki bar with seating for at least eight (8) persons at the bar, and a covered porch off the bar area with at least eight (8) seats, and which hosts live music on a regular weekly basis;
          3. (c) Has an enclosed recreational and events building, with its own entrances, including garage doors, of at least two thousand three hundred square feet (2,300 sq. ft.), which is fully plumbed and in which pool, darts, and corn hole are played, and which hosts various private events and ticketed public events with an admission fee; and
          4. (d) Is located in a county with a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(BBBBB) means any and all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      107. (CCCCC)
        1. (i) A commercially operated facility that:
          1. (a) Is located on at least one hundred seventy-five (175) acres of land that is situated on Pennington Bend adjacent to the Cumberland River;
          2. (b) Serves as a venue for weddings, meetings, tournaments, and events;
          3. (c) Includes an 18-hole golf course, a clubhouse with a restaurant that serves lunch and dinner with seating for at least sixty (60) guests, a golf shop, locker rooms, a covered outdoor pavilion with seating for at least two hundred (200) guests, and meeting rooms;
          4. (d) Is located less than one (1) mile from a hotel containing at least two thousand eight hundred (2,800) rooms, six hundred forty thousand square feet (640,000 sq. ft.) of meeting space, and nine (9) acres of indoor gardens;
          5. (e) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census; and
          6. (f) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
        2. (ii) The premises of any facility licensed under this subdivision (29)(CCCCC) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (29)(CCCCC);
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(CCCCC) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        4. (iv) Any facility licensed under this subdivision (29)(CCCCC) may seek an additional license as a caterer under § 57-4-102(6); and
        5. (v) Any facility licensed under this subdivision (29)(CCCCC) may hold any of the licenses authorized under this subdivision (29)(CCCCC) and may grant a franchise to one (1) or more entities for any or all such licenses;
      108. (DDDDD)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) The facility is located on approximately three hundred and sixty (360) acres of land that is adjacent to a reservoir of the Tennessee River created by Watts Bar Dam;
          2. (b) The facility is located less than two (2) miles west of an area designated as a wildlife management area by the Tennessee fish and wildlife commission that is open to the public;
          3. (c) The facility is located within five (5) miles of Highway 72 in a county with a population of not less than fifty-four thousand one hundred (54,100) and not more than fifty-four thousand two hundred (54,200), according to the 2010 federal census or any subsequent federal census;
          4. (d) The facility is approximately twelve thousand feet (12,000′) southeast of a private airport identified by the federal aviation administration;
          5. (e) The property that the facility is located on is not less than seven hundred twenty-five feet (725′) above sea level nor more than one thousand feet (1,000′) above sea level;
          6. (f) The facility includes a restaurant, day spa, tennis courts, barn, farmhouse, fish pond, boat dock, hiking trails, cottages, and a full service inn, with at least twenty (20) rooms for lodging;
          7. (g) The facility serves as a venue for weddings, meetings, conferences, and events; and
          8. (h) The restaurant at the facility serves breakfast and dinner and caters for events, with seating for at least two hundred (200) guests;
        2. (ii) The premises of any facility licensed under this subdivision (29)(DDDDD) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (29)(DDDDD);
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(DDDDD) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title; and
        4. (iv) The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (29)(DDDDD);
      109. (EEEEE) A commercially operated facility having the following characteristics:
        1. (i) The facility was built in 1894 and has been restored to represent its original features;
        2. (ii) The facility has a seating capacity for approximately one hundred (100) persons;
        3. (iii) The facility is a venue for weddings, receptions, reunions, and other similar events, and opened for business in January of 2017; and
        4. (iv) The facility is located in a county with a population of not less than fifty-two thousand seven hundred (52,700) and not more than fifty-two thousand eight hundred (52,800), according to the 2010 or any subsequent federal census;
      110. (FFFFF) A commercially operated facility possessing each of the following characteristics:
        1. (i) The facility is a restaurant floating on Tims Ford Lake at a commercially operated marina on Sail Away Lane;
        2. (ii) The facility is accessible by both water and land, with docking areas for watercraft and parking areas for vehicles;
        3. (iii) The facility is licensed to sell beer; and
        4. (iv) The facility is located in a county having a population of not less than forty-one thousand (41,000) and not more than forty-one thousand one hundred (41,100), according to the 2010 or any subsequent federal census;
      111. (GGGGG)
        1. (i) A commercially operated recreational facility, whether operated by a corporation, limited liability company, or association, having all of the following characteristics:
          1. (a) The facility is located on Cordell Hull Lake on property leased from the United States army corps of engineers;
          2. (b) The facility has at least one hundred twenty (120) boat slips ranging in size up to sixty feet (60′) in length;
          3. (c) The facility includes a full-service restaurant open to the public;
          4. (d) The facility maintains at least four (4) two-bedroom cabins and at least four (4) hotel rooms available for rent to the public;
          5. (e) The facility is located within a county having a population of not less than eleven thousand six hundred (11,600) nor more than eleven thousand seven hundred (11,700), according to the 2010 federal census or any subsequent federal census; and
          6. (f) The facility does not discriminate against any patron on the basis of age, gender, sexual orientation, race, religion, or national origin;
        2. (ii) The premises of any facility licensed under this subdivision (29)(GGGGG) includes all of the property constituting the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      112. (HHHHH)
        1. (i) A commercially operated facility that:
          1. (a) Has a full-service restaurant that stands alone, or is part of a larger building or complex, but has its own entrance;
          2. (b) Has a full-service kitchen that possesses at least one (1) of each the following: a stove; an oven; a refrigerator; and a freezer;
          3. (c) Is open at least five (5) days per week, and serves at least twelve (12) meals each week;
          4. (d) Has seating for at least seventy-five (75) persons at tables and has seating in the bar area at the bar, on stools around tables, or chairs around tables;
          5. (e) Is located on at least eighteen (18) acres; and
          6. (f) Is located in a county having a population of not less than thirty-two thousand two hundred (32,200) and not more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(HHHHH) means any or all of the property that constitutes the facility; and
        3. (iii) The property described under this subdivision (29)(HHHHH) may be divided into individual parcels or groups of parcels, and any commercial facility located on any of these parcels that meets the criteria in this subdivision (29)(HHHHH) is deemed to be a premier type tourist resort for purposes of obtaining a license;
      113. (IIIII) A commercially operated facility possessing each of the following characteristics:
        1. (i) The facility is located within six and one-half (6.5) miles of Interstate 24 in any county having a population of not less than thirteen thousand seven hundred (13,700) nor more than thirteen thousand seven hundred fifty (13,750), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The facility is located on Charlie Roberts Road;
        3. (iii) The facility is licensed to sell beer; and
        4. (iv) The facility is a music, concert, and entertainment venue located in a cave that is home to a public television program;
      114. (JJJJJ) A commercially operated restaurant that:
        1. (i) Was built in 1892;
        2. (ii) Has not less than one thousand two hundred ninety-five square feet (1,295 sq. ft.);
        3. (iii) Has seating for not less than thirty-two (32) persons;
        4. (iv) Is located not more than five hundred feet (500′) from Dobbins Branch; and
        5. (v) Is located in a county with not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 or any subsequent federal census;
      115. (KKKKK) A commercially operated facility that:
        1. (i) Was built in 1977;
        2. (ii) Operates a market and country store;
        3. (iii) Is located on approximately three and one-half (3½) acres;
        4. (iv) Is located not more than three thousand feet (3,000′) from the junction of the Harpeth River and Wilkie Branch;
        5. (v) Serves prepared food on the premises; and
        6. (vi) Is located in a county with not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 or any subsequent federal census;
      116. (LLLLL) [Reserved]
      117. (MMMMM) A commercially operated facility that:
        1. (i) Is a resort comprised of approximately four hundred sixty (460) acres adjacent to the Cumberland River;
        2. (ii) Operates two (2) eighteen-hole championship golf courses;
        3. (iii) Operates a restaurant that seats forty-six (46) persons;
        4. (iv) Is utilized as a venue for weddings and similar events with garden seating for up to two hundred (200) persons, banquet room seating for up to one hundred fifty (150) persons, and gallery seating for up to sixty (60) persons;
        5. (v) Was originally established in 1986; and
        6. (vi) Is located in a county with a metropolitan form of government and a population of not less than five hundred thousand (500,000) persons, according to the 2010 or any subsequent federal census;
      118. (NNNNN) A commercially operated facility that:
        1. (i) Operates a restaurant with seating for approximately fifty (50) patrons, with an extended porch for additional seating;
        2. (ii) Operates an event center that serves as a venue for weddings, concerts, and similar events;
        3. (iii) Is located within one (1) mile of Dale Hollow Lake, and within one hundred feet (100′) of the Dale Hollow Quarry;
        4. (iv) Is located on approximately eighty-five (85) acres; and
        5. (v) Is located in a county with a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 or any subsequent federal census;
      119. (OOOOO)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) The facility is located on approximately twenty-two (22) acres of land;
          2. (b) The facility is located less than three (3) miles south of an area designated as a state park consisting of approximately nine hundred (900) acres that is open to the public and adjacent to a state forest having at least nine thousand (9,000) acres;
          3. (c) The facility is located within five (5) miles of Interstate 840 in a county with a population of not less than one hundred thirteen thousand nine hundred fifty (113,950) and not more than one hundred forty thousand (140,000), according to the 2010 federal census or any subsequent federal census;
          4. (d) The facility is approximately fifteen thousand feet (15,000 ft.) east of a private motor racing complex originally constructed in approximately 2001 with a seating capacity of more than ten thousand (10,000);
          5. (e) The facility includes a cabin, pier, bridge, amphitheater, commercial kitchen, shop, pond, hall with an adjacent courtyard, a climate-controlled event center, and a manor constructed in the 1830s having at least seven (7) guest rooms for lodging;
          6. (f) The facility serves as a venue for weddings, meetings, conferences, and events; and
          7. (g) The restaurant at the manor serves breakfast and dinner, and caters for events, with seating for at least forty-five (45) guests. The facility has two (2) event centers that can accommodate at least two hundred (200) guests at each center;
        2. (ii) The premises of any facility licensed under this subdivision (29)(OOOOO) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (29)(OOOOO);
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(OOOOO) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        4. (iv) The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (29)(OOOOO); and
        5. (v) Any facility licensed under this subdivision (29)(OOOOO) may seek an additional license as a caterer pursuant to subdivision (6);
      120. (PPPPP)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) Is located on Norris Lake;
          2. (b) Has a marina with not less than one hundred seventy (170) slips;
          3. (c) Has not less than seven (7) houses and twenty-two (22) floating houses available for rent;
          4. (d) Has a restaurant with indoor and outdoor seating for at least one hundred seventy (170) patrons;
          5. (e) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
          6. (f) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census; and
        2. (ii) The premises of any facility licensed under this subdivision (29)(PPPPP) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (29)(PPPPP);
      121. (QQQQQ)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) Operates a hotel with sixteen (16) guest rooms, with each floor other than the first floor equipped with a chef's kitchen, living room with a fireplace, and dining table;
          2. (b) Operates a catering kitchen for events on the premises;
          3. (c) Has event space of over eight hundred square feet (800 sq. ft.) located on the first and fourth floors;
          4. (d) Is a venue for weddings, dinner parties, business retreats, reunions, and similar events; and
          5. (e) Is located in a city with a metropolitan form of government and a population of not less than five hundred thousand (500,000), according to the 2010 or any subsequent federal census; and
        2. (ii) The premises of any facility licensed under this subdivision (29)(QQQQQ) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises are covered under one (1) license issued under this subdivision (29)(QQQQQ);
      122. (RRRRR)
        1. (i) A commercially operated facility that:
          1. (a) Is an event and music venue that holds concerts and hosts a farmers market;
          2. (b) Is located in a building built in the early 1900s by David Hugh Corlette;
          3. (c) Contains a specialty grocery store and offers fresh food service, with seating for approximately eighteen (18) patrons;
          4. (d) Began operating in August of 2018;
          5. (e) Has approximately three thousand three hundred square feet (3,300 sq. ft.) of commercial floor space;
          6. (f) Sits adjacent to Horton Highway;
          7. (g) Is within five hundred feet (500′) of a community center and artsitorium; and
          8. (h) Is located in a county with a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 and any subsequent federal census; and
        2. (ii) The premises of a facility licensed under this subdivision (29)(RRRRR) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      123. (SSSSS) A commercially operated facility possessing each of the following characteristics:
        1. (i) Has a marina with at least eighty-five (85) boat slips on Dale Hollow Lake at the confluence of the East and West Forks of the Obey River;
        2. (ii) Has a restaurant with seating for approximately eighty (80) patrons;
        3. (iii) Has assorted boats and at least twelve (12) cabins available for rent; and
        4. (iv) Is located in a county having a population of not less than five thousand (5,000) and not more than five thousand one hundred (5,100), according to the 2010 federal census or any subsequent federal census;
      124. (TTTTT) A commercially operated facility possessing each of the following characteristics:
        1. (i) Is located approximately one (1) mile from Dale Hollow Lake, containing an area of ninety (90) acres;
        2. (ii) Has a six-thousand-square-foot barn with a commercial kitchen used for events;
        3. (iii) Has at least two (2) cabins for rent; and
        4. (iv) Is located on Bolestown Road in a county having a population of not less than five thousand (5,000) and not more than five thousand one hundred (5,100), according to the 2010 federal census or any subsequent federal census;
      125. (UUUUU) A commercially owned marina containing all of the following characteristics:
        1. (i) Is located on at least twenty-five (25) acres of land located off of Livingston Boat Dock Road in a county having a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Has a two-story restaurant that seats at least one hundred eighty (180) people;
        3. (iii) Has at least three hundred fifty-five (355) boat slips and a full-service marina on Dale Hollow Lake; and
        4. (iv) Includes at least ten (10) rental cabins;
      126. (VVVVV) A commercially owned marina containing all of the following characteristics:
        1. (i) Is located on at least forty (40) acres of land located off of state highway 294 in a county having a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Has a restaurant that seats at least fifty (50) people;
        3. (iii) Has approximately three hundred fifty (350) boat slips and a full-service marina on Dale Hollow Lake; and
        4. (iv) Includes at least eleven (11) rental cabins;
      127. (WWWWW)
        1. (i) A commercially operated facility that:
          1. (a) Is located on approximately two hundred seventy (270) acres of land and sits approximately nineteen (19) miles south of highway 24 in a county with a population of not less than forty-five thousand (45,000) and not more than forty-five thousand one hundred (45,100), according to the 2010 and any subsequent federal census;
          2. (b) Is located on property that is separately licensed to produce, bottle, and store distilled spirits;
          3. (c) Is located on property that offers tours and tastings, as well as the retail sale of merchandise and bottles of spirits and contains the global headquarters for a premium Tennessee whiskey company;
          4. (d) Is located on property that includes a welcome center, three (3) tasting rooms, distillery building, barrel storage facilities, a pond, museum, bar, restaurant, commercial kitchen, miniature golf course, and live music venue;
          5. (e) Is located on property that serves as a horse breeding and training facility;
          6. (f) Is located on property that is a production site and a venue for weddings, meetings, conferences, concerts, and special events; and
          7. (g) Has a restaurant that serves lunch and dinner, and caters for events with seating for at least forty-five (45) guests;
        2. (ii) The commission and any beer board having jurisdiction over the facility may issue one (1) or more licenses to one (1) or more different persons or entities that meet the qualifications of this subdivision (29)(WWWWW) provided, that the persons or entities obtaining licenses under this subdivision (29)(WWWWW)(ii) and any manufacturer licensed under § 57-3-202 comply with the requirements of § 57-4-110;
        3. (iii) The premises of a facility licensed under this subdivision (29)(WWWWW) means any or all of the property that constitutes the facility; provided, that the premises must not include the premises of a manufacturer licensed under § 57-3-202 or any other facility licensed under this subdivision (29)(WWWWW), except as authorized pursuant to § 57-4-101(p). The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        4. (iv) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(WWWWW) means for beer permitting purposes any or all of the property that constitutes the facility; provided, however, that the premises must not include the premises of a licensee under § 57-3-202 or any other facility licensed under this subdivision (29)(WWWWW), except as authorized pursuant to § 57-4-101(p). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
      128. (XXXXX) A commercially operated restaurant, resort, and boat dock with fuel having the following characteristics:
        1. (i) Possesses at least twenty (20) acres of U.S. corps of engineers leased water and water frontage on Old Hickory Lake and two thousand feet (2,000′) of river channel at the southeast corner of the confluence of Old Hickory Lake and State Highway 109;
        2. (ii) Has operated for at least sixty (60) straight years on this site;
        3. (iii) Possesses at least sixty-five (65) full service paved camp sites;
        4. (iv) Possesses boat slips for at least two hundred fifty (250) boats; and
        5. (v) Is located on at least ten (10) acres of real property at that site;
      129. (YYYYY) A commercially operated facility that:
        1. (i) Includes an eighteen-hole golf course, a seven-thousand-square-foot clubhouse with a pro shop, banquet room, and restaurant with seating for at least forty (40) patrons;
        2. (ii) Contains at least one hundred (100) acres and less than two hundred (200) acres; and
        3. (iii) Is located less than one (1) mile from Fort Loudon Lake on Kingston Pike in a county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census;
      130. (ZZZZZ) A commercially operated independent and assisted living facility possessing the following characteristics:
        1. (i) Is located in a county having a population of not less than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Has both independent and assisted living facilities available and provides memory care and respite service;
        3. (iii) Has several full-service restaurants and dining rooms to service the residents but that are also open to the public and that serve three (3) chef-prepared meals per day;
        4. (iv) Has a complete wellness and fitness facility available that accommodates physical and occupational therapy;
        5. (v) Has complete recreational facilities for its residents;
        6. (vi) Has not less than one hundred thirty-five (135) individual living unit apartments for residents;
        7. (vii) Does not discriminate against any patron on the basis of gender, race, religion, or national origin; and
        8. (viii) Has a full-service barber and beauty salon;
      131. (AAAAAA)
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) The facility is located on approximately five hundred (500) acres of land;
          2. (b) The facility is located less than three (3) miles north of an area designated as The South Cumberland State Park consisting of approximately thirty thousand (30,000) acres that is open to the public;
          3. (c) The facility is located within five (5) miles of Interstate 24 in a county having a population of not less than thirteen thousand seven hundred (13,700) nor more than thirteen thousand seven hundred fifty (13,750), according to the 2010 federal census or any subsequent federal census;
          4. (d) The facility includes two (2) cabins, a tiny house, a stage, three (3) fishing ponds, a check-in facility, a bathhouse, fifty (50) RV hookups, multiple hiking trails, frisbee golf, and a wedding pavilion;
          5. (e) The facility serves as a venue for weddings, meetings, and conferences; and
          6. (f) The facility has two (2) event centers that can accommodate at least one hundred fifty (150) guests at each center;
        2. (ii) The premises of any facility licensed under this subdivision (29)(AAAAAA) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (29)(AAAAAA);
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(AAAAAA) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        4. (iv) The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (29)(AAAAAA); and
        5. (v) Any facility licensed under this subdivision (29)(AAAAAA) may seek an additional license as a caterer under this chapter;
      132. (BBBBBB) A commercially operated facility having the following characteristics:
        1. (i) Contains a restaurant in a free-standing building with retail space and consisting of approximately three thousand square feet (3,000 sq. ft.); and
        2. (ii) Is located at the intersection of state highways 46 and 100 in a county having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census;
      133. (CCCCCC) A commercially operated facility having the following characteristics:
        1. (i) Contains a full-service restaurant with seating for at least twenty-nine (29) patrons inside and fourteen (14) patrons outside and that does not use a freezer or a fryer; and
        2. (ii) Is located less than one thousand feet (1,000′) from a United States Post Office and approximately one mile (1 mi.) from a state natural area featuring a small remnant forest having old growth forest characteristics in a county having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census;
      134. (DDDDDD) A commercially operated facility having the following characteristics:
        1. (i) Contains a full-service restaurant that features live music and that is adjacent to a custom motorcycle shop; and
        2. (ii) Is located less than three hundred feet (300′) from a United States Post Office and approximately one mile (1 mi.) from a state natural area featuring a small remnant forest having old growth forest characteristics in a county having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census;
      135. (EEEEEE) A commercially operated facility possessing each of the following characteristics:
        1. (i) Contains a restaurant that has been in operation since at least 2012 with at least forty-two (42) seats inside and seventy-five (75) seats outside;
        2. (ii) Contains a banquet hall that is used for weddings, banquets, meetings, and other events and is at least three thousand square feet (3,000 sq. ft.); and
        3. (iii) Is located approximately seven hundred (700) yards from state highway 641 South and is adjacent to a winery in a county having a population of not less than thirty-two thousand three hundred one (32,301) nor more than thirty-two thousand four hundred (32,400), according to the 2010 federal census or any subsequent federal census;
      136. (FFFFFF) A commercially operated marina having the following characteristics:
        1. (i) Has open and covered boat slips, a store, a restaurant, and a fuel dock;
        2. (ii) Has cabins and RV campsites available for rent; and
        3. (iii) Is located on Cordell Hull Lake approximately three thousand feet (3,000′) from the confluence of Defeated Creek and the Cumberland River in a county having a population of not less than nineteen thousand one hundred fifty-one (19,151) nor more than nineteen thousand two hundred (19,200), according to the 2010 federal census or any subsequent federal census;
      137. (GGGGGG) A commercially operated restaurant having the following characteristics:
        1. (i) Has a structure of not less than two thousand square feet (2,000 sq. ft.) that has seating at tables and at the bar for at least ninety-six (96) guests and serves at least one (1) meal a day seven (7) days a week, with the exception of holidays, vacations, and periods of redecorating; and
        2. (ii) Is located approximately two thousand five hundred feet (2,500′) from two (2) islands in Old Hickory Lake in a county having a population of not less than one hundred thirteen thousand nine hundred (113,900) nor more than one hundred fourteen thousand (114,000), according to the 2010 federal census or any subsequent federal census;
      138. (HHHHHH) A commercially operated marina possessing each of the following characteristics:
        1. (i) Is located on Norris Lake in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Has at least sixty (60) covered boat slips and at least twelve (12) uncovered boat slips;
        3. (iii) Has a ship store offering gasoline and other boating supplies and a restaurant with seating for at least eighty (80) patrons, including indoor and outdoor seating; and
        4. (iv) Is located approximately one and one-half (1½) miles from a county-owned, public-use airport with a runway four thousand feet (4,000′) in length;
      139. (IIIIII)
        1. (i) A commercially operated facility that:
          1. (a) Has a limestone quarry that sits approximately one thousand seven hundred feet (1,700′) southeast of Interstate 65, two thousand seven hundred feet (2,700′) south of Interstate 840, and four and six-tenths (4.6) miles north of the junction of US 431 and State Route 247;
          2. (b) Is a venue for live music, weddings, meetings, and other events;
          3. (c) Serves or sells food to patrons;
          4. (d) Has an outdoor amphitheater with a capacity for at least seven thousand (7,000) guests;
          5. (e) Has exclusive or non-exclusive rights to possess or use a commercial kitchen or service kitchen where food is staged and served; and
          6. (f) Is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(IIIIII) means any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) Any facility as described in this subdivision (29)(IIIIII), may hold any of the licenses authorized under this subdivision (29)(IIIIII) and shall have the privilege of granting a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including alcoholic beverages and beer, on its premises; provided, that any separate entity must apply to the commission for a separate license, except for an entity already licensed under subdivision (6). For purposes of this subdivision (29)(IIIIII)(iii), the licensee is not required to have exclusive control of a commercial kitchen or any service kitchen, where food is staged and served, as a condition of the license;
        4. (iv) Any licensed entity that holds a license under this subdivision (29)(IIIIII) may store alcoholic beverages and beer at one (1) or more storage locations in the facility and in any commercial kitchen or service kitchen within the facility; provided, that each licensed entity shall store its inventory of alcoholic beverages and beer in a separately locked cage or other storage area;
        5. (v) Notwithstanding § 57-4-101(p), any facility licensed under this subdivision (29)(IIIIII) may serve wine, high gravity beer and beer in its original container, and spirit-based beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) and an alcohol content that does not exceed fifteen percent (15%) by volume, or in unlabeled cups or glassware, or in labeled cups or glassware identifying the licensee as the entity selling the alcoholic beverages or beer for on-premise consumption anywhere within the facility. Any franchisee holding a license under this subdivision (29)(IIIIII) shall comply with the requirements of § 57-4-101(p); provided, however, that a sticker identifying the licensee, which is reasonably designed to stay affixed to a container, cup, or glassware, must comply with § 57-4-101(p);
        6. (vi) The commission shall enforce chapter 4 of this title against each licensee under this subdivision (29)(IIIIII) and shall not cite, penalize, or take any other adverse action against a licensee for any violation committed by another licensee on the licensed premises. There is a rebuttable presumption of liability for a specific licensee for any underage sale or other violation based on the unlabeled or labeled container, or unlabeled or labeled cup or glassware, as required pursuant to subdivision (29)(IIIIII)(v), provided to the minor. In the absence of a container, glass, or cup identifying the licensee, the commission has the discretion to determine which licensee to cite for an underage sale or other such violation. If the commission is unable to determine which licensee committed the violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more licensees that share the premises where the violation occurred;
        7. (vii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility described under this subdivision (29)(IIIIII) means, for the purpose of obtaining a beer permit, any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The beer board shall enforce chapter 5 of this title against each licensee as a beer permittee and shall not cite, penalize, or take any other adverse action against a licensee for any violation committed by another licensee on the licensed premises. There is a rebuttable presumption of liability for a specific licensee for any underage sale or other violation based on the unlabeled or labeled container, or unlabeled or labeled cup or glassware, as required pursuant to subdivision (29)(IIIIII)(v), provided to the minor. In the absence of a container, glass, or cup identifying the licensee, the local beer board has the discretion to determine which licensee to cite for an underage sale or other such violation. If the beer board is unable to determine which licensee committed the violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more licensees that share the premises where the violation occurred;
        8. (viii) Notwithstanding § 57-4-203(e)(1), any licensee licensed under this subdivision (29)(IIIIII) may sell and distribute wine in any unsealed container for consumption on the licensed premises;
        9. (ix) Any licensee licensed under this subdivision (29)(IIIIII) may seek an additional license as a caterer under chapter 4 of this title, and is not required to comply with the requirements of subdivision (6)(A) or show exclusive control of a commercial kitchen or any service kitchen, where food is staged and served, as a condition of the license. Caterers licensed under this subdivision (29)(IIIIII)(ix) may store alcoholic beverages and beer in any shared commercial kitchen or service kitchen. The inventory of alcoholic beverages and beer must be stored in a separately locked cage or other storage area;
        10. (x) Nothing in this subdivision (29)(IIIIII) may be construed to prevent a facility, as described under this subdivision (29)(IIIIII), from designating any area of its premises for purposes authorized under this subdivision (29)(IIIIII), or for the purposes of an entity licensed under this title; provided, that premises designated for use by another entity under this title are no longer part of the premises of any license issued under this subdivision (29)(IIIIII), except as provided in § 57-4-101(p); and
        11. (xi) The facility, landlord, tenant, or any licensee located in the facility shall provide periodic security for the entire licensed premises;
      140. (JJJJJJ)
        1. (i) A commercially operated recreational facility having all of the following characteristics:
          1. (a) The facility is located approximately one mile (1 mi.) from the confluence of Clear Creek and the Obed River and is centrally located in one of this state's rock climbing meccas;
          2. (b) The facility is located on approximately forty (40) acres;
          3. (c) The facility provides at least forty (40) campsites and contains a restaurant and a brewery; and
          4. (d) The facility is located in a county having a population of not less than twenty-one thousand nine hundred (21,900) nor more than twenty-two thousand (22,000), according to the 2010 federal census or any subsequent federal census; and
        2. (ii) The premises of any facility licensed under this subdivision (29)(JJJJJJ) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      141. (KKKKKK) A commercially operated facility possessing each of the following characteristics:
        1. (i) Has an outdoor waterpark site covering at least fifty (50) acres that has a wave pool and other water attractions that contain at least one million seven hundred thousand gallons (1,700,000 gals.) of water; and
        2. (ii) Is located approximately five hundred feet (500′) south of a municipal convention center, approximately two thousand two hundred feet (2,200′) west of a state highway named in honor of a former governor of this state, and in a county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census;
      142. (LLLLLL) A commercially operated facility that:
        1. (i)
          1. (a) Serves as an event venue for weddings, a farmer’s market, photography, birthdays, festivals, and similar events;
          2. (b) Contains a small and large dog park with obstacle courses and a dog wash station;
          3. (c) Contains a tree grove;
          4. (d) Operates a facility that is greater than seventeen thousand square feet (17,000 sq. ft.) containing a dual convention space that can accommodate up to five hundred (500) people, and a restaurant with indoor and outdoor seating for approximately two hundred (200) guests;
          5. (e) Offers scenic mountain overlook views; and
          6. (f) Is located in a municipality with a population of not less than nine thousand eight hundred forty (9,840) and not more than nine thousand eight hundred forty-nine (9,849);
        2. (ii) The premises of any facility licensed under this subdivision (29)(LLLLLL) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may only include property owned or leased by the facility and that is contiguous to the property of the facility that is defined in this subdivision (29)(LLLLLL). The entire designated premises is covered under one (1) license issued under this subdivision (29)(LLLLLL); and
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(LLLLLL) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
      143. (MMMMMM) A commercially operated facility that:
        1. (i) Is an event and wedding venue located on fifty-three (53) acres containing:
          1. (a) A space under roof of over thirteen thousand square feet (13,000 sq. ft.) equipped with heat and air conditioning year-round;
          2. (b) Six thousand five hundred square feet (6,500 sq. ft.) of paver patio;
          3. (c) Sixteen thousand square feet (16,000 sq. ft.) of barefoot cozy turf;
          4. (d) A covered patio of one thousand seven hundred eighty-seven square feet (1,787 sq. ft.) adjacent to the main hall; and
          5. (e) A one-thousand-eight-hundred-square-foot bridal suite, and a groom's lounge with a wet bar, foosball table, and a large television;
        2. (ii) Contains an equestrian center that is seven thousand square feet (7,000 sq. ft.);
        3. (iii) Contains a prep kitchen with two (2) stoves, two (2) ovens, a warming box, high-capacity ice maker, sinks, work stations, and drive-up load area;
        4. (iv) Operates working equine facilities of six thousand five hundred square feet (6,500 sq. ft.), including an arena, and a workshop barn that is two thousand square feet (2,000 sq. ft.); and
        5. (v) Is located in a county with a population of not less than one hundred thirteen thousand nine hundred (113,900) and not more than one hundred fourteen thousand (114,000), according to the 2010 or any subsequent federal census;
      144. (NNNNNN) A commercially operated facility that:
        1. (i) Is located on approximately ten (10) acres contiguous to Kentucky Lake;
        2. (ii) Operates a restaurant on a floating dock with approximately two hundred fifty (250) seats;
        3. (iii) Operates approximately sixty (60) boat slips for customers;
        4. (iv) Operates a gift and souvenir shop;
        5. (v) Is a venue for live music, weddings, and other private and charitable events;
        6. (vi) Operates twenty (20) covered boat slip rentals, twenty-seven (27) campsites, three (3) cabin rentals, and a gas dock; and
        7. (vii) Is located in a county with a population of not less than thirteen thousand three hundred (13,300) and not more than thirteen thousand four hundred (13,400), according to the 2010 or any subsequent federal census;
      145. (OOOOOO) A commercially operated facility that:
        1. (i) Was established in 2017;
        2. (ii) Is situated on approximately eleven (11) acres on the Tennessee River at mile marker seventy-two (72);
        3. (iii) Contains a convenience store and a restaurant with a kitchen and seating for approximately one hundred thirty-three (133) persons inside and fifty-two (52) persons outside;
        4. (iv) Operates an event venue of approximately three thousand square feet (3,000 sq. ft.) for live music and other private events;
        5. (v) Operates sixteen (16) boat slips; six (6) recreational vehicle sites; eighty-six (86) campsites; and eleven (11) rental units; and
        6. (vi) Is located in a county with a population of not less than thirteen thousand three hundred (13,300) and not more than thirteen thousand four hundred (13,400), according to the 2010 or any subsequent federal census;
      146. (PPPPPP) A commercially operated facility that:
        1. (i) Is situated on approximately seven (7) acres off of White Oak Road in a county with a population of not less than eight thousand four hundred (8,400) and not more than eight thousand five hundred (8,500), according to the 2010 or any subsequent federal census;
        2. (ii) Is located approximately one (1) mile from Cane Creek Marina and approximately three (3) miles from the Danville Ferry;
        3. (iii) Operates a restaurant with a commercial kitchen and approximately seventy (70) indoor seats for guests;
        4. (iv) Operates an outdoor stage and barn as an event venue for music, weddings, and other private events; and
        5. (v) Operates a campground with twenty-five (25) recreational vehicle hook-ups and up to five (5) rental units;
      147. (QQQQQQ) A commercially operated marina that:
        1. (i) Opened in 1959;
        2. (ii) Has fifty-two (52) covered boat slips and thirty-two (32) uncovered boat slips;
        3. (iii) Operates a restaurant and bar with seating for approximately fifty (50) guests;
        4. (iv) Operates a recreational vehicle campground with thirteen (13) campsites;
        5. (v) Operates a convenience store;
        6. (vi) Serves as a venue for live music and entertainment; and
        7. (vii) Is located along the Hiawassee River in a county with a population of not less than ninety-eight thousand nine hundred (98,900) and not more than ninety-nine thousand (99,000), according to the 2010 and any subsequent federal census;
      148. (RRRRRR) A commercially operated facility that:
        1. (i) Consists of an arts, event, and entertainment venue located on seven and one-half (7.5) acres with eight hundred eighty feet (880′) of the property contiguous to the Holston River;
        2. (ii) Hosts drive-in movies, live sports broadcasts, and concerts;
        3. (iii) Offers short-term rentals for camping, recreational vehicles, and tiny homes;
        4. (iv) Operates a daylight-usable, high definition LED screen;
        5. (v) Maintains an event pavilion and wooded riverside terrace; and
        6. (vi) Is located in a city with a population of not less than one hundred seventy-eight thousand eight hundred seventy (178,870) and not more than one hundred seventy-eight thousand eight hundred seventy-nine (178,879), according to the 2010 or any subsequent federal census;
      149. (SSSSSS)
        1. (i) A commercially operated facility that:
          1. (a) Is located on a parcel of land containing approximately five (5) acres;
          2. (b) Is within one thousand feet (1,000′) of a state highway that crosses eight (8) counties in northern and northeastern Tennessee;
          3. (c) Is within seven thousand five hundred feet (7,500′) of a tributary of the Big South Fork of the Cumberland River;
          4. (d) Contains a hunting lodge that opened in 2007;
          5. (e) Contains a farmhouse originally built in the 1930s;
          6. (f) Hosts pheasant and quail hunters each year;
          7. (g) Is located within seven (7) miles of the Colditz Cove State Natural Area;
          8. (h) Is located in a county having a population of not less than seventeen thousand nine hundred (17,900) and not more than eighteen thousand (18,000), according to the 2010 federal census or any subsequent federal census; and
          9. (i) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
        2. (ii) The premises of a facility licensed under this subdivision (29)(SSSSSS) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may include property owned or leased by the facility and property that is contiguous to the property of the facility that is defined in this subdivision (29)(SSSSSS). The entire designated premises is covered under one (1) license issued under this subdivision (29)(SSSSSS); and
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(SSSSSS) means, for beer permitting purposes, any or all of the property that constitutes the facility as described in subdivision (29)(SSSSSS)(ii). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
      150. (TTTTTT)
        1. (i) A commercially operated facility that:
          1. (a) Has at least five hundred (500) acres of land surrounded by approximately one and one-half (1.5) miles of shoreline along the Tennessee River;
          2. (b) Is a venue for dove and quail hunting, weddings, corporate retreats, and other events;
          3. (c) Is a working cattle farm, wildlife habitat, and nature preserve, which has access to the River Bluff Trail and Eagle's Nest Trail;
          4. (d) Serves or sells at least two (2) meals to patrons a day;
          5. (e) Has at least one (1) lodging facility to accommodate overnight guests; and
          6. (f) Is located in a county having a population of not less than forty-eight thousand five hundred (48,500) and not more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(TTTTTT) means any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property, and further including any areas owned in fee or leased. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility described under this subdivision (29)(TTTTTT) means, for the purpose of obtaining a beer permit, any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
      151. (UUUUUU)
        1. (i) A commercially operated facility possessing each of the following characteristics:
          1. (a) Is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
          2. (b) Is a private, for-profit social and golf club, organized and existing under the laws of this state, which has at least six (6) dues-paying members as of January 31, 2021, who pay dues annually, and which offers its members and bona fide guests golf instruction and golf improvement services;
          3. (c) Is designed around a family theme and professional business environment and contains an area for video games, a pool table, lounge area, pro shop, bar area, and a conference room for business meetings, and periodically offers its members and guests prepared food services provided by third parties at functions or events on the premises;
          4. (d) Contains not less than two (2) golf bays, with tee boxes and golf hitting screens depicting virtual or simulated holes or golf courses for the use of its members and guests;
          5. (e) Totals approximately three thousand one hundred square feet (3,100 sq. ft.), and contains one (1) entrance, with a maximum occupancy of fifty (50) individuals, and contains a back patio with six hundred square feet (600 sq. ft.) enclosed by reasonable boundaries, such as planters or dividers, with non-exclusive use; and
          6. (f) Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, creed, color, sex, age, religion, or national origin;
        2. (ii) The premises of any facility licensed under this subdivision (29)(UUUUUU) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(UUUUUU) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title. The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (29)(UUUUUU);
      152. (VVVVVV) A commercially operated facility that:
        1. (i) Operates an 18-hole golf course situated on over one hundred (100) acres;
        2. (ii) Was established in 1929;
        3. (iii) Operates a full-service restaurant and bar;
        4. (iv) Operates an Olympic pool and members' activity room;
        5. (v) Hosts corporate and group golf outings and fundraisers;
        6. (vi) Is a venue for weddings, receptions, and similar events; and
        7. (vii) Is located in a city with a population of not less than seven hundred ten (710) and not more than seven hundred nineteen (719), according to the 2010 or any subsequent federal census;
      153. (WWWWWW)
        1. (i) A commercially operated facility that:
          1. (a) Contains an urban, mixed-use community combining a luxury hotel, office space, high-end condominiums, and retail space;
          2. (b) Is a facility that is not less than one million two hundred thousand square feet (1,200,000 sq. ft.);
          3. (c) Is a facility that includes a twenty-one-story office tower with approximately five hundred twenty-five thousand square feet (525,000 sq. ft.) of Class AA space, and a second thirty-four-story tower, including one hundred ninety-six (196) high-end condominiums anchored by a luxury hotel with two hundred thirty-four (234) rooms;
          4. (d) Includes two (2) towers connected by one (1) additional building that is approximately one hundred fifteen thousand square feet (115,000 sq. ft.) of retail and office space, and anchored by a one-and-one-half-acre plaza at the heart of the community; and
          5. (e) Is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Notwithstanding any law to the contrary, a facility licensed under this subdivision (29)(WWWWWW) may:
          1. (a) Sell and serve alcoholic beverages and beer to residents, owners, guests, or patrons of the facility on the premises designated by the facility, including within the hotel, office towers and space, high-end condominiums, retail space, common areas, lobby areas, conference rooms, market area, and pool areas of the facility, including the hotel and condominium pools and the common areas between the two (2) towers;
          2. (b) Operate a wine club at the facility to sell sealed bottles of wine to residents or owners of the facility or guests of the hotel, and operate events such as a wine of the month club to sell or give away sealed bottles of wine, fulfill standing orders for residents, owners, or guests, or provide room service to residents, owners, or guests at the facility;
          3. (c) Conduct private events or office functions in any area within the facility for the purpose of selling, serving, or giving away alcoholic beverages or beer to residents, guests, tenants, and owners attending such private events;
          4. (d) Conduct, or have conducted by means of granting a franchise or otherwise, catered events within any area of the facility, including the office towers and within the hotel property or any property within the facility;
          5. (e) Operate, or have operated by means of granting a franchise or otherwise, a hotel, restaurant, or limited service restaurant at the premises of the facility to sell prepared food and alcoholic beverages and beer to patrons; and
          6. (f) Engage in any activity related to the sale, dispensing, or giving away of alcoholic beverages and beer authorized under the authority granted to a hotel licensed under § 57-4-102, including providing room service and bottle services to guests of the hotel or owners of the luxury condominiums, with shared amenities between both owners and guests;
        3. (iii) The premises of a facility licensed under this subdivision (29)(WWWWWW ) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing, and which may designate areas for unrelated licensed entities. The entire designated premises may be covered under one (1) license issued under this subdivision (29)(WWWWWW), under multiple licenses pursuant to the franchise authority granted by this subdivision (29)(WWWWWW), or under multiple licenses issued under this chapter to other unrelated licensed entities. If multiple licenses are granted pursuant to this subdivision (29)(WWWWWW) or otherwise under chapter 4 of this title, then the designations of the premises may be unenclosed and overlapping; provided, that the premises are located within the facility as herein described;
        4. (iv) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(WWWWWW) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing, and which may designate areas for unrelated permitted entities. The entire designated premises may be covered under one (1) beer permit issued under chapter 5 of this title or multiple beer permits to other permitted entities. If multiple beer permits are granted pursuant to this subdivision (29)(WWWWWW), then the designations of the premises may be unenclosed and overlapping; provided, that the premises are located within the facility as herein described;
        5. (v) The requirements of § 57-5-105(b)(1) do not apply to a facility licensed under this subdivision (29)(WWWWWW);
        6. (vi) A facility licensed under this subdivision (29)(WWWWWW) may seek an additional license as a restaurant, limited service restaurant, hotel, or caterer under this chapter;
        7. (vii) A facility licensed under this subdivision (29)(WWWWWW) may hold any of the licenses authorized under this subdivision (29)(WWWWWW) or may grant a franchise to one (1) or more entities for any or all such licenses;
        8. (viii) A facility licensed under this subdivision (29)(WWWWWW) may deliver sealed bottles or containers of wine or beer to any area within the licensed premises of the facility; and
        9. (ix) Notwithstanding any law to the contrary, nothing in this subdivision (29)(WWWWWW) prohibits a qualified entity, unrelated to the facility, from applying for and receiving a license issued under chapter 4 of this title and operating independently from the facility, but within the premises of the facility. The commission shall interpret this subdivision (29)(WWWWWW)(ix) to allow for flexibility in licensure within the premises of the facility;
      154. (XXXXXX)
        1. (i) A commercially operated facility that:
          1. (a) Is located on at least forty (40) acres;
          2. (b) Serves as a venue for weddings, business retreats, meetings, conferences, and events;
          3. (c) Is located on property that is within one-quarter (¼) mile of the point where Cox Road goes under Interstate 840 and that borders the Wilson Branch of Nelson Creek; and
          4. (d) Is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(XXXXXX) means any or all of the property that constitutes the facility, including restaurants, cabins, lodges, clubhouses, swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) A facility licensed under this subdivision (29)(XXXXXX) may be issued one (1) or more liquor-by-the-drink licenses;
        4. (iv) A facility licensed under this subdivision (29)(XXXXXX) may obtain a license as a caterer under subdivision (6);
        5. (v) A facility licensed under this subdivision (29)(XXXXXX) may, at its own discretion, hold a license under this subdivision (29)(XXXXXX), and subdivision (6), and may grant a franchise right to one (1) or more entities that can hold licenses pursuant to this subdivision (29)(XXXXXX); and
        6. (vi) A facility licensed under this subdivision (29)(XXXXXX) may deliver alcoholic beverages to any area within the licensed premises of the facility;
      155. (YYYYYY)
        1. (i) A commercially operated facility that:
          1. (a) Is located on a parcel of land containing approximately eighteen (18) acres;
          2. (b) Is located adjacent to a federal highway;
          3. (c) Contains an English Tudor-style house built in 1973;
          4. (d) Serves as a venue for weddings, meetings, and events;
          5. (e) Contains a winery that was first licensed in 1980;
          6. (f) Is located within two (2) miles of a municipal airport;
          7. (g) Is located within five (5) miles of the Colditz Cove State Natural Area;
          8. (h) Is located in a county having a population of not less than seventeen thousand nine hundred (17,900) and not more than eighteen thousand one hundred (18,100), according to the 2010 federal census or any subsequent federal census; and
          9. (i) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
        2. (ii) The premises of a facility licensed under this subdivision (29)(YYYYYY) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may include property owned or leased by the facility and property that is contiguous to the property of the facility that is defined in this subdivision (29)(YYYYYY). The entire designated premises is covered under one (1) license issued under this subdivision (29)(YYYYYY);
        3. (iii) Notwithstanding a provision of chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(YYYYYY) means, for beer permitting purposes, any or all of the property that constitutes the facility as described in subdivision (29)(YYYYYY)(ii). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title; and
        4. (iv) The winery located at a facility licensed under this subdivision (29)(YYYYYY) may exercise the rights and privileges established in § 57-3-207 anywhere on the premises of the facility notwithstanding the same premises being licensed under this subdivision (29)(YYYYYY), and guests may carry drinks sold under either license anywhere on the premises of the facility. The rights and privileges of the winery under § 57-3-207 are not diminished under this subdivision (29)(YYYYYY);
      156. (ZZZZZZ)
        1. (i) A commercially operated facility that:
          1. (a) Is located on approximately two and one-half (2.5) acres contiguous to Gatlinburg Parkway that connects by way of a Chondola to approximately seventy (70) acres;
          2. (b) Was established in September of 2017;
          3. (c) Operates two (2) full-service restaurants with seating for approximately three hundred (300) patrons, and two hundred fifty (250) patrons, respectively;
          4. (d) Operates a zipline, a single rail coaster covering approximately two (2) miles with mountaintop views of the Great Smoky Mountains National Park;
          5. (e) Operates a suspended tree canopy walk with seventeen (17) bridges that is approximately one (1) mile long; and
          6. (f) Is located in a city with a population of not less than three thousand nine hundred forty (3,940) and not more than three thousand nine hundred forty-nine (3,949), according to the 2010 or any subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(ZZZZZZ) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may include property owned or leased by the facility and property that is contiguous to the property of the facility that is defined in this subdivision (29)(ZZZZZZ). The entire designated premises is covered under one (1) license issued under this subdivision (29)(ZZZZZZ);
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(ZZZZZZ) means, for beer permitting purposes, any or all of the property that constitutes the facility as described in subdivision (29)(ZZZZZZ)(ii). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        4. (iv) A facility licensed under this subdivision (29)(ZZZZZZ) may obtain a license as a caterer under subdivision (6);
        5. (v) A facility licensed under this subdivision (29)(ZZZZZZ) may grant a franchise right to one (1) or more entities that can hold a caterer's license pursuant to this subdivision (29)(ZZZZZZ); and
        6. (vi) A facility licensed under this subdivision (29)(ZZZZZZ) may deliver alcoholic beverages to any area within the licensed premises of the facility;
      157. (AAAAAAA) A commercially operated facility that:
        1. (i)
          1. (a) Operates a licensed marina and recreational facility that is located on approximately ten and one-half (10.5) acres in Ish Creek, commonly known as Prater Flats, contiguous to the Tennessee River in Fort Loudon Lake southeast of mile marker six hundred twelve, and bearing approximately eight hundred ninety-nine feet (899′) along the shoreline;
          2. (b) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
          3. (c) Is located in a county with a population of not less than one hundred twenty-three thousand one (123,001) and not more than one hundred twenty-three thousand one hundred (123,100), according to the 2010 or any subsequent federal census;
        2. (ii) A facility licensed under this subdivision (29)(AAAAAAA) may also operate a restaurant on the premises if the restaurant is separately licensed under this chapter; and
        3. (iii) The premises of a facility licensed under this subdivision (29)(AAAAAAA) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      158. (BBBBBBB) A commercially operated marina having the following characteristics:
        1. (i) Has at least three hundred fifty (350) boat slips, at least fifteen (15) cabins for rent, recreational vehicle camping hookups, and a full-service café with indoor and outdoor seating; and
        2. (ii) Is located on Tims Ford Lake approximately one-half (½) mile south of Tims Ford State Park in a county having a population of not less than forty-one thousand (41,000) and not more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census;
      159. (CCCCCCC)
        1. (i) A commercially operated facility possessing each of the following characteristics:
          1. (a) Contains a barn used as an event venue, a loafing barn, a silage shed, suites, and a commercial kitchen;
          2. (b) Was founded in 1953 as a family dairy farm and continues to operate as a working farm;
          3. (c) Is a facility that is located approximately one (1) mile off of Interstate 24, Exit 76; and
          4. (d) Is located in a county having a population of not less than three hundred forty-one thousand four hundred (341,400), nor more than three hundred forty-two thousand five hundred (342,500), according to the 2020 federal census or a subsequent federal census;
        2. (ii) Notwithstanding another law to the contrary, a facility licensed under this subdivision (29)(CCCCCCC) may:
          1. (a) Sell and serve alcoholic beverages and beer for on-premises consumption;
          2. (b) Obtain a winery license pursuant to chapter 3 of this title;
          3. (c) Obtain a beer manufacturing permit pursuant to chapter 5 of this title;
          4. (d) Obtain a restaurant license, limited service restaurant license, or catering permit under this chapter; and
          5. (e) Conduct public and private events, including, but not limited to, live performances, in an area within the designated premises of the facility;
        3. (iii) The premises of a facility licensed under this subdivision (29)(CCCCCCC) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. Guests may carry alcoholic beverages and beer sold under a license anywhere on the premises of the facility. If multiple licenses are granted pursuant to this subdivision (29)(CCCCCCC), then the designations of the premises may be unenclosed and overlapping; provided, that the premises are located within the facility as herein described;
        4. (iv) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(CCCCCCC) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing, and which may designate areas for unrelated permitted entities. The entire designated premises may be covered under one (1) beer permit issued under chapter 5 of this title or multiple beer permits to other permitted entities. If multiple beer permits are granted pursuant to this subdivision (29)(CCCCCCC), then the designations of the premises may be unenclosed and overlapping; provided, that the premises are located within the facility as herein described; and
        5. (v) A facility licensed under this subdivision (29)(CCCCCCC) may hold any of the licenses authorized under this subdivision (29)(CCCCCCC) or may grant a franchise to one (1) or more entities for any or all such licenses;
      160. (DDDDDDD)
        1. (i) A commercially operated facility that:
          1. (a) Is located on at least ten (10) acres;
          2. (b) Serves as a venue for weddings, business retreats, meetings, conferences, and events;
          3. (c) Is located on property that is bound by Highway 109 North and Cherokee Dock Road and the Cumberland River; and
          4. (d) Is located in a county having a population of not less than one hundred forty-seven thousand seven hundred (147,700), nor more than one hundred forty-seven thousand eight hundred (147,800), according to the 2020 federal census or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(DDDDDDD) means any or all of the property that constitutes the facility, including restaurants, cabins, lodges, clubhouses, swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) A facility licensed under this subdivision (29)(DDDDDDD) may be issued one (1) or more liquor-by-the-drink licenses;
        4. (iv) A facility licensed under this subdivision (29)(DDDDDDD) may obtain a license as a caterer under subdivision (6);
        5. (v) A facility licensed under this subdivision (29)(DDDDDDD) may hold a license under this subdivision (29)(DDDDDDD) and subdivision (6), and may grant a franchise right to one (1) or more entities that can hold licenses pursuant to this subdivision (29)(DDDDDDD); and
        6. (vi) A facility licensed under this subdivision (29)(DDDDDDD) may deliver alcoholic beverages to an area within the licensed premises of the facility;
      161. (EEEEEEE)
        1. (i) A commercially operated facility that:
          1. (a) Was established on June 11, 2021;
          2. (b) Is situated on at least eighteen (18) acres along the western edge of a bluff that rises more than one thousand feet (1,000′) above the valley to the east of the bluff;
          3. (c) Has occupancy for at least twenty-eight (28) guests in the form of at least eight (8) dome units and at least two (2) treehouse units;
          4. (d) Has a stream traversing the property with at least two (2) waterfalls and bluff views;
          5. (e) Is situated less than two (2) miles from the Sequatchie River, between eight (8) and nine (9) miles from a bend in Nickajack Lake, and less than three (3) miles from the Chimneys State Natural Area; and
          6. (f) Is located in a county with a population of not less than twenty-eight thousand eight hundred (28,800) and not more than twenty-eight thousand nine hundred (28,900), according to the 2020 federal census or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(EEEEEEE) means any and all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) A facility licensed under this subdivision (29)(EEEEEEE) may engage in any activity related to the sale, dispensing, or giving away of alcoholic beverages and beer authorized under the authority granted to a hotel licensed under §§ 57-4-102, 57-4-101(h), and 57-4-203(e)(2)(A), notwithstanding that the facility is not located in a jurisdiction that has approved the consumption of alcoholic beverages on the premises by referendum. A facility licensed under this subdivision (29)(EEEEEEE) may deliver sealed bottles and cans of alcoholic beverages and beer to any area within the licensed premises of the facility;
      162. (FFFFFFF) A commercially operated facility that:
        1. (i) Was established in 2001;
        2. (ii) Is situated on approximately two and three-quarters (2¾) of an acre;
        3. (iii) Was fully renovated, including the addition of an outdoor event venue;
        4. (iv) Contains a total of approximately thirteen thousand square feet (13,000 sq. ft.);
        5. (v) Has restaurant seating for four hundred twenty-five (425) patrons and tent and patio seating for an additional two hundred fifty (250) patrons;
        6. (vi) Has two hundred forty-three (243) rooms for lodging on site;
        7. (vii) Is an event venue for conferences, weddings, seminars, trade shows, galas, sporting events, depositions, and negotiations;
        8. (viii) Offers bus tours to local distilleries, concerts, galas, sporting events, plays, pageants, and rehearsals; and
        9. (ix) Is located in a county with a population of not less than fifty-seven thousand eight hundred (57,800) and not more than fifty-seven thousand nine hundred (57,900), according to the 2020 federal census or a subsequent federal census;
      163. (GGGGGGG) A commercially operated facility that:
        1. (i) Was established in 2017 and is situated on approximately one hundred twenty (120) acres;
        2. (ii) Operates a barn, event facilities, food trailer, café, bistro, lounge, festival grounds parking, and rental cabins;
        3. (iii) Operates a restaurant with a seating capacity for approximately fifty (50) patrons with additional patio and other seating for approximately seventy (70) patrons;
        4. (iv) Offers lodging with five (5) rooms and six (6) beds;
        5. (v) Offers recreational activities such as walking trails, hiking, boating, and other water-related activities on Watauga Lake;
        6. (vi) Serves as an event venue for weddings, anniversaries, festivals, workshops, and corporate and business retreats and conferences; and
        7. (vii) Is located in two (2) counties with populations of:
          1. (a) Not less than fifty-six thousand three hundred (56,300) and not more than fifty-six thousand four hundred (56,400), according to the 2020 federal census or a subsequent federal census; and
          2. (b) Not less than seventeen thousand nine hundred forty (17,940) and not more than eighteen thousand (18,000), according to the 2020 federal census or a subsequent census;
      164. (HHHHHHH)
        1. (i) A commercially operated facility that:
          1. (a) Operates a vintage passenger train;
          2. (b) Is owned and operated by a not-for-profit corporation which has been in existence since 1989;
          3. (c) Is dedicated to preserving the heritage of rail transport in this state and the central South and whose name honors the former Tennessee Central Railway;
          4. (d) Is located in a former Tennessee Central Railway master mechanic's office;
          5. (e) Has a museum which began as an extension of the local division of the National Model Railroad Association and the Cumberland Division SER-NMRA, and that has preserved a collection of passenger cars, cabooses, freight cars, and locomotives, with a staff who works to restore and maintain the collection of equipment;
          6. (f) Has the capacity to serve food and beverages to visitors and guests;
          7. (g) Has adequate facilities and equipment for serving passengers, on regular or special schedules, or charter trips, while moving through a county of this state, but not while such passenger train is stopped in a county or municipality that has not legalized such sales; and
          8. (h) Is located in a county with a metropolitan form of government and a population of not less than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census;
        2. (ii) A train operated by a licensee under this subdivision (29)(HHHHHHH) may sell and serve alcoholic beverages and beer on the train while both stationary and in motion;
        3. (iii) A licensee under this subdivision (29)(HHHHHHH) shall designate the premises to be licensed by the commission by filing a drawing of the premises, and such drawing may be amended by the licensee filing a new drawing; and
        4. (iv) The premises of a facility licensed under this subdivision (29)(HHHHHHH) means, for beer permitting purposes, all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
      165. (IIIIIII) A commercially operated facility that:
        1. (i) Was established in 2017 and is situated on property that is approximately fifty (50) acres;
        2. (ii) Operates a cabin, stage, bathhouse, multiple RV sites, and pavilion;
        3. (iii) Operates a restaurant that has approximately one thousand square feet (1,000 sq. ft.), with indoor seating for approximately sixteen (16) patrons and patio seating for an additional fifty (50) or more patrons;
        4. (iv) Serves as a mixed-use venue for concerts, weddings, and festivals;
        5. (v) Offers recreational activities such as camping, fishing, and kayaking; and
        6. (vi) Is located in a county with a population of not less than twenty-one thousand (21,000) and not more than twenty-one thousand one hundred (21,100), according to the 2020 federal census or a subsequent federal census;
      166. (JJJJJJJ)
        1. (i) A commercially operated marina that:
          1. (a) Was established in 1950 on more than two hundred twenty (220) acres on Center Hill Lake;
          2. (b) Contains fifteen (15) cabins, more than five hundred (500) wet slips, more than seventy (70) personal watercraft wet slips, and a restaurant with indoor seating for more than seventy (70) patrons and outdoor seating for more than seventy (70) patrons; and
          3. (c) Is located in a county having a population of not less than twenty thousand (20,000) and not more than twenty thousand one hundred (20,100), according to the 2020 federal census or a subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (29)(JJJJJJJ) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) Notwithstanding a provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(JJJJJJJ) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
      167. (KKKKKKK) A commercially operated facility that:
        1. (i) Was established in 2021 and is situated on approximately two hundred eighty (280) acres;
        2. (ii) Operates a clubhouse of approximately ten thousand square feet (10,000 sq. ft.), a spa of approximately five thousand square feet (5,000 sq. ft.), and an observatory;
        3. (iii) Operates fourteen (14) cabins and six (6) hotel rooms;
        4. (iv) Serves as an event venue for private corporate events, weddings, and similar events;
        5. (v) Offers access to hiking, fishing, off-road and trail sports, yoga, and pickleball; and
        6. (vi) Is located in a county with a population of not less than seventeen thousand nine hundred (17,900) and not more than seventeen thousand nine hundred thirty-five (17,935), according to the 2020 federal census or a subsequent federal census;
      168. (LLLLLLL) A commercially operated facility that:
        1. (i) Was established in 2017;
        2. (ii) Is situated on approximately one hundred forty (140) acres;
        3. (iii) Is a registered century farm by remaining under the ownership of the family who established the farm;
        4. (iv) Is a venue for weddings, corporate events, holiday parties, military balls, banquets, and similar events;
        5. (v) Operates a climate-controlled building and kitchen prep area for catering that consists of approximately five thousand four hundred forty-nine square feet (5,449 sq. ft.); and
        6. (vi) Is located in a county with a population of not less than two hundred twenty thousand (220,000) and not more than two hundred twenty thousand one hundred (220,100), according to the 2020 federal census or a subsequent federal census;
      169. (MMMMMMM)
        1. (i) A commercially operated facility that:
          1. (a) Was established in 2022 as a venue for music, weddings, and other events, with seating for more than six hundred (600) patrons, a commercial kitchen, and an outdoor patio;
          2. (b) Contains a structure with approximately eighteen thousand square feet (18,000 sq. ft.) of space on real property that is greater than one (1) acre; and
          3. (c) Is located adjacent to a public library and a historic train station in a county having a metropolitan form of government and a population of greater than six hundred thousand (600,000), according to the 2020 federal census or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(MMMMMMM) means any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility described under this subdivision (29)(MMMMMMM) means, for the purpose of obtaining a beer permit, any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
        4. (iv) The facility may also apply for catering licenses from the commission and municipal beer board. Subject to notice requirements for catered events, the facility may cater on a periodic or regular basis to the nonprofit corporation that operates the historic train station adjacent to the premises of the facility; and
        5. (v) The facility shall provide periodic security for the entire licensed premises;
      170. (NNNNNNN) A commercially operated facility that:
        1. (i) Is located on a private, residential development with frontage on Del Rio Pike;
        2. (ii) Is owned and operated by a for-profit entity;
        3. (iii) Is situated in a geographical area wholly controlled by the owner of the facility and having not less than five hundred (500) acres of contiguous land;
        4. (iv) Contains on its premises not less than forty (40) residential single-family dwellings;
        5. (v) Maintains a recreational area on the premises that offers within the recreational area of the premises five (5) or more of the following:
          1. (a) An equestrian center;
          2. (b) A communal gathering house with a full-service restaurant and bar area that is open five (5) days per week for the serving of food and beverages only to members and to the guests of members;
          3. (c) Racquet sport facilities;
          4. (d) A spa;
          5. (e) A fitness and wellness center;
          6. (f) Large organic gardens;
          7. (g) Swimming pools;
          8. (h) Lakes for swimming, paddle boarding, kayaking, and fishing;
          9. (i) Frontage along the Harpeth River;
          10. (j) Trails for hiking or horseback riding, or both; and
          11. (k) Overnight accommodations for non-resident members;
        6. (vi) Is located in a county with a population of not less than two hundred forty-seven thousand seven hundred (247,700) and not more than two hundred forty-seven thousand eight hundred (247,800); and
        7. (vii) If the facility is constructed in phases, may sell or serve alcoholic beverages and beer on its premises during all phases of construction; provided, that there is a secure location on the premises for the receipt and storage of alcoholic beverages and beer and that a plan is submitted to the commission detailing the phases for the construction of all facility amenities;
      171. (OOOOOOO) A commercially operated facility that:
        1. (i) Was established in 1965, is situated on approximately three hundred thirty (330) acres, and was recognized as a national natural landmark in 1974;
        2. (ii) Operates a historic cave system developed for tourism;
        3. (iii) Offers boat rides on an underground lake that is the largest underground lake in North America;
        4. (iv) Operates campgrounds both above ground and below ground that can accommodate over two hundred (200) patrons;
        5. (v) Operates a restaurant with seating for approximately seventy-five (75) patrons, with additional patio seating for approximately one hundred fifty (150) patrons; and
        6. (vi) Is located in a county with a population of not less than forty-six thousand two hundred (46,200) and not more than forty-six thousand three hundred (46,300), according to the 2020 federal census or a subsequent federal census;
      172. (PPPPPPP) A commercially operated facility that:
        1. (i) Was established in 2021;
        2. (ii) Operates a restaurant with a seating capacity for ninety-nine (99) patrons;
        3. (iii) Offers both dining in and carryout food service;
        4. (iv) Is located within eight hundred feet (800′) of Canterbury Lake and approximately six thousand four hundred feet (6,400′) west of an eighteen-hole championship golf course; and
        5. (v) Is located in a county with not less than sixty-one thousand one hundred (61,100) and not more than sixty-one thousand two hundred (61,200), according to the 2020 federal census or a subsequent federal census;
      173. (QQQQQQQ) A commercially operated facility that:
        1. (i) Was established in 2021, that is situated on approximately seven hundred seventy-three (773) acres, and that is intended to serve as a unique motorsports and entertainment destination;
        2. (ii) Operates or will develop a race track, clubhouse, restaurant, motor lodge, lodging, retail space, campgrounds, amphitheater, and vineyard;
        3. (iii) Serves as an entertainment venue for racing events for both cars and motorcycles, weddings, corporate retreats and events, parties, festivals, and concerts; and
        4. (iv) Is located in a county with a population of not less than sixty-one thousand one hundred (61,100) and not more than sixty-one thousand two hundred (61,200), according to the 2020 federal census or a subsequent federal census;
      174. (RRRRRRR) A commercially operated facility that:
        1. (i) Was established in 2007;
        2. (ii) Operates a timber frame barn consisting of three thousand six hundred square feet (3,600 sq. ft.), an event barn consisting of five thousand one hundred square feet (5,100 sq. ft.), and a stone manor house built in 1935 that is used as an event venue consisting of three thousand seven hundred square feet (3,700 sq. ft.);
        3. (iii) Offers on-site catering;
        4. (iv) Has restaurant seating capacity for four hundred (400) patrons, patio seating for six hundred (600) patrons, and concert seating for one thousand two hundred (1,200) patrons;
        5. (v) Offers lodging with ten (10) rooms and fifteen (15) beds;
        6. (vi) Serves as an event venue for local charity fundraisers, weddings, concerts, music festivals, and car and truck rallies; and
        7. (vii) Is located in a county with a population of not less than sixty-one thousand one hundred (61,100) and not more than sixty-one thousand two hundred (61,200), according to the 2020 federal census or any subsequent federal census;
      175. (SSSSSSS)
        1. (i) A commercially operated marina that:
          1. (a) Was established in 1989 on more than ninety (90) acres on or contiguous to Center Hill Lake;
          2. (b) Operates more than two hundred ninety (290) boat slips;
          3. (c) Operates cabins and campsites for rent with electricity, water, and fiber internet access;
          4. (d) Operates an outdoor pavilion as an event venue with seating for at least forty (40) patrons;
          5. (e) Operates a restaurant with indoor seating for at least twenty-five (25) patrons and outdoor seating for at least thirty-five (35) patrons, and a store with gas pumps;
          6. (f) Operates a marina store with gas pumps, a children's playground, pavilion, canvas boat repair shop, and boat launch;
          7. (g) Offers camping, kayaking, boating, and yoga, and offers for rent houseboats, fishing boats, pontoon boats, kayaks, and water sport vehicles; and
          8. (h) Is located in a county having a population of not less than twenty thousand (20,000) and not more than twenty thousand one hundred (20,100), according to the 2020 federal census or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(SSSSSSS) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(SSSSSSS) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
      176. (TTTTTTT)
        1. (i) A commercially operated recreational facility that:
          1. (a) Has at least two hundred (200) members regularly paying dues;
          2. (b) Is organized and operated to offer a club environment to members for learning and networking, where members receive access to amenities and access to multiple locations across the United States of America;
          3. (c) From time to time welcomes non-members to the property for community engagement events;
          4. (d) Is located on a property located at the site of a former YMCA, located within one (1) mile of a historic railway station, has seven (7) hotel rooms for guest sleeping accommodations, and provides to its members a seasonally available pool of no less than one thousand seven hundred square feet (1,700 sq. ft.) in size, a restaurant, a fitness facility, and weekly recreational programs; and
          5. (e) Is located in a county having a population of not less than three hundred sixty-six thousand two hundred (366,200) nor more than three hundred sixty-six thousand three hundred (366,300), according to the 2020 federal census or a subsequent federal census; and
        2. (ii) The premises of the facility includes all floors of each building constituting the facility, whether contiguous or not and connected through stairwells and elevators; the rooftop area; and each area within the building designated by the facility in its application for licensure for consumption of alcoholic beverages on the premises;
      177. (UUUUUUU)
        1. (i) A commercially operated recreational facility that:
          1. (a) Has at least two hundred (200) members regularly paying dues;
          2. (b) Is organized and operated to offer a club environment to members for learning and networking, where members receive access to amenities and access to multiple locations across the United States of America;
          3. (c) From time to time welcomes non-members to the property for community engagement events;
          4. (d) Is located on a property that is the site of a historic church that has a cornerstone that reads “1925” and a second cornerstone that reads “1936,” and provides to its members a seasonally available pool of no less than one thousand square feet (1,000 sq. ft.), a restaurant, and weekly recreational programs; and
          5. (e) Is located in a county having a metropolitan form of government and a population of not less than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census; and
        2. (ii) The premises of the facility includes all floors of each building constituting the facility, whether contiguous or not and connected through stairwells and elevators; the rooftop area; and each area within the building designated by the facility in its application for licensure for consumption of alcoholic beverages on the premises;
      178. (VVVVVVV) A commercially operated recreational facility that:
        1. (i) Has at least two hundred (200) members regularly paying dues;
        2. (ii) Is organized and operated to offer a club environment to members, where members receive access to amenities;
        3. (iii) From time to time welcomes non-members to the property for community engagement events;
        4. (iv) Is located on a property that is the site of a historic railway station and provides to its members a seasonally available pool of no less than one thousand square feet (1,000 sq. ft.) in size and weekly recreational programs; and
        5. (v) Is located in a county having a population of not less than four hundred seventy-eight thousand nine hundred (478,900) nor more than four hundred seventy-nine thousand (479,000), according to the 2020 federal census or a subsequent federal census;
      179. (WWWWWWW) A commercially operated facility that:
        1. (i) Was established in 2022 on at least one hundred eleven (111) acres with a house representative of Italianate architecture that is on the national register of historic places and barns that were built in the 1860s;
        2. (ii) Contains a terrace, a conservatory, and an event barn;
        3. (iii) Is used for private corporate events, political fundraisers, weddings, concerts, and other events; and
        4. (iv) Is located on a scenic highway in a county having a population of not less than seventy-two thousand eight hundred (72,800) and not more than seventy-two thousand nine hundred (72,900), according to the 2020 federal census or a subsequent federal census;
      180. (XXXXXXX) A commercially operated facility that:
        1. (i) Operates a restaurant and bar that is approximately six thousand four hundred sixty-five square feet (6,465 sq. ft.), and that seats approximately one hundred forty-four (144) patrons, and has additional patio seating for approximately eighty-six (86) patrons;
        2. (ii) Serves as an event venue for weddings, class events, reunions, parties, and similar events;
        3. (iii) Offers karaoke, live music, and other activities;
        4. (iv) Is located less than three (3) miles from Center Hill Lake and close to hiking trails and waterfalls; and
        5. (v) Is located in a county with a population of not less than twenty thousand (20,000) and not more than twenty thousand one hundred (20,100), according to the 2020 federal census or a subsequent federal census;
      181. (YYYYYYY) A commercially operated facility that:
        1. (i) Consists of an industrial building dating to the 1940s that has been renovated to contain approximately two thousand square feet (2,000 sq. ft.) and a backyard area featuring a stage for performing arts;
        2. (ii) Has equipment to brew beer and coffee and seating for at least fifty (50) patrons inside and at least two hundred (200) patrons in the backyard area;
        3. (iii) Offers craft-centered classes and hosts various community events; and
        4. (iv) Is located in a county having a population of not less than twenty-one thousand (21,000) and not more than twenty-one thousand one hundred (21,100), according to the 2020 federal census or a subsequent federal census;
      182. (ZZZZZZZ)
        1. (i) A commercially operated facility that:
          1. (a) Is owned and operated by a not-for-profit corporation that has been in existence since 1953;
          2. (b) Is organized and operated to offer a club environment to members, where members receive access to amenities;
          3. (c) Has at least two hundred fifty (250) dues-paying members;
          4. (d) From time to time welcomes non-members to the property for special events such as weddings, community engagement events hosted or sponsored by its members, and, in certain circumstances, non-members;
          5. (e) Has a restaurant with indoor and outdoor seating, including a separate bar area, enclosed pavilion with an outdoor pavilion patio, and pool, with a total seating capacity of over three hundred (300) persons;
          6. (f) Has indoor and outdoor spaces for events, a basketball court, and tennis courts;
          7. (g) Has a full-service marina available to its members and their guests with at least one hundred (100) wet slips that would accommodate boats with beds and bathrooms, eighty (80) dry slips in a dry stack building, a guest dock, and a fuel dock with direct access to Old Hickory Lake;
          8. (h) Is situated on approximately sixty-three (63) acres; and
          9. (i) Is located in a county having a population of not less than one hundred forty-seven thousand (147,000) and not more than one hundred forty-eight thousand (148,000), according to the 2020 federal census or a subsequent federal census;
        2. (ii) The premises of the facility licensed under this subdivision (29)(ZZZZZZZ) means any or all of the property that constitutes the facility, including all indoor and outdoor areas of the premises. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee by submitting a subsequent, amended drawing. Members and guests may carry alcoholic beverages and beer sold by the licensee anywhere on the premises of the facility. If multiple licenses or beer permits are granted pursuant to this subdivision (29)(ZZZZZZZ), or another chapter of this title, then the designations of premises may be overlapping; provided, that the premises are located within the facility as herein described. In addition, the facility may offer to members secure wine lockers for the storage of bottles of wine; provided, that the design and plan for wine lockers is approved by the commission. If approved by the commission, wine lockers may only be used to store wine. For bottles of wine brought onto the premises by a member or guest, the licensee may charge a corkage fee for opening the bottle and the provision of glassware;
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(ZZZZZZZ) means, for beer permitting purposes, any or all of the property that constitutes the facility, including all indoor and outdoor areas of the premises. The beer permittee shall designate the premises to be permitted by filing a drawing of the premises, which may be amended by the permittee by submitting a subsequent, amended drawing. Members and guests may carry alcoholic beverages and beer sold by the licensee anywhere on the premises of the facility. If multiple licenses or beer permits are granted pursuant to this subdivision (29)(ZZZZZZZ) or another chapter of this title, then the designations of premises may be overlapping; provided, that the premises are located within the facility as herein described; and
        4. (iv) A facility licensed under this subdivision (29)(ZZZZZZZ) may hold any of the licenses authorized under this subdivision (29)(ZZZZZZZ) and a beer permit, or may grant a franchise to one (1) or more entities for any or all such licenses or beer permits. The facility may also contract with a third party for the management of all or part of the facility's food and beverage operations and service and compensate the third party with all or a percentage of the sales profits resulting from the sale of alcoholic beverages and beer;
      183. (AAAAAAAA) A commercially operated facility that:
        1. (i) Was established in 2003, is situated on approximately five and one-half (5.5) acres, and contains approximately five thousand eight hundred square feet (5,800 sq. ft.);
        2. (ii) Operates a hand-hewn lodge with four (4) units in addition to twelve (12) cabins that serve as vacation rentals;
        3. (iii) Operates a barn, restaurant, golf course, campground, bar and tavern, multiple fire pits, pool, hot tub, and pool house;
        4. (iv) Serves as an event venue, including, but not limited to, hosting weddings, live music, festivals, reunions, retreats, parties, conferences, receptions, and craft shows, and can accommodate up to one hundred fifty (150) guests;
        5. (v) Offers soccer, cornhole, volleyball, badminton, croquet, swimming, and hiking; and
        6. (vi) Is located in a county with a population of not less than six thousand one hundred (6,100) and not more than six thousand two hundred (6,200), according to the 2020 federal census or a subsequent federal census;
      184. (BBBBBBBB)
        1. (i) A commercially or privately operated facility that:
          1. (a) Is located within five (5) miles of the Great Smoky Mountains National Park, containing a minimum area of three hundred (300) contiguous acres that is accessible from U.S. Highway 321;
          2. (b) Has an information and sales center or general store, public access walking trails, at least sixteen (16) treehouses available for rent, and a trout fishing creek running adjacent to and thru the property;
          3. (c) Does not discriminate against any patron based on age, gender, race, religion, or national origin; and
          4. (d) Is located within a county having a population of not less than ninety-eight thousand three hundred (98,300) and not more than ninety-eight thousand four hundred (98,400), according to the 2020 federal census or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision 29(BBBBBBBB) means any or all of the property that constitutes the facility, including but not limited to clubhouses, restaurants, gift and pro shops, marinas, swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility described under this subdivision (29)(BBBBBBBB) means, for the purpose of obtaining a beer permit, any and all of the property that constitutes the facility, including but not limited to, clubhouses, restaurants, gift and pro shops, marinas, swimming pools, tennis courts, golf courses, paths, and road crossings. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
      185. (CCCCCCCC) A commercially operated facility that:
        1. (i) Was established in 1913 on the banks of the Red River;
        2. (ii) Contains an eighteen-hole golf course, clubhouse with more than twenty thousand square feet (20,000 sq. ft.), at least two (2) maintenance sheds, tennis courts, and a pool with a pool house;
        3. (iii) Serves as a venue for social events, birthdays, hail and farewell events, and other community events; and
        4. (iv) Is located in a county having a population of not less than two hundred twenty thousand (220,000) and not more than two hundred twenty thousand one hundred (220,100), according to the 2020 federal census or a subsequent federal census;
      186. (DDDDDDDD) A commercially operated marina that:
        1. (i) Was established in 1971 on approximately twenty-two (22) acres on Lake Barkley;
        2. (ii) Contains an outdoor café and entertainment venue with a stage and a commercial kitchen;
        3. (iii) Has at least two (2) cabins and multiple recreational vehicle campsites for rent and hosts fishing tournaments; and
        4. (iv) Is located in a county having a population of not less than thirteen thousand six hundred (13,600) and not more than thirteen thousand seven hundred (13,700), according to the 2020 federal census or a subsequent federal census;
      187. (EEEEEEEE)
        1. (i) A commercially operated facility that:
          1. (a) Was founded in 1993, and that operates a museum, cultural center, and courtyard, with the museum and cultural center consisting of approximately nineteen thousand square feet (19,000 sq. ft.);
          2. (b) Has a capacity for approximately seven hundred (700) patrons;
          3. (c) Serves as an event venue for concerts, festivals, private events, fundraisers, weddings, theatrical performances, community events, private parties, and similar events; and
          4. (d) Is located in a county with a population of not less than one hundred eight thousand six hundred (108,600) and not more than one hundred eight thousand seven hundred (108,700), according to the 2020 federal census or a subsequent federal census;
        2. (ii) Notwithstanding another law to the contrary, a facility licensed under this subdivision (29)(EEEEEEEE) may:
          1. (a) Conduct public or private events or functions in any area within the facility for the purpose of selling, serving, or giving away alcoholic beverages or beer to guests and patrons attending such events;
          2. (b) Seek an additional license as a restaurant, limited service restaurant, or caterer under this chapter;
          3. (c) Conduct, or have conducted by means of granting a franchise or otherwise, catered events within any area of the facility; and
          4. (d) Operate, or have operated by means of granting a franchise or otherwise, a restaurant or limited service restaurant at the premises of the facility to sell prepared food and alcoholic beverages and beer to guests and patrons;
        3. (iii) The premises of a facility licensed under this subdivision (29)(EEEEEEEE) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing, and which may designate areas for unrelated licensed entities. The entire designated premises may be covered under one (1) license issued under this subdivision (29)(EEEEEEEE), under multiple licenses pursuant to the franchise authority granted by this subdivision (29)(EEEEEEEE), or under multiple licenses issued under this chapter to other unrelated licensed entities. If multiple licenses are granted pursuant to this subdivision (29)(EEEEEEEE) or otherwise under chapter 4 of this title, then the designations of the premises may be unenclosed and overlapping; provided, that the premises are located within the facility as herein described; and
        4. (iv) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(EEEEEEEE) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing, and which may designate areas for unrelated permitted entities. The entire designated premises may be covered under one (1) beer permit issued under chapter 5 of this title or multiple beer permits to other permitted entities. If multiple beer permits are granted pursuant to this subdivision (29)(EEEEEEEE), then the designations of the premises may be unenclosed and overlapping; provided, that the premises are located within the facility as herein described;
      188. (FFFFFFFF) A commercially operated facility that:
        1. (i) Operates a full-service restaurant established in 2021;
        2. (ii) Is situated on approximately one and one-half (1½) acres;
        3. (iii) Contains approximately three thousand five hundred sixty square feet (3,560 sq. ft.);
        4. (iv) Has seating for approximately ninety-five (95) patrons;
        5. (v) Is located approximately two and six-tenths (2.6) miles from the Roan Mountain State Park Visitors Center; and
        6. (vi) Is located in a county with a population of not less than fifty-six thousand three hundred (56,300) and not more than fifty-six thousand four hundred (56,400), according to the 2020 or a subsequent federal census;
      189. (GGGGGGGG) A commercially operated facility that:
        1. (i) Was established in 2021;
        2. (ii) Is situated on approximately six (6) acres adjacent to Reelfoot Lake;
        3. (iii) Operates a restaurant with seating for approximately seventy-four (74) patrons;
        4. (iv) Operates approximately ninety-seven (97) beds for lodging, consisting of a motel, cabins, and other lodging;
        5. (v) Operates forty-eight (48) covered boat slips;
        6. (vi) Offers activities such as boating, fishing, swimming, picnicking, bird-watching, and other outdoor activities;
        7. (vii) Serves as an event venue for weddings, birthdays, reunions, and similar events; and
        8. (viii) Is located in a municipality with a population of not less than two hundred five (205) and not more than two hundred fifteen (215), according to the 2020 federal census or a subsequent federal census;
      190. (HHHHHHHH)
        1. (i) A commercially operated facility that:
          1. (a) Is located on approximately eight (8) acres contiguous to Hooper Highway;
          2. (b) Is located in a county with a population of not less than thirty-five thousand nine hundred (35,900) nor more than thirty-six thousand (36,000);
          3. (c) Serves as a campground resort; and
          4. (d) Has a pavilion, bathhouse, swimming pool, and a lodge with two (2) floors, consisting of at least three thousand nine hundred square feet (3,900 sq. ft.);
        2. (ii) A facility licensed under this subdivision (29)(HHHHHHHH) is not required to meet a gross revenue percentage requirement for food service as a prerequisite to the issuance of a license to serve liquor-by-the-drink; provided, however, that a facility applying for the renewal of its license under this subdivision (29)(HHHHHHHH) must pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages;
        3. (iii) The premises of a facility licensed under this subdivision (29)(HHHHHHHH) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises may be covered under one (1) license issued under this subdivision (29)(HHHHHHHH);
        4. (iv) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(HHHHHHHH) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises may be covered under one (1) beer permit issued under chapter 5 of this title;
        5. (v) A facility licensed under this subdivision (29)(HHHHHHHH) may seek an additional license as a caterer under § 57-4-102(6); and
        6. (vi) A facility licensed under this subdivision (29)(HHHHHHHH) may hold any of the licenses authorized under chapter 4 of this title and may grant a franchise to one (1) or more entities for any or all such licenses;
      191. (IIIIIIII) A commercially operated facility that:
        1. (i) Is situated on approximately seventy-seven (77) acres;
        2. (ii) Operates an RV resort, with RV sites for rent;
        3. (iii) Operates a general store, a restaurant, and a bath house;
        4. (iv) Was previously used to operate a lumber mill;
        5. (v) Is located approximately one (1) mile north of Dale Hollow Lake; and
        6. (vi) Is located in a county with a population of not less than five thousand (5,000) and not more than five thousand one hundred (5,100), according to the 2020 federal census or a subsequent federal census;
      192. (JJJJJJJJ) A commercially operated facility that:
        1. (i) Was founded in 2017;
        2. (ii) Is situated on approximately one and four-tenths (1.4) acres less than one (1) mile from the Piney River;
        3. (iii) Operates a restaurant and deli with approximately three thousand two hundred square feet (3,200 sq. ft.) and with indoor seating for twenty-four (24) patrons and patio seating for an additional twenty (20) patrons; and
        4. (iv) Is located in a county with a population of not less than twenty-four thousand nine hundred (24,900) and not more than twenty-five thousand (25,000), according to the 2020 or a subsequent federal census;
      193. (KKKKKKKK) A commercially operated facility that:
        1. (i) Was founded in August of 2019;
        2. (ii) Is located in a former renovated bank building of approximately two thousand seven hundred square feet (2,700 sq. ft.) in the downtown district of a municipality with a population of not less than twenty thousand three hundred thirty (20,330) and not more than twenty thousand three hundred forty (20,340), according to the 2020 or a subsequent federal census;
        3. (iii) Operates a cigar shop with indoor seating for approximately forty (40) patrons; patio seating for approximately twenty (20) patrons; and the potential for private upstairs seating for approximately twenty-five (25) patrons;
        4. (iv) Contains a walk-in humidor in a former bank vault;
        5. (v) Is a venue for live music, social gatherings, private parties, and similar events; and
        6. (vi) Is located approximately thirteen (13) miles from the Jack Daniel's Distillery; seven and four-tenths (7.4) miles from Tim's Ford Lake; six (6) miles from Cascade Hollow Distillery; and two and nine-tenths (2.9) miles from Lakewood Golf & Country Club;
      194. (LLLLLLLL)
        1. (i) A commercially operated facility that:
          1. (a) Operates a vintage passenger train;
          2. (b) Is owned and operated by a not-for-profit corporation which has been in existence since 1961;
          3. (c) Is dedicated to preserving the heritage of rail transport in this state and the central South and whose name honors the region of the Tennessee Valley;
          4. (d) Is located on the original right of way of the East Tennessee and Georgia Railway, which includes a railroad tunnel named to the National Register of Historic Places;
          5. (e) Has a museum which began as a Chapter of the National Railway Historical Society, and has preserved a collection of passenger cars, cabooses, freight cars, and locomotives, much of which collection is also named to the National Register of Historic Places, with a staff who works to restore and maintain the collection of equipment;
          6. (f) Has the capacity to serve food and beverages to visitors and guests;
          7. (g) Has adequate facilities and equipment for serving passengers, on regular or special schedules, or charter trips; and
          8. (h) Is located in a county having a population of not less than three hundred sixty-six thousand two hundred (366,200) nor more than three hundred sixty-six thousand three hundred (366,300), according to the 2020 federal census or a subsequent federal census;
        2. (ii) A train operated by a licensee under this subdivision (29)(LLLLLLLL) may sell and serve alcoholic beverages and beer on the train while both stationary and in motion;
        3. (iii) A licensee under this subdivision (29)(LLLLLLLL) shall designate the premises to be licensed by the commission by filing a drawing of the premises, and such drawing may be amended by the licensee filing a new drawing; and
        4. (iv) The premises of a facility licensed under this subdivision (29)(LLLLLLLL) means, for beer permitting purposes, all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
      195. (MMMMMMMM) A commercially operated facility having the following characteristics:
        1. (i) Contains a barn, farmhouse, lavender gardens, pastures, and event venue building that contains approximately seven thousand square feet (7,000 sq. ft.);
        2. (ii) Is used for weddings, fishing, hiking, and flower picking; and
        3. (iii) Is located approximately two (2) miles from Fall Creek Falls State Park and thirty (30) miles from Center Hill Lake in a county having a population of not less than six thousand one hundred (6,100) and not more than six thousand two hundred (6,200), according to the 2020 or a subsequent federal census;
      196. (NNNNNNNN) A commercially operated facility that:
        1. (i) Was established in 2022 and is situated on approximately one and eighty-seven one hundredths (1.87) acres, with the original homestead on the property;
        2. (ii) Operates a mid-modern, country resort with twenty (20) bedrooms and twenty-eight (29) beds, a marina with seventy (70) boat slips, and a restaurant with indoor and outdoor seating for approximately one hundred sixty (160) patrons;
        3. (iii) Serves as an event venue for weddings, parties, music, fishing competitions, reunions, and other similar local events;
        4. (iv) Offers boat rentals, kayak rentals, and venue rentals;
        5. (v) Offers access to and views of Douglas Lake and the Great Smoky Mountains; and
        6. (vi) Is located in a county with a population of not less than fifty-four thousand six hundred (54,600) and not more than fifty-four thousand seven hundred (54,700), according to the 2020 federal census or a subsequent federal census;
      197. (OOOOOOOO) A commercially operated facility that:
        1. (i) Was established in 2005 and is situated on approximately thirty-seven (37) acres;
        2. (ii) Operates an outside bar, at least four (4) restaurants, a theater, exercise facilities, senior living facilities, and an outdoor central park;
        3. (iii) Contains approximately nine thousand square feet (9,000 sq. ft.) and seating for over two hundred fifty (250) patrons; and
        4. (iv) Is located in a municipality with a population of not less than fifty-one thousand three hundred twenty (51,320) and not more than fifty-one thousand three hundred thirty (51,330), according to the 2020 federal census or a subsequent federal census;
      198. (PPPPPPPP)
        1. (i) A commercially operated facility that:
          1. (a) Is located in a county having a metropolitan form of government and a population of greater than six hundred thousand (600,000), according to the 2020 federal census or a subsequent federal census;
          2. (b) Contains two (2) office towers with a shared parking garage and with one (1) such tower containing twenty (20) floors, including a reception area, office spaces, work stations, conference rooms, an expressions studio, a listening room, locker rooms and showers, and a business center for employees of a corporation;
          3. (c) Is located at the corner of 10th Avenue North and Church Street;
          4. (d) Contains a café, located on the 5th floor and offers different food station options of prepared food on such floor, and contains a lounge area located on the 20th floor that offers prepared food; and
          5. (e) Is open to employees of a corporation or guests of such employees;
        2. (ii) The premises of a facility licensed under this subdivision (29)(PPPPPPPP) means any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility described under this subdivision (29)(PPPPPPPP) means, for the purpose of obtaining a beer permit, any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing; and
        4. (iv) Any facility licensed under this subdivision (29)(PPPPPPPP) may hold any of the licenses authorized under this subdivision (29)(PPPPPPPP) and may grant a franchise to one (1) or more entities for any or all such licenses to sell or give away alcoholic beverages and beer. A facility licensed under this subdivision (29)(PPPPPPPP) is not required to be open to the public and does not discriminate against a patron on the basis of gender, race, religion, or national origin;
      199. (QQQQQQQQ)
        1. (i) A commercially operated facility that:
          1. (a) Is located within a designated area situated on at least fifteen (15) acres;
          2. (b) Upon the completion of construction, which may occur in phases, contains a live performance venue with capacity for at least two thousand (2,000) persons, a mixed commercial and residential use development, at least two (2) hotels, and mixed-use commercial buildings that include retail shopping, restaurants, and bars, some of which may be operated by independent licensees, and indoor and outdoor dining options, including open plaza areas for dining and recreational opportunities;
          3. (c) Contains a hotel that is located adjacent to train tracks and that formerly operated as a train terminal;
          4. (d) Contains at least five (5) points of sale that regularly prepare and sell food, alcoholic beverages, or beer;
          5. (e) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census;
          6. (f) Does not extend beyond one thousand seven hundred sixty feet (1,760′) of the geographic center of such designated area; and
          7. (g) May contain areas that are separated by streets or other public or private rights of way;
        2. (ii) Facilities and individual licensees located within such designated area, hereinafter the “primary premises,” and licensed under this subdivision (29)(QQQQQQQQ):
          1. (a) May be either open to the public or only to members and authorized guests; and
          2. (b) Notwithstanding § 57-4-101(p):
            1. (1) May include in its licensed primary premises, solely for purposes of on-premises consumption of alcoholic beverages, unless otherwise provided for herein, any or all of the property that constitutes the primary premises and may include other separately licensed premises located within the boundary of the primary premises. Such premises are not required to be contiguous. Barriers controlling the ingress and egress to the primary premises or other such premises are not required as long as adequate security or other measures sufficient to prevent customers from leaving such primary and other premises with alcoholic beverages is used and maintained; and
            2. (2) Are not required to use labeled cups and glassware, but must serve alcoholic beverages and beer in compliance with the requirements of § 57-4-101(p), which shall include affixing a sticker to the alcoholic beverage or beer container in lieu of serving the beverage in labeled cup or glassware; provided, that a sticker identifying the franchisee or licensee, which is reasonably designed to stay affixed to a container, must comply with § 57-4-101(p);
        3. (iii) Licensees located within the primary premises shall submit a diagram to the commission which details that portion of the primary premises where the licensee intends to serve alcoholic beverages;
        4. (iv) The primary licensee and each licensee licensed under this subdivision (29)(QQQQQQQQ) may:
          1. (a) Serve wine, high gravity beer, and beer in its original container, and spirit-based beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) and an alcohol content that does not exceed fifteen percent (15%) by volume, for on-premises consumption; and
          2. (b) Offer food items for sale and seating for its customers, but are not required to do so;
        5. (v) Facilities and individual licensees located within the primary premises, irrespective of whether or not licensed under this subdivision (29)(QQQQQQQQ), may apply for and obtain a catering license pursuant to subdivision (6) for purposes of selling alcoholic beverages at special events within the primary premises; provided, that such facility shall comply with all requirements to obtain such catering license, except the requirement to have a complete and adequate commercial kitchen facility pursuant to subdivision (6)(B). The licensed premises of a catered event held by such a licensed caterer may include the entire primary premises or a portion thereof designated with the commission;
        6. (vi) A licensee located within the primary premises may prohibit from the exclusive portion of its premises food, beer, or alcoholic beverages which were not purchased from the licensee;
        7. (vii) This subdivision (29)(QQQQQQQQ) must not be construed to prohibit a person or entity located within the primary premises from obtaining another license under this title 57 that the person or entity is otherwise eligible to obtain pursuant to law;
        8. (viii) Each individual facility on the primary premises is independently liable for violations committed by such facility, and a separate facility must not be held liable for the actions of another facility;
        9. (ix) Notwithstanding chapter 5 of this title to the contrary, and subject to the terms of this subdivision (29)(QQQQQQQQ), the premises of a facility licensed under this subdivision (29)(QQQQQQQQ) mean for beer permitting purposes any or all of the premises that constitutes the primary premises. The terms of this subdivision (29)(QQQQQQQQ) that apply to licensees for purposes of consuming alcoholic beverages on the premises also apply to beer permittees; and
        10. (x) A facility licensed under this subdivision (29)(QQQQQQQQ) may hold any of the licenses authorized under this subdivision (29)(QQQQQQQQ) and a beer permit, or may grant a franchise to one (1) or more entities for any or all such licenses or beer permits. The licensee for the primary premises, or franchisor, or any of its franchisees licensed under this subdivision (29)(QQQQQQQQ), or a separate licensee located within the primary premises, may store beer and alcoholic beverages in one (1) or more central storage locations within the primary premises; provided, that each separate licensee's inventory of beer and alcoholic beverages must be stored in a separately locked cage or other storage area. The facility may also contract with a third party for the management of all of the facility's food and beverage operations and service, or for a portion of the facility's food and beverage operations and service;
      200. (RRRRRRRR)
        1. (i) A commercially operated facility that:
          1. (a) Is located within a designated area situated on at least ten (10) acres;
          2. (b) Includes a group of historic brick buildings constructed in 1929 and originally used to manufacture and assemble wood-burning stoves, among other items;
          3. (c) Is included or has been included on the national register of historic places as a national historic landmark;
          4. (d) Includes on its property a water tower originally constructed in 1929 or 1930, standing one hundred ten feet (110′) tall, which has been listed on the national register of historic places;
          5. (e) Upon the completion of construction, which may occur in phases, offers dining and retail shopping experiences, including bars and restaurants with indoor and outdoor dining opportunities, a live performance venue, a private event banquet space, and at least five (5) points of sale that regularly prepare and sell food, alcoholic beverages, or beer; that may be contiguous or noncontiguous; and that may or may not be operated by independent licensees that offer for sale food, alcoholic beverages, or beer;
          6. (f) Is located in the county seat of a county having a population of not less than two hundred forty-seven thousand seven hundred (247,700) and not more than two hundred forty-seven thousand eight hundred (247,800), according to the 2020 federal census or a subsequent federal census;
          7. (g) Does not extend beyond one thousand seven hundred sixty feet (1,760′) of the geographic center of such designated area; and
          8. (h) May contain areas that are separated by sidewalks or other public or private rights-of-way;
        2. (ii) A facility and individual licensees located within such designated area, hereinafter the “primary premises,” and licensed under this subdivision (29)(RRRRRRRR):
          1. (a) May offer food items for sale and seating for its customers but are not required to do so; and
          2. (b) Notwithstanding § 57-4-101(p):
            1. (1) May include within its licensed premises, solely for purposes of on-premises consumption of alcoholic beverages, unless otherwise provided for herein, any or all of the property that constitutes the entirety of the facility and may include other separately licensed premises located within the boundary of the facility. Such premises are not required to be contiguous. Barriers controlling the ingress and egress of the facility or such premises are not required as long as adequate security or other measures sufficient to prevent customers from leaving such facility and premises with alcoholic beverages are used and maintained; and
            2. (2) Is not required to use labeled cups and glassware, but must serve alcoholic beverages and beer in compliance with the requirements of § 57-4-101(p), which includes affixing a sticker to the alcoholic beverage or beer container in lieu of serving the beverage in a labeled cup or glassware; provided, that a sticker identifying the franchisee or licensee, which is reasonably designed to stay affixed to a container, must comply with § 57-4-101(p);
        3. (iii) Licensees located within a facility shall submit a diagram to the commission which details any portion of the facility where the licensee intends to serve alcoholic beverages;
        4. (iv) A facility licensed under this subdivision (29)(RRRRRRRR) may:
          1. (a) Serve wine, high gravity beer, and beer in its original container, and spirit-based beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) with an alcohol content that does not exceed fifteen percent (15%) by volume, for on-premises consumption; and
          2. (b) Be either open to the public or only to members and authorized guests;
        5. (v) A facility located within the primary premises, irrespective of whether or not licensed under this subdivision (29)(RRRRRRRR), may apply for and obtain a catering license pursuant to subdivision (6) for purposes of selling alcoholic beverages at special events within the facility; provided, that such facility shall comply with all requirements to obtain such catering license, except the requirement to have a complete and adequate commercial kitchen facility pursuant to subdivision (6)(B). The licensed premises of a catered event held by such a licensed caterer may include the entire primary premises or any portion thereof specified to the commission;
        6. (vi) A licensee located within the primary premises may prohibit from the exclusive portion of its premises food, beer, or alcoholic beverages that were not purchased from the licensee;
        7. (vii) This subdivision (29)(RRRRRRRR) must not be construed to prohibit a person or entity located within the primary premises from obtaining another license under this title that the person or entity is otherwise eligible to obtain pursuant to law;
        8. (viii) Each individual licensee on the facility premises is independently liable for violations committed by such licensee, and a separate licensee must not be held liable for the actions of another licensee;
        9. (ix) Notwithstanding chapter 5 of this title to the contrary, and subject to the terms of this subdivision (29)(RRRRRRRR), the premises of a licensee licensed under this subdivision (29)(RRRRRRRR) means for beer permitting purposes any or all of the premises that constitutes the facility. Any and all terms of this subdivision (29)(RRRRRRRR) that apply to alcoholic beverage licensees also apply to beer permittees; and
        10. (x) A licensee licensed under this subdivision (29)(RRRRRRRR) may hold any of the licenses authorized under this subdivision (29)(RRRRRRRR) and a beer permit, or may grant a franchise to one (1) or more entities for any or all such licenses or beer permits. The facility may also contract with a third party for the management of all of the facility's food and beverage operations and service, or for a portion of the facility's food and beverage operations and service;
      201. (SSSSSSSS)
        1. (i) A commercially operated facility that:
          1. (a) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census;
          2. (b) Was built in 1945;
          3. (c) Once housed a furniture store;
          4. (d) Serves as a venue for live music, which may include broadcasts of radio and television programming, dancing, banquets, meetings, and other events; and
          5. (e) Has four (4) floors, at least fifty thousand square feet (50,000 sq. ft.), and a capacity for at least one thousand (1,000) guests;
        2. (ii) A facility licensed under this subdivision (29)(SSSSSSSS) is not required to meet a gross revenue percentage requirement for food service as a prerequisite to the issuance of a license to serve liquor-by-the-drink; provided, however, that a facility applying for the renewal of its license under this subdivision (29)(SSSSSSSS) shall pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages;
        3. (iii) The premises of any facility licensed under this subdivision (29)(SSSSSSSS) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises may be covered under one (1) license issued under this subdivision (29)(SSSSSSSS);
        4. (iv) Notwithstanding chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (29)(SSSSSSSS) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises may be covered under one (1) beer permit issued under chapter 5 of this title;
        5. (v) A facility licensed under this subdivision (29)(SSSSSSSS) may seek an additional license as a caterer under subdivision (6); and
        6. (vi) A facility licensed under this subdivision (29)(SSSSSSSS) may hold any of the licenses authorized under this chapter and may grant a franchise to one (1) or more entities for any or all such licenses;
      202. (TTTTTTTT) A commercially operated facility that:
        1. (i) Was established in 1981 and is situated on approximately sixty (60) acres;
        2. (ii) Operates at least four (4) restaurants that serve breakfast, lunch, and dinner; a theater; exercise facilities; senior living; and an outdoor central park;
        3. (iii) Provides seating for at least four hundred twenty (420) patrons; and
        4. (iv) Is located approximately one-quarter (¼) of a mile from the northwest corner of Winchester Road and Kirby Parkway in a municipality with a population of not less than six hundred thirty-three thousand one hundred (633,100) and not more than six hundred thirty-three thousand two hundred (633,200), according to the 2020 federal census or a subsequent federal census;
      203. (UUUUUUUU) A commercially operated facility that:
        1. (i) Is a multipurpose facility established in 2003 and situated on approximately ninety-two (92) acres;
        2. (ii) Maintains 501(c)(3) status and is operated year-round by the board of directors of the TriState Exhibition Center;
        3. (iii) Serves as a venue for horse shows and equine activities, livestock shows, family and community events and programs, instructional events and clinics, concerts, and organizational meetings;
        4. (iv) Operates an arena of approximately sixty thousand square feet (60,000 sq. ft.); a covered warm up arena of approximately forty thousand square feet (40,000 sq. ft.); three hundred eighty (380) stalls; an agricultural education building; and fifty (50) RV hookup sites; and
        5. (v) Is located in a county with not less than one hundred eight thousand six hundred (108,600) and not more than one hundred eight thousand seven hundred (108,700), according to the 2020 federal census or a subsequent federal census;
      204. (VVVVVVVV)
        1. (i) A commercially operated facility that:
          1. (a) Is a public place kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served, with one (1) or more adequate and sanitary kitchens, dining room equipment, and a seating capacity for at least two hundred fifty (250) patrons at tables, counters, and other places for dining, and having a sufficient number and kind of persons to prepare, cook, and serve suitable food for guests;
          2. (b) Is located within four hundred feet (400′) of a public park adjacent to a navigable waterway, and no closer than four hundred feet (400′) from, but within five hundred feet (500′) of, a railway station providing commuter rail service using standard gauge locomotives and coaches;
          3. (c) Is located less than one hundred feet (100′) from a historic saloon built before 1900 and named after a silver dollar coin;
          4. (d) Serves as a venue for live music, dancing, banquets, meetings, meals, and other events;
          5. (e) Has at least five (5) floors, at least nineteen thousand square feet (19,000 sq. ft.) and was constructed in 1900; and
          6. (f) Is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2020 federal census or a subsequent federal census;
        2. (ii) As used in this subdivision (29)(VVVVVVVV), “prime licensee” means the licensee under this subdivision (29)(VVVVVVVV) that has the right to serve alcohol in at least one-half (½) of the building. The prime licensee does not have to sell food;
        3. (iii) One (1) or more licensed entities may operate within the facility, and the premises may overlap; provided, that each licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by each licensee filing a new drawing and without a new application;
        4. (iv) A licensee under this subdivision (29)(VVVVVVVV) may store beer and alcoholic beverages in one (1) or more central storage locations in the facility; provided, that if the licensees share the same storage area, each licensee's inventory of beer and alcoholic beverages must be stored in a separately locked cage or other storage area. Notwithstanding this chapter to the contrary, a licensee may transport beer and alcoholic beverages anywhere in the facility;
        5. (v) An employee of a licensee licensed under this subdivision (29)(VVVVVVVV) may serve alcoholic beverages for another licensee within the facility; provided, that the licensee selling the alcoholic beverages is exclusively liable for a violation of this chapter;
        6. (vi) The prime licensee licensed under this subdivision (29)(VVVVVVVV) may also serve wine, high gravity beer, beer in its original container, and spirit-based beverages in an original container that does not exceed three hundred seventy-five milliliters (375 ml) and alcohol content that does not exceed fifteen percent (15%) by volume. All other licensees shall use labeled cups and glassware, or place stickers identifying the licensee, which are reasonably designed to stay affixed to a container;
        7. (vii) A facility licensed under this subdivision (29)(VVVVVVVV) may operate under one (1) or more business names under the same license within the facility;
        8. (viii) A facility licensed under this subdivision (29)(VVVVVVVV) may grant franchises for the operation of a restaurant in the facility and such franchisees are deemed to be licensees under this subdivision (29)(VVVVVVVV);
        9. (ix) A facility licensed under this subdivision (29)(VVVVVVVV) may seek an additional license as a caterer under § 57-4-102(6). Notwithstanding this chapter to the contrary, the prime licensee licensed under this subdivision (29)(VVVVVVVV) shall have exclusive or non-exclusive rights to a commercial kitchen facility to qualify as a caterer under § 57-4-102(6), and the prime licensee may serve food prepared by the prime licensee or food prepared by one (1) or more other licensed entities in the facility for events catered by the prime licensee; and
        10. (x) Notwithstanding chapter 5 of this title to the contrary, the prime licensee licensed under this subdivision (29)(VVVVVVVV) does not have to sell food to be permitted for the on-premise sale of beer. One (1) or more permitted entities may operate within the facility, and the premises may overlap; provided, that each permittee shall designate the premises to be licensed by the beer board by filing a drawing of the premises, which may be amended by each permittee filing a new drawing and without a new application;
      205. (WWWWWWWW)
        1. (i) A commercially operated facility that:
          1. (a) Has one (1) or more structures having thirty (30) or more residential dwelling units;
          2. (b) Is located in a special historic district; and
          3. (c) Is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2020 federal census or a subsequent federal census;
        2. (ii) A facility licensed under this subdivision (29)(WWWWWWWW) is not required to prepare or serve food or have a kitchen or dining room;
        3. (iii) The licensed premises may include exterior patios, gardens, lawns, swimming pools, and other recreation and entertainment areas throughout the facility; and
        4. (iv) The facility may be open to the public or may limit admission to residents and their guests of the facility;
      206. (XXXXXXXX) A commercially operated facility that:
        1. (i) Was established in 2014 and is situated on approximately ninety-four one hundredths (0.94) of an acre;
        2. (ii) Operates a bed and breakfast, coffee shop, restaurant, and two (2) tiny houses within one and one-half (1.5) miles of the north entrance to Fall Creek Falls State Park;
        3. (iii) Serves as an event venue for weddings, graduations, reunions, conferences, parties, and similar events;
        4. (iv) Hosts an annual goat yoga retreat;
        5. (v) Serves as the largest venue in close proximity to one of the most-visited state parks in this state, with more than one million (1,000,000) visitors per year; and
        6. (vi) Is located in a county with a population of not less than six thousand one hundred (6,100) and not more than six thousand two hundred (6,200), according to the 2020 federal census or a subsequent federal census;
      207. (YYYYYYYY) A commercially operated restaurant that:
        1. (i) Was established in 2006 and contains a restaurant and store;
        2. (ii) Is located in a historic building built more than fifty (50) years ago that contains at least one thousand two hundred square feet (1,200 sq. ft.);
        3. (iii) Hosts events for birthday parties and church groups; and
        4. (iv) Is located less than one hundred feet (100′) from the intersection of state highway 107 and Blue Mill Road in a county having a population of not less than thirty-five thousand nine hundred (35,900) and not more than thirty-six thousand (36,000), according to the 2020 or a subsequent federal census;
      208. (ZZZZZZZZ) A commercially operated restaurant that:
        1. (i) Was established in 2022 on at least one (1) acre in a building constructed in 1970 and specializes in pizza;
        2. (ii) Contains at least two thousand five hundred square feet (2,500 sq. ft.) and has indoor and outdoor covered seating for at least forty (40) patrons; and
        3. (iii) Is located less than one hundred feet (100′) from the intersection of State Highway 107 and Blue Mill Road in a county having a population of not less than thirty-five thousand nine hundred (35,900) and not more than thirty-six thousand (36,000), according to the 2020 or a subsequent federal census;
      209. (AAAAAAAAA) “Corporation,” unless the context otherwise requires, includes an incorporated city that is the county seat of a tourist resort county, as that term is defined in § 42-1-301, only for the purposes of obtaining a license permitting consumption of alcoholic beverages on the premises or obtaining a beer permit;
      210. (BBBBBBBBB)
        1. (i) A municipality that:
          1. (a) Is the county seat of a tourist resort county, as defined in § 42-1-301;
          2. (b) Owns and operates a thirty-six-hole golf course at which at least forty-five thousand (45,000) rounds are played each year; and
          3. (c) Owns and operates a restaurant;
        2. (ii) The premises of a municipality designated under this subdivision (29)(BBBBBBBBB) means, for purposes of consumption of alcoholic beverages on the premises, those facilities identified under subdivisions (29)(BBBBBBBBB)(i)(b) and (c). The entire designated premises is covered under one (1) license issued under this subdivision (29)(BBBBBBBBB); and
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, a municipality licensed under this subdivision (29)(BBBBBBBBB) may obtain a beer permit. The premises of a municipality licensed under this subdivision (29)(BBBBBBBBB) means, for beer permitting purposes, those facilities identified under subdivisions (29)(BBBBBBBBB)(i)(b) and (c). The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
      211. (CCCCCCCCC)
        1. (i) A commercially owned marina, resort, and recreational facility that:
          1. (a) Is named after the Native American who developed the Cherokee syllabary;
          2. (b) Is located on real property containing approximately twenty (20) acres of fee simple upland real property and an easement, lease, or license of no less than twenty-eight (28) acres of upland and submerged real property used for recreational purposes;
          3. (c) Is located within one thousand feet (1,000′) of the intersection between Kristen Lane and Lakeview Lane;
          4. (d) Is located on a lake having no less than seven hundred seventy-five (775) miles of shoreline covering thirty-three thousand (33,000) acres of pristine waters, and is the largest reservoir on a tributary of the Tennessee River;
          5. (e) Operates at least four hundred (400) boat slips, a fuel dock, boat rentals, and a full-service ship store;
          6. (f) Operates a restaurant with indoor and outdoor seating for at least seventy-five (75) patrons, and that serves meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners or managers; provided, however, food services are made available at all times when alcoholic beverages are being served; and
          7. (g) Is located in a county having a population of not less than seventy-seven thousand one hundred (77,100) nor more than seventy-seven thousand two hundred (77,200), according to the 2020 federal census or a subsequent federal census;
        2. (ii) A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) A facility licensed under this subdivision (29)(CCCCCCCCC) may obtain a license as a caterer under subdivision (6);
      212. (DDDDDDDDD)
        1. (i) A commercially operated facility that:
          1. (a) Was established in 2023 and is located on approximately thirteen (13) acres;
          2. (b) Is a walkable, mixed-use retail and commercial facility totaling approximately one hundred fifty thousand square feet (150,000 sq. ft.) and that is composed of up to twenty (20) mixed-use buildings for restaurants and food service, retail, office space, and similar services;
          3. (c) Is located approximately three (3) miles from the Tennessee-Georgia state line and lies contiguous to State Highway 321 and State Highway 320;
          4. (d) Is located within two thousand feet (2,000′) of an elementary school, a high school, and Hurricane Creek; and
          5. (e) Is located in a county with a population of at least three hundred sixty-six thousand two hundred (366,200) and not more than three hundred sixty-six thousand three hundred (366,300), according to the 2020 or a subsequent federal census; and
        2. (ii) The premises of a facility licensed under this subdivision (29)(DDDDDDDDD) means any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      213. (EEEEEEEEE) A commercially operated facility whether open to the public or limited to members and guests that:
        1. (i) Is a for-profit social club, organized and existing under the laws of this state that has at least two hundred fifty (250) members paying dues on a monthly, quarterly, annually, or other basis;
        2. (ii) Is located within or adjacent to a residential development consisting of at least two hundred seventy-five (275) residential units, and the club property and such residential development consists of at least two (2) acres, inclusive of the facility;
        3. (iii) Is at least seven thousand five hundred square feet (7,500 sq. ft.), with a maximum occupancy of at least two hundred (200) guests;
        4. (iv) Is organized and operated to offer its members, their guests, and others a live entertainment venue, an artistic environment for networking, a unique culinary experience, and philanthropic opportunities;
        5. (v) Does not discriminate against members, potential members, or guests of such members on the basis of age, gender, race, religion, or national origin; and
        6. (vi) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census.
      214. (FFFFFFFFF) A commercially operated facility that:
        1. (i) Offers a versatile, mixed-use event venue to host live performances, small workshops, community events, professional development conferences, continuing education seminars, and oral histories;
        2. (ii) Is located in a historic downtown building in a previous professional office consisting of three thousand nine hundred seventy-seven square feet (3,977 sq. ft.);
        3. (iii) Offers restaurant seating for approximately forty (40) to sixty (60) patrons, with additional patio seating for approximately fifteen (15) patrons;
        4. (iv) Contains a singer-songwriter listening room and a dedicated storytelling venue; and
        5. (v) Is located in a county with a metropolitan government with a population in excess of five hundred thousand (500,000), according to the 2020 or any subsequent federal census;
      215. (GGGGGGGGG) A commercially operated bed and breakfast establishment that:
        1. (i) Was established in 2020 on approximately one-half (½) acre and contains approximately twelve thousand three hundred twenty-four square feet (12,324 sq. ft.) of building space;
        2. (ii) Includes a former church that was built in 1895 with chapel seating for two hundred (200) persons;
        3. (iii) Has at least six (6) rooms available for overnight accommodations and seating for at least fifty (50) in a restaurant, fifty (50) on a patio, and twenty (20) in a lounge;
        4. (iv) Is a venue for weddings, community events, and musical performances; and
        5. (v) Is located in a county having a population of not less than fifty thousand four hundred (50,400) and not more than fifty thousand five hundred (50,500), according to the 2020 or a subsequent federal census;
      216. (HHHHHHHHH) A commercially operated facility that:
        1. (i) Was established in 2021 on approximately sixty (60) acres;
        2. (ii) Includes a hotel with at least thirteen (13) rooms, day spa facility, hiking trails, and indoor and outdoor event spaces;
        3. (iii) Is used for weddings, corporate meetings, and other events; and
        4. (iv) Is located less than five (5) miles from the Tennessee-Kentucky border in a county having a population of not less than twenty-one thousand eight hundred (21,800) and not more than twenty-one thousand nine hundred (21,900), according to the 2020 or a subsequent federal census;
      217. (IIIIIIIII) A commercially operated facility that:
        1. (i) Was established in 1963 and is situated on approximately fifty-seven one-hundredths (0.57) of an acre;
        2. (ii) Contains approximately four thousand square feet (4,000 sq. ft.);
        3. (iii) Operates a restaurant with seating for approximately seventy-five (75) patrons and patio seating for approximately fifty (50) patrons;
        4. (iv) Contains an outdoor patio and music venue with two (2) stages for live music with stage and sound equipment;
        5. (v) Serves as a venue for private events, concerts, and community events;
        6. (vi) Is situated approximately two thousand feet (2,000′) North of Big Spring Creek between Highway 46 and Tidwell Loop; and
        7. (vii) Is located in a county with a population of not less than twenty-four thousand nine hundred (24,900) and not more than twenty-five thousand (25,000), according to the 2020 or a subsequent federal census;
      218. (JJJJJJJJJ) A commercially operated facility that:
        1. (i) Was established in 2019, is situated on approximately twenty-two and one-half (22.5) acres, and contains facilities with approximately three thousand nine hundred fourteen square feet (3,914 sq. ft.);
        2. (ii) Is an outdoor hospitality resort with a community building, a pool, a slide, a barn, and tiny home, RV, and glamping tent rentals;
        3. (iii) Operates a restaurant or food service with seating for at least twelve (12) patrons and patio seating for an additional thirty-two (32) patrons;
        4. (iv) Was formerly operated as a farm and a campground, and that has a facility theme reflecting that history consistent with farm heritage and outdoor recreation;
        5. (v) Serves as a periodic event venue;
        6. (vi) Offers recreational activities, including camping, fishing, kayaking, biking, and hiking;
        7. (vii) Offers approximately seven (7) rooms for lodging;
        8. (viii) Is located within five hundred feet (500′) to the East of the Piney River off of Piney River Road North; and
        9. (ix) Is located in a county with a population of not less than twenty-four thousand nine hundred (24,900) and not more than twenty-five thousand (25,000), according to the 2020 or a subsequent federal census;
      219. (KKKKKKKKK)
        1. (i) A commercially or privately operated recreational facility that:
          1. (a) Is located at the confluence of Rutherford and Aenon creeks and is named after an indigenous sparrow;
          2. (b) Operates a golf course having at least eighteen (18) holes for use by its members and their guests and that may also be open to the public;
          3. (c) Has at least two hundred twenty-five (225) dues-paying members who pay dues of at least three hundred dollars ($300) per year;
          4. (d) Operates a clubhouse with not less than five thousand square feet (5,000 sq. ft.) with a suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily, at least five (5) days a week;
          5. (e) Does not discriminate against a person on the basis of age, gender, race, religion, or national origin; and
          6. (f) Is located in a county having a population of not less than one hundred thousand nine hundred (100,900) and not more than one hundred one thousand (101,000), according to the 2020 or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(KKKKKKKKK) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(KKKKKKKKK) means, for beer permitting purposes, any or all of the property that constitutes the facility as designated in this subdivision (29)(KKKKKKKKK). The licensee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        4. (iv) A facility licensed under this subdivision (29)(KKKKKKKKK) may grant a franchise for the provision of food or beverages, including alcoholic beverages, on its premises, and the holder of such franchise is deemed to be a licensee under this subdivision (29)(KKKKKKKKK);
      220. (LLLLLLLLL) A commercially operated facility that:
        1. (i) Is situated on approximately one hundred forty-eight (148) acres between Interstate 40 and Rocky Branch surrounding Genesis Lake;
        2. (ii) Operates an eighteen-hole golf course with a clubhouse, pro shop, and driving range;
        3. (iii) Includes a restaurant with approximately six thousand square feet (6,000 sq. ft.) with seating for one hundred twelve (112) patrons, patio seating for approximately forty (40) patrons, and bar seating for thirty-five (35) patrons;
        4. (iv) Serves as an event venue for parties, reunions, engagements, weddings, and similar events; and
        5. (v) Is located in a county with a population of not less than sixty-one thousand one hundred (61,100) and not more than sixty-one thousand two hundred (61,200), according to the 2020 or a subsequent federal census;
      221. (MMMMMMMMM)
        1. (i) A commercially operated facility that:
          1. (a) Operates as a hotel and is located in a historic building constructed in 1898 that originally served as a shoe store and became a jewelry store in 1908, for which the building is named;
          2. (b) Offers sleeping accommodations for adequate pay to travelers and guests, whether transient, permanent, or residential, totaling twelve (12) or more rooms;
          3. (c) Has a restaurant where meals are regularly served with one (1) or more public dining rooms, adequate and sanitary kitchen facilities, and seating at not less than forty (40) tables;
          4. (d) Is located less than five hundred feet (500′) from a historic theater that first opened in 1928 as a movie theater and is operated by a nonprofit organization as a performing arts center;
          5. (e) Is located less than four hundred feet (400′) from a historic market square founded prior to 1860; and
          6. (f) Is located in a county having a population of not less than four hundred seventy-eight thousand nine hundred (478,900) and not more than four hundred seventy-nine thousand (479,000), according to the 2020 or a subsequent federal census;
        2. (ii) A facility licensed under this subdivision (29)(MMMMMMMMM) shall comply with all the requirements of this chapter and is subject to the restrictions imposed upon licenses other than § 57-4-103; and
        3. (iii) A facility licensed under this subdivision (29)(MMMMMMMMM) may grant a franchise for the provision of food or beverages, including alcoholic beverages, on its premises, and the holder of such franchise is deemed to be a licensee under this subdivision (29)(MMMMMMMMM);
      222. (NNNNNNNNN) A commercially operated facility that:
        1. (i) Operates a recreation and event center situated on approximately thirty-three (33) acres within approximately one (1) mile of the Merchant's Greene Shopping Center;
        2. (ii) Was established in 2023;
        3. (iii) Has approximately one hundred fifteen thousand square feet (115,000 sq. ft.) of facility space;
        4. (iv) Has a patio of approximately four thousand five hundred sixteen square feet (4,516 sq. ft.);
        5. (v) Serves as a community event center, an athletics venue, and meeting and conference venue;
        6. (vi) Hosts parties, weddings, board meetings, lunch and learn events, expositions, fitness classes and training, tournaments, athletic activities, and job fairs;
        7. (vii) Is newly constructed with modern amenities designed to recognize the importance of local aviation history; and
        8. (viii) Is located in a county with a population of not less than sixty-four thousand four hundred (64,400) and not more than sixty-four thousand five hundred (64,500), according to the 2020 or a subsequent federal census;
      223. (OOOOOOOOO) A commercially operated facility that:
        1. (i) Was established in 2023 and is situated on one hundred twenty-five (125) acres;
        2. (ii) Operates a golf course, clubhouse, pro shop, pool, and maintenance barn;
        3. (iii) Operates a restaurant with seating for eighty (80) patrons and additional patio seating for twenty (20) patrons, situated in a building with approximately four thousand five hundred square feet (4,500 sq. ft.);
        4. (iv) Serves as a sports, entertainment, and mixed-use venue that hosts golf tournaments, weddings, birthdays, anniversaries, and similar events;
        5. (v) Is located within twenty (20) miles of the Great Smoky Mountains National Park and the Cherokee National Forest, and approximately four thousand feet (4,000′) west of the Pigeon River; and
        6. (vi) Is located in a county with a population of not less than thirty-five thousand nine hundred (35,900) and not more than thirty-six thousand (36,000), according to the 2020 or a subsequent federal census;
      224. (PPPPPPPPP)
        1. (i) A commercially operated facility that:
          1. (a) Was established in 2023 on forty-six (46) acres on the shores of Watts Bar Lake;
          2. (b) Contains a marina with at least one hundred (100) boat slips, sites for at least one hundred forty-five (145) recreational vehicles, a gas dock, a pool, laundry and bathing facilities, a store, and a restaurant with indoor seating for at least eighteen (18) patrons and outdoor seating for at least thirty (30) patrons; and
          3. (c) Is located in a county having a population of not less than fifty-three thousand four hundred (53,400) and not more than fifty-three thousand five hundred (53,500), according to the 2020 or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(PPPPPPPPP) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may include property owned or leased by the facility and property that is contiguous to the property of the facility that is defined in this subdivision (29)(PPPPPPPPP). The entire designated premises is covered under one (1) license issued under this subdivision (29)(PPPPPPPPP);
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(PPPPPPPPP) means, for beer permitting purposes, any or all of the property that constitutes the facility as described in subdivision (29)(PPPPPPPPP)(ii). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        4. (iv) A facility licensed under this subdivision (29)(PPPPPPPPP) may obtain a license as a caterer under subdivision (6);
        5. (v) A facility licensed under this subdivision (29)(PPPPPPPPP) may grant a franchise right to one (1) or more entities that can hold a caterer's license pursuant to this subdivision (29)(PPPPPPPPP);
        6. (vi) A facility licensed under this subdivision (29)(PPPPPPPPP) may deliver alcoholic beverages to any area within the licensed premises of the facility; and
        7. (vii) A facility licensed under this subdivision (29)(PPPPPPPPP) is not required to meet a gross revenue percentage requirement for food service as a prerequisite to the issuance of a license to serve liquor by the drink; provided, however, that a facility applying for the renewal of its license under this subdivision (29)(PPPPPPPPP) must pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages;
      225. (QQQQQQQQQ)
        1. (i) A commercially operated facility that:
          1. (a) Operates a restaurant that is open to the public in the clubhouse of a golf course;
          2. (b) Contains a commercial-grade kitchen and seating for at least eighty-five (85) persons inside of the clubhouse at tables;
          3. (c) Overlooks a golf course which is bordered by State Highway 55 between Harvest Farm Lake Road and Lakeland Drive;
          4. (d) Does not discriminate against any patron on the basis of gender, race, religion, or national origin; and
          5. (e) Is located within a county having a population of not less than forty thousand nine hundred (40,900) nor more than forty thousand nine hundred seventy-five (40,975), according to the 2020 or a subsequent federal census; and
        2. (ii) A licensee under this subdivision (29)(QQQQQQQQQ) may grant a franchise for the provision of food or beverages, including alcoholic beverages, on its premises, and the holder of the franchise is deemed to be a licensee under this subdivision (29)(QQQQQQQQQ);
      226. (RRRRRRRRR)
        1. (i) A commercially operated facility that is located within a downtown art district that meets all of the requirements under this section for a restaurant or limited service restaurant other than the applicable seating requirements; provided, that such facility has seating for at least five (5) patrons at tables;
        2. (ii) The company that owns the property within the downtown art district shall designate the premises of the downtown art district by filing a drawing of the premises with the commission, which may be amended to expand or contract from time to time by the company filing a new drawing with the commission;
        3. (iii) The downtown art district as used in this subdivision (29)(RRRRRRRRR) may also include art studios. An art studio that does not sell food or beverages and ninety percent (90%) of its revenue is from the sale of art created within the art studio may serve beer and wine to visitors to such art studio without a charge. Such art studio shall not serve beer or wine to a patron who is intoxicated or believed to be intoxicated. Such art studio does not need to offer the retail sale of art at the art studio. Notwithstanding another law to the contrary, an art studio permitted to serve beer and wine under this subdivision (29)(RRRRRRRRR) is not required to pay any fees or taxes related to the privilege of serving beer and wine;
        4. (iv) Each facility licensed under this subdivision (29)(RRRRRRRRR) shall designate an exclusive licensed premises and any non-exclusive common areas in the downtown art district by filing a drawing of the exclusive licensed premises and the non-exclusive common areas in the downtown art district with the commission, which may be amended by filing a new drawing. The non-exclusive common areas may include contiguous and non-contiguous seating areas with or without table service, bars to serve alcoholic beverages, and may deliver alcoholic beverages to any area within its licensed premises, subject to limitations imposed by the lease, which may specify the times, the locations, and other restrictions on the service of alcoholic beverages and beer. The non-exclusive common areas may include art studios, public sidewalks, and the alley identified in subdivision (29)(RRRRRRRRR)(viii)(b)(3). Barriers controlling the ingress and egress of the downtown art district are not required as long as adequate security, signage, or other measures sufficient to deter customers from leaving the facility and premises with alcoholic beverages are used and maintained;
        5. (v) A facility licensed under this subdivision (29)(RRRRRRRRR) does not have to use labeled cups and glassware inside the exclusive licensed premises. The service of alcoholic beverages and beer outside the exclusive licensed premises, or consumed by guests outside the exclusive licensed premises, must otherwise be in compliance with the requirements of § 57-4-101(p); provided, that a sticker identifying the facility selling such beverage, which is reasonably designed to stay affixed to an original container, is deemed to comply with § 57-4-101(p);
        6. (vi) Notwithstanding a provision of chapter 5 of this title to the contrary:
          1. (a) The premises licensed under this subdivision (29)(RRRRRRRRR) means, for beer permitting purposes, any or all of the property that constitutes the premises. The licensee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises with such board, which may be amended by the licensee filing a new drawing. The entire designated premises are covered under one (1) beer permit issued under chapter 5 of this title;
          2. (b) The licensee and any other entity licensed under this subdivision (29)(RRRRRRRRR) that holds a beer permit issued by the local beer board may, upon filing notice with the beer board, share a common permitted area;
          3. (c) Any and all terms of this subdivision (29)(RRRRRRRRR) that apply to licensees also apply to the beer permits of such licensees; and
          4. (d) A facility licensed under this subdivision (29)(RRRRRRRRR) is not required to meet the seating or restroom requirements imposed by the local municipality or beer board;
        7. (vii) Each licensee under this subdivision (29)(RRRRRRRRR) is independently liable for violations committed by such licensee or art studio, and a separate licensee must not be held liable for the actions of another licensee or art studio. This subdivision (29)(RRRRRRRRR)(vii) applies to actions brought by the commission and the local beer board;
        8. (viii) As used in this subdivision (29)(RRRRRRRRR):
          1. (a) “Art studio” means a work space for artists that is located in the downtown art district; and
          2. (b) “Downtown art district” means an area with specific boundaries that possesses the following characteristics:
            1. (1) One (1) square block bounded by Fourth Avenue North, Church Street, Representative John Lewis Way, and Union Street, excluding the following properties known as:
              1. (A) Lots 2, 3, 6, 7, and 8 from the plan of Nichol Heirs subdivision of part of Lot 76 of the urban services district;
              2. (B) Lot 1, known as the Third National Bank Tower;
              3. (C) Part of Lot 65 of the urban services district at the corner of Fourth Avenue North and Church Street; and
              4. (D) Part of Lot 64 of the urban services district at the corner of Fourth Avenue North and Union Street;
            2. (2) Includes an interior plaza with entrances located at Fourth Avenue and Representative John Lewis Way that is marked by identical Palladian facades and was once known as Overton Alley;
            3. (3) Includes the section of the alley named for the interior plaza marked by identical Palladian facades parallel to Fourth Avenue and Representative John Lewis Way that extends from Union Street to the southern end of the property known by the municipal tax assessor tax map and parcel number as 09306105500. The alley may be used for the purpose of guests carrying properly labeled open containers of beer or alcoholic beverages, or for such other purposes as may be allowed by the municipality, including tables, chairs, table service, and bars serving beer and alcoholic beverages in the alley;
            4. (4) Includes sidewalks connecting the structures in the downtown arts district for the limited purpose of guests carrying properly labeled open containers of beer or alcoholic beverages between licensed establishments;
            5. (5) Does not discriminate against any guest on the basis of age, gender, race, religion, or national origin; and
            6. (6) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2020 or a subsequent federal census; and
        9. (ix) A facility licensed under this subdivision (29)(RRRRRRRRR) that has seating for between five (5) and twenty (20) patrons at tables shall pay an annual license fee of six hundred fifty dollars ($650) and a one-time application fee of three hundred dollars ($300);
      227. (SSSSSSSSS)
        1. (i) A commercially operated facility that:
          1. (a) Upon completion of construction, which may occur in phases:
            1. (1) Is located on approximately four and eighteen one-hundredths (4.18) acres of real property that is less than two hundred fifty feet (250′) from a navigable waterway and connected to a municipal greenway;
            2. (2) Offers between two hundred thousand square feet (200,000 sq. ft.) and three hundred thousand square feet (300,000 sq. ft.) of office space in two (2) buildings and between three hundred twenty-five (325) and three hundred seventy-five (375) residences in a single building;
            3. (3) Is located less than one hundred feet (100′) from a municipal garage constructed beginning in 1939 and partially funded from a federal works progress administration appropriation;
            4. (4) Is located less than one hundred feet (100′) from a municipal district energy system originally constructed in 1974 to convert solid waste to steam for heating and cooling buildings; and
            5. (5) Is located less than two hundred fifty feet (250′) from a bridge constructed beginning in 2001 that crosses a navigable waterway;
          2. (b) Does not discriminate against any guest on the basis of age, gender, race, religion, or national origin; and
          3. (c) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2020 or a subsequent federal census;
        2. (ii) An agent may hold a license under this subdivision (29)(SSSSSSSSS) for the plaza, and may offer food items for sale and seating for its customers, but is not required to do so. The agent may grant a franchise for such privileges. The agent is not required to hold a license under this subdivision (29)(SSSSSSSSS) in order for licenses to be issued to plaza restaurants;
        3. (iii) Each plaza restaurant must be granted an exclusive licensed premises, and must also have such rights to serve alcoholic beverages and beer on the plaza as designated by the agent, which is collectively the licensed premises of each plaza restaurant. Barriers controlling the ingress and egress to the exclusive licensed premises are not required as long as the plaza restaurant has adequate security, signage, or other measures to reasonably deter customers from leaving the exclusive licensed premises with alcoholic beverages or beer. Each plaza restaurant is responsible for alcoholic beverages and beer leaving the exclusive licensed premises. Each plaza restaurant shall submit a diagram to the commission which identifies the exclusive licensed premises and all portions of the plaza on which the plaza restaurant intends to have the right to sell alcoholic beverages and beer, which is collectively the licensed premises, and which may be amended by the plaza restaurant filing a new drawing. A plaza restaurant may have exclusive or non-exclusive use of contiguous and non-contiguous seating, including table service, may set up bars to serve alcoholic beverages and beer, and may deliver alcoholic beverages and beer to any area within its licensed premises, subject to limitations imposed by the agent. The agent may specify the times, locations, alcoholic content, and container size for purposes of alcoholic beverages and beer sold on the premises, and may impose any other restrictions on the service of alcoholic beverages and beer by plaza restaurants on the plaza;
        4. (iv) Notwithstanding chapter 5 of this title to the contrary, the premises licensed under this subdivision (29)(SSSSSSSSS) by the agent and each plaza restaurant means, for beer permitting purposes, any or all of the property that constitutes the premises. The licensee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises are covered under one (1) beer permit issued under chapter 5 of this title. The licensee and any other entity in the plaza that holds a beer permit issued by the local beer board may, upon filing notice with the beer board, share a common permitted area on the premises of the plaza. The terms of this subdivision (29)(SSSSSSSSS) that apply to alcoholic beverage licensees also apply to beer permittees;
        5. (v) Except for alcoholic beverages and beer sold or served directly to consumers by the agent through the agent's employees, the agent does not have any liability for an injury, damage, loss, or claim based, in whole or in part, on the action or inaction of a plaza restaurant or franchisee, or agents, contractors, or employees of such plaza restaurant or franchisee, including those arising under § 57-10-102, under theories of negligent hiring, negligent retention, or vicarious liability for alcoholic beverages or beer served or otherwise provided under any license issued under this subdivision (29)(SSSSSSSSS);
        6. (vi) The agent and a plaza restaurant licensed under this subdivision (29)(SSSSSSSSS) may serve wine, high gravity beer, and alcoholic beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) and an alcohol content that does not exceed fifteen percent (15%) by volume, for on-premises consumption. The agent and a plaza restaurant licensed under this subdivision (29)(SSSSSSSSS) may serve beer in original containers not to exceed seven hundred fifty milliliters (750 ml);
        7. (vii) The agent does not have to use labeled cups and glassware. A plaza restaurant does not have to use labeled cups and glassware inside the exclusive licensed premises. Alcoholic beverages and beer served by a plaza restaurant outside the exclusive licensed premises, or consumed by guests outside the exclusive licensed premises, are subject to the requirements of § 57-4-101(p); provided, that a sticker identifying the plaza restaurant, which is reasonably designed to stay affixed to an original container, is deemed to comply with § 57-4-101(p). A plaza restaurant may prohibit from the exclusive licensed premises food, beer, or alcoholic beverages that were not purchased from the licensee;
        8. (viii) Each separate operating entity under this subdivision (29)(SSSSSSSSS), whether the agent, a plaza restaurant, or a franchisee, is independently liable for violations committed by a respective licensee, and another licensee must not be held liable for the actions of another licensee. This subdivision (29)(SSSSSSSSS)(viii) applies to actions brought by the commission and the beer board;
        9. (ix) A plaza restaurant or agent licensed under this subdivision (29)(SSSSSSSSS) that also holds a catering license may file a notice for a catered event at an adjacent premises, including upon the municipal greenway with the consent of the parks and recreation board, and alcoholic beverages and beer may be carried between the plaza, greenway, or other adjacent premises. The plaza, greenway, and adjacent premises must be deemed as one (1) licensed premises for the duration of the catered event;
        10. (x) A plaza restaurant licensed under this subdivision (29)(SSSSSSSSS) is not required to meet any gross revenue percentage requirements for food service as a prerequisite to the issuance of a plaza restaurant license to serve liquor by the drink, and the license fee for a plaza restaurant must be based upon seating pursuant to § 57-4-301(b)(1)(R); provided, that a plaza restaurant applying for renewal of its license under this subsection (29)(SSSSSSSSS) shall pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages. The license fee for an agent or its franchisee is that amount prescribed by § 57-4-301(b)(1)(C); and
        11. (xi) As used in this subdivision (29)(SSSSSSSSS):
          1. (a) “Agent” means the property owner of the facility or its designee, as may be designated from time to time by filing notice with the commission;
          2. (b) “Plaza” means all areas of the facility designated by the agent by the filing of a drawing of the plaza with the commission, which may be amended by the agent filing a new drawing. A plaza may contain areas that are separated by sidewalks or other public or private rights-of-way; and
          3. (c) “Plaza restaurant” means the holder of a franchise granted by the agent that offers prepared food items for sale, seating for its customers, and is licensed under this subdivision (29)(SSSSSSSSS);
      228. (TTTTTTTTT) A commercially operated restaurant that:
        1. (i) Was established in 2021 and is situated on approximately one and one-half (1.5) acres;
        2. (ii) Has approximately one thousand five hundred square feet (1,500 sq. ft.);
        3. (iii) Has seating for approximately fifty-seven (57) patrons and additional patio seating for approximately fifty-four (54) patrons;
        4. (iv) Is located approximately ten (10) miles from the Piney River and Canoe Camp, and approximately two (2) miles from Storytellers Museum; and
        5. (v) Is located in a county with not less than fifty-four thousand three hundred (54,300) and not more than fifty-four thousand four hundred (54,400), according to the 2020 or a subsequent federal census;
      229. (UUUUUUUUU)
        1. (i) A commercially operated facility that:
          1. (a) Is a restaurant and private club;
          2. (b) Is located on real property on the southern corner of Fourth Avenue South and Molloy Street;
          3. (c) Includes a building that is no less than three (3) stories tall;
          4. (d) Contains a restaurant with at least fifteen (15) seats combined, both indoors and outdoors, that serves meals on a weekly basis, except during closures for private groups or events and during general maintenance and remodeling by the owners or managers; provided, that, food services are available during times that alcoholic beverages are being served; and
          5. (e) Is located in a county with a metropolitan government and a population of not less than five hundred thousand (500,000), according to the 2020 or a subsequent federal census;
        2. (ii) A facility licensed under this subdivision (29)(UUUUUUUUU) may obtain a private club license from the commission and a beer permit, and may sell alcoholic beverages and beer to members and guests on an exclusive basis, and allow access to the private club to be on a limited basis, and not accessible to the general public;
        3. (iii) A facility licensed under this subdivision (29)(UUUUUUUUU) may provide alcoholic beverage services to patrons or allow private locker services to members as permitted by the commission, and may provide bottle service to members, subject to complying with age requirements and preventing overconsumption by patrons;
        4. (iv) A facility licensed under this subdivision (29)(UUUUUUUUU) shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        5. (v) A facility licensed under this subdivision (29)(UUUUUUUUU) may obtain a license as a caterer under subdivision (6);
        6. (vi) A facility licensed under this subdivision (29)(UUUUUUUUU) may designate the third floor of the facility as a cigar lounge for the use of private club patrons who are twenty-one (21) years of age or older; and
        7. (vii) The facility shall provide adequate security during the regular hours of operation;
      230. (VVVVVVVVV)
        1. (i) A commercially operated facility that:
          1. (a) Is located within a designated area inside of a historic brick building, originally constructed prior to 1910, in the Victorian eclectic commercial style of architecture;
          2. (b) Is located west of the Cumberland River;
          3. (c) Is included or has been included in an area designated by the United States department of the interior as the Broadway Historic District;
          4. (d) Upon the completion of construction, which may occur in phases, offers an indoor dining and hospitality experience and any outdoor rooftop dining and hospitality experience overlooking Broadway; and
          5. (e) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2020 or a subsequent federal census;
        2. (ii) Facilities and individual licensees located within such designated area and licensed under this subdivision (29)(VVVVVVVVV):
          1. (a) May offer prepared food items for sale and seating for its customers but are not required to do so;
          2. (b) May, notwithstanding § 57-4-101(p), include in its licensed premises, solely for purposes of on-premises consumption of alcoholic beverages, unless otherwise provided for in this subdivision (29)(VVVVVVVVV), any or all of the property that constitutes the facility, and the building in which the facility is located, which may include other separately licensed premises located within the boundaries of the facility, its restaurants, or other food service establishments that are not licensed;
          3. (c) Are not required to be contiguous;
          4. (d) Are not required to contain barriers controlling the ingress and egress of the facility or such separate premises located in the same building as the facility if adequate security or other measures sufficient to prevent customers from leaving such facility and premises with alcoholic beverages are used and maintained;
          5. (e) Do not have to use labeled cups and glassware, but must serve alcoholic beverages and beer in compliance with the requirements of § 57-4-101(p), which shall include affixing a sticker to the alcoholic beverage or beer container in lieu of serving the beverage in a labeled cup or glassware; provided, that a sticker identifying the franchisee or licensee, which is reasonably designed to stay affixed to a container, is deemed to comply with § 57-4-101(p);
          6. (f) Shall submit a diagram to the commission that details any portion of the facility where the licensee intends to serve alcoholic beverages;
          7. (g) May serve wine, high gravity beer, and beer in its original container, and spirit-based beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) with an alcohol content that does not exceed fifteen percent (15%) by volume, for on-premises consumption;
          8. (h) May be open to the public or to only members and authorized guests of members; and
          9. (i) May offer to members secure alcoholic beverage lockers for the storage of bottles of alcoholic beverages; provided, that the design and plan for the lockers is approved by the commission;
        3. (iii) A facility located within a designated area, irrespective of whether or not the facility is licensed under this subdivision (29)(VVVVVVVVV), may apply for and obtain a catering license pursuant to subdivision (6) and is exempt from the requirement to have a complete and adequate commercial kitchen facility pursuant to subdivision (6). A licensee located in such a facility is not required to obtain a catering license in order to sell or serve alcoholic beverages or beer in any portion of the building in which the facility is located. If a licensee wishes to serve alcoholic beverages in the facility and outside of the licensee's licensed premises, the licensee shall provide notice to the commission of the dates of service and the location of any areas of service;
        4. (iv) This subdivision (29)(VVVVVVVVV) must not be construed to prohibit a person or entity located within the facility from obtaining any other license under this title that the person or entity is eligible to obtain pursuant to law;
        5. (v) Each individual licensee on the facility premises or in the building in which the facility is located is independently liable for violations committed by such licensee, and a separate licensee or unlicensed business must not be held liable for the actions of another licensee;
        6. (vi) Notwithstanding chapter 5 of this title to the contrary, and subject to this subdivision (29)(VVVVVVVVV), the premises of a licensee licensed under this subdivision (29)(VVVVVVVVV) means for beer permitting purposes any or all of the premises that constitutes the facility. The provisions of this subdivision (29)(VVVVVVVVV) that apply to alcoholic beverage licensees also apply to beer permittees; and
        7. (vii) A licensee licensed under this subdivision (29)(VVVVVVVVV) may hold any of the licenses authorized under this subdivision (29)(VVVVVVVVV) and a beer permit, or may grant a franchise to one (1) or more entities for any or all such licenses or beer permits. The facility may also contract with a third party for the management of all of the facility's food and beverage operations and service, or for a portion of the facility's food and beverage operations and service, which contracting does not require the licensure of the third-party management company;
      231. (WWWWWWWWW) A commercially operated facility that:
        1. (i) Is a for-profit membership-based social club, organized and existing under the laws of this state, that is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2020 or a subsequent federal census;
        2. (ii) Is located within a building containing three (3) floors and a rooftop area, totaling approximately six thousand square feet (6,000 sq. ft.) per floor that houses a bar, lockers, meeting and relaxation space, and conference rooms;
        3. (iii) Is within a central business improvement district as of 2024;
        4. (iv) Is organized and operated exclusively for offering an upscale business club environment for learning and networking, where members receive exclusive access to amenities and opportunities in the city;
        5. (v) Has at least ten (10) members paying monthly or annual dues, as of January 1, 2024, with a copy of membership applications on file on the premises, and that issues to its members a proximity reader security access card which authorizes admittance of the member and bona fide guests of such member;
        6. (vi) Offers its members the ability to purchase all club-related services and experiences through cash or credit card;
        7. (vii) Offers its members access to multiple locations across the United States, each tailored to its city and located in prime business districts;
        8. (viii) Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, creed, color, sex, age, religion, or national origin;
        9. (ix) May be open to the public or may limit access to areas within the premises to members only; and
        10. (x) The premises of which include all floors of the singular building constituting the club, whether contiguous or not, and connected through stairwells and elevators; the rooftop area; and any area within the building designated by the club in its application for licensure for consumption of alcoholic beverages on the premises;
      232. (XXXXXXXXX) A commercially operated facility that:
        1. (i) Operates a motor speedway with an asphalt racetrack that is four-tenths (0.4) of a mile long, and an event center on approximately thirty-two (32) acres;
        2. (ii) Was established in 1977;
        3. (iii) Has renovated concession stands and restrooms, and building space of approximately three thousand square feet (3,000 sq. ft.);
        4. (iv) Offers patio seating for two hundred (200) patrons and concrete seating for an additional two thousand two hundred (2,200) patrons;
        5. (v) Serves as an event venue for outdoor concerts, car shows, festivals, and community events; and
        6. (vi) Is located in a county with a population of not less than thirty-five thousand nine hundred (35,900) and not more than thirty-six thousand (36,000), according to the 2020 or a subsequent federal census;
      233. (YYYYYYYYY) A commercially operated facility that:
        1. (i) Was established in 2023 on approximately thirty-three (33) acres that contains a lodge, a bunkhouse, a caf,, and bar with seating for at least forty (40) patrons, a bath house, a twenty-stall horse barn, and a sand riding arena;
        2. (ii) Provides accommodations for guests, musical entertainment, space for private events, hiking trail access to the Cherokee National Forest, and pastures for horses; and
        3. (iii) Is located in a county having a population of not less than thirty-five thousand nine hundred (35,900) and not more than thirty-six thousand (36,000), according to the 2020 or a subsequent federal census;
      234. (ZZZZZZZZZ) A commercially operated facility that:
        1. (i) Was established in 2022 on one and one-half (1.5) acres in a building containing at least twenty thousand square feet (20,000 sq. ft.) that dates to the 1940s and was originally a grocery store;
        2. (ii) Has seating for at least one hundred twenty (120) patrons in the restaurant and seating for an additional twenty-five (25) patrons outside the restaurant and contains a stage, bar, brewery, kitchen, and taproom; and
        3. (iii) Is located less than seven hundred feet (700 ft.) from U.S. Highway 27 in a city having a population of not less than five thousand eight hundred ninety (5,890) and not more than five thousand eight hundred ninety-nine (5,899), according to the 2020 or a subsequent federal census;
      235. (AAAAAAAAAA)
        1. (i) A commercially operated facility that:
          1. (a) Operates a bed and breakfast establishment;
          2. (b) Is located within one (1) mile of the Great Smoky Mountains National Park and situated on a tract or combination of contiguous tracts totaling not less than one (1) acre;
          3. (c) Is adjacent to a trolley stop and a cemetery, and is situated between Winfield Heights Drive and Ski Mountain Road;
          4. (d) Offers lodging for at least twelve (12) patrons in unique overnight rooms;
          5. (e) Does not discriminate against patrons based on age, gender, race, religion, or national origin; and
          6. (f) Is located within a county with a population of not less than ninety-eight thousand three hundred (98,300) and not more than ninety-eight thousand four hundred (98,400), according to the 2020 or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(AAAAAAAAAA) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(AAAAAAAAAA) means, for the purpose of obtaining a beer permit, any and all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
      236. (BBBBBBBBBB) A commercially operated facility that:
        1. (i) Was established in 2012 on four (4) acres that contains a coffee shop and a restaurant with indoor seating for at least ninety (90) patrons and outdoor seating for at least twenty (20) patrons;
        2. (ii) Contains an event space used for private parties, wedding showers, and other similar events; and
        3. (iii) Is located approximately one thousand feet (1,000 ft.) from Douglas Lake in a county having a population of not less than fifty-four thousand six hundred (54,600) and not more than fifty-four thousand seven hundred (54,700), according to the 2020 or a subsequent federal census;
      237. (CCCCCCCCCC)
        1. (i) A commercially or privately operated recreational facility that:
          1. (a) Is situated on one (1) or more parcels of land that totals at least three hundred sixty (360) acres;
          2. (b) Has some or all of the facility located within two (2) miles of Interstate 24 and within two (2) miles of Briley Parkway;
          3. (c) Operates a golf course having at least eighteen (18) holes for use by its members and their guests;
          4. (d) Has at least one hundred (100) dues-paying members who pay dues of at least three thousand dollars ($3,000) per year;
          5. (e) Operates a building with not less than five thousand square feet (5,000 sq. ft.) with suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily, at least five (5) days a week except for during seasonal closures;
          6. (f) Does not discriminate against any person on the basis of age, gender, race, religion, or national origin; and
          7. (g) Is located in a county with a metropolitan form of government having a population of more than five hundred thousand (500,000), according to the 2020 or a subsequent federal census;
        2. (ii) The premises of a facility licensed under this subdivision (29)(CCCCCCCCCC) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(CCCCCCCCCC) means, for beer permitting purposes, any or all of the property that constitutes the facility as designated in this subdivision (29)(CCCCCCCCCC). The licensee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        4. (iv) A facility licensed under this subdivision (29)(CCCCCCCCCC) may serve alcoholic beverages and beer anywhere on the premises, including to occupants of cottages and other overnight accommodations located on the premises;
        5. (v) A facility licensed under this subdivision (29)(CCCCCCCCCC) may include as part of the overnight accommodations the provision of up to four (4) seven hundred fifty milliliter (750 ml) or smaller complimentary sealed packages of wine or alcoholic beverages for which all applicable taxes have been paid;
        6. (vi) A facility licensed under this subdivision (29)(CCCCCCCCCC) may dispense sealed alcoholic beverages and beer to adult guests staying in overnight accommodations at the facility through locked, in-room units. Distilled spirits so dispensed must be in bottles not exceeding fifty milliliters (50 ml). A person under twenty-one (21) years of age must not be issued or supplied with a key for such units;
        7. (vii) A facility licensed under this subdivision (29)(CCCCCCCCCC) may offer self-service of beer at one (1) or more locations on the premises with an honor system for use only by members and who are twenty-one (21) years of age and older and limited to cans and bottles up to sixteen ounces (16 oz.); and
        8. (viii) A facility licensed under this subdivision (29)(CCCCCCCCCC) may grant a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise is deemed a licensee under this subdivision (29)(CCCCCCCCCC);
      238. (DDDDDDDDDD) A commercially operated facility that:
        1. (i) Is a historic movie theatre purchased in 2014 for renovations and that received its occupancy permit in 2023;
        2. (ii) Is situated on fourteen one-hundredths (0.14) of an acre;
        3. (iii) Is comprised of five thousand five hundred thirty-three square feet (5,533 sq. ft.);
        4. (iv) Has seating for eighty (80) patrons and additional balcony seating for forty-five (45) patrons;
        5. (v) Serves as an event venue for public and private events, including concerts, plays, movies, comedy routines, weddings, retirement and birthday parties, and similar events; and
        6. (vi) Is located in a municipality with a population of not less than fifty-three thousand sixty-five (53,065) and not more than fifty-three thousand seventy-five (53,075), according to the 2020 or a subsequent federal census;
      239. (EEEEEEEEEE) A commercially operated facility that:
        1. (i) Was established in 2006 on approximately fifty (50) acres;
        2. (ii) Operates a marina, campground, restaurant, bar, store, and fuel station;
        3. (iii) Has restaurant seating for fifty (50) patrons;
        4. (iv) Offers live music events, camping, boat rentals, and transient boat slips; and
        5. (v) Is located adjacent to Norris Lake in a county with a population of not less than seventy-seven thousand one hundred (77,100) and not more than seventy-seven thousand two hundred (77,200), according to the 2020 or a subsequent federal census;
      240. (FFFFFFFFFF)
        1. (i) A commercially operated facility that:
          1. (a) Is a restaurant and private club;
          2. (b) Located in a Queen Ann-style building constructed by Marcus Cartwright in 1895-1896 that is on the National Register of Historic Places;
          3. (c) Is located on real property within two hundred seventy five feet (275′) south of the intersection of Fourth Avenue North and Union Street;
          4. (d) Includes a building that is no less than three (3) stories tall;
          5. (e) Contains a restaurant with at least fifteen (15) seats, both indoors and outdoors, that serves meals on a weekly basis, except during closures for private groups or events, general maintenance and remodeling by the owners and/or managers; provided, however, that food services are available at any time that alcoholic beverages are being served; and
          6. (f) Is located in a county with a metropolitan government having a population of not less than five hundred thousand (500,000), according to the 2020 or a subsequent federal census;
        2. (ii) A facility licensed under this subdivision (29)(FFFFFFFFFF) may obtain a private club license from the commission and a beer permit, and may sell alcoholic beverages and beer to members and guests on an exclusive basis, and allow access to the private club to be on a limited basis, not accessible to the general public.
        3. (iii) A facility licensed under this subdivision (29)(FFFFFFFFFF) may provide alcoholic beverage services to patrons or allow private locker services to members as permitted by the commission, and may provide bottle service to members, subject to complying with age requirements and preventing overconsumption by patrons;
        4. (iv) A facility licensed under this subdivision (29)(FFFFFFFFFF) shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        5. (v) A facility licensed under this subdivision (29)(FFFFFFFFFF) may obtain a license as a caterer under subdivision (6);
        6. (vi) A facility licensed under this subdivision (29)(FFFFFFFFFF) may designate a specific area within the licensed premises as a cigar lounge for the use of private club patrons who are twenty-one (21) years of age or older; and
        7. (vii) The facility shall provide adequate security during regular business hours of operation;
      Backlinks (1)
    30. (30)
      1. (A) “Premises,” when:
        1. (i) Referring to an establishment licensed under this chapter;
        2. (ii) Such establishment is located within an historical district which has been designated as a national historic landmark;
        3. (iii) Such national historic landmark centers around a historic public street or right-of-way;
        4. (iv) Such a public street or right-of-way is closed to motor vehicular traffic, whether permanently or on a regular basis; and
        5. (v) But only to the extent that such premises are located and fronting upon such historic street and not located on or fronting upon another street or right-of-way within such national historic landmark;
        6. includes the area encompassed by the boundaries of the historic district; provided, that the granting of a license for a business location within such historical district shall not preclude the granting of another license to another establishment located within the boundaries of the historic district. This subdivision (30) applies only to counties with a population of more than four hundred thousand (400,000), according to the 1980 census, but those counties having a metropolitan form of government shall be exempt from this subdivision (30). In such county, only for the purposes of the hours of sale provided in § 57-4-203(d)(4), “premises” also includes any establishment located within four (4) blocks west of the western boundary of the historic district and on the same public street or right of way as the historic district; provided, that the requirement of closing the street or right-of-way to motor vehicular traffic on a regular basis shall not apply to the extension of the premises established by this sentence. Within the premises as defined in this subdivision (30)(A), and subject to the municipality's right of ownership and control and any conditions, rules, or regulations imposed by the city or its designee or by law, alcoholic beverages may also be served to customers seated at tables and chairs contiguous to the outside front wall of a licensee's building;
      2. (B)
        1. (i) “Premises,” when:
          1. (a) Referring to an establishment licensed under this chapter;
          2. (b) Such establishment is located within a central improvement district; and
          3. (c) The central improvement district is located in a county having a metropolitan government that has a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
        2. includes only the area located between a convention center, its designated convention center hotel, and a museum that is attached to the convention center hotel; and the one (1) block of public roadway on Fifth Avenue between Demonbreun Street and Korean Veterans Boulevard; and
        3. (ii) This subdivision (30)(B) shall only be effective in any county upon the adoption of a resolution by a majority vote of the local legislative body approving the use of this definition of “premises”;
      3. (C) “Premises,” when:
        1. (i) Referring to one (1) or more establishments licensed under this chapter, or a manufacturer exercising the rights granted to it under § 57-3-202(i)(1); and
        2. (ii) Such establishments are located:
          1. (a) Within a home rule municipality in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census; and
          2. (b) Within or adjacent to an area that is a five hundred seventy-five foot (575′) paver lined street with a right of way that is approximately forty feet (40′) wide extending from Market Street on the western boundary to Rossville Avenue on the eastern boundary; that is bordered along its northern boundary by a historic railroad terminal station that has been listed on the National Register of Historic Places since 1974; and that is bordered along its northern boundary by property zoned for urban-industrial mixed use and along its southern boundary by property that is zoned for urban-commercial mixed use;
        3. includes the area described in subdivision (30)(C)(ii)(b). The granting of a license for a business located within or adjacent to the boundaries of the area described in subdivision (30)(C)(ii)(b) does not preclude the granting of another license to another establishment located within or adjacent to such area;
      4. (D) “Premises,” when:
        1. (i) Referring to one (1) or more establishments licensed under this chapter; and
        2. (ii) Such establishments are located:
          1. (a) Within a municipality with a population of not less than one hundred thirty-two thousand nine hundred twenty (132,920) and not more than one hundred thirty-two thousand nine hundred twenty-nine (132,929), according to the 2010 and any subsequent federal census; and
          2. (b) Within or adjacent to an area that begins at the northeast intersection of 3rd Street and Main Street, running west to the northeast intersection of Main Street and 2nd Street, north along 2nd Street to the southeast corner of 2nd Street and College Street, southwest along College Street to the southwest intersection of 1st Street and College Street, south on 1st Street to the southwest intersection of 1st Street and Franklin Street, east along Franklin Street to the southeast intersection of Franklin Street and 3rd Street, north to the point of beginning at the northeast intersection of 3rd Street and Main Street, including the pedestrian bridge at College Street and Riverside Drive and along the Clarksville Riverwalk through and including McGregor Park to the end of the Riverwalk at the confluence of the Cumberland and Red Rivers;
        3. includes the area described in subdivision (30)(D)(ii)(b). The granting of a license for a business located within or adjacent to the boundaries of the area described in subdivision (30)(D)(ii)(b) does not preclude the granting of another license to another establishment located within or adjacent to such area;
      5. (E) “Premises,” when:
        1. (i) Referring to one (1) or more establishments licensed under this chapter that are located within an area licensed either by a nonprofit organization pursuant to subdivision (36)(I) or a person, firm, or corporation with a festival operator license issued pursuant to subdivision (17) for the event in question; and
        2. (ii) The establishments have been included in a list provided to the commission by the licensed nonprofit organization or festival operator of the participating establishments;
        3. includes the area licensed pursuant to subdivision (36)(I) or subdivision (17), during the period in which such license is valid, for the sole purposes of on-premises consumption. The participating establishments shall serve alcoholic beverages and beer in a glass or cup identifying the entity selling the alcoholic beverages or beer for on-premises consumption pursuant to this subdivision (30)(E). Notwithstanding another law to the contrary, it is not a violation of this state's laws for persons to cross state lines with alcoholic beverages or beer solely for personal consumption when that is done at an event approved by the commission that borders the state line and such contiguous state has also approved the open carrying of alcoholic beverages or beer for personal consumption with regard to that same event;
    31. (31) “Public aquarium” means a facility which contains a collection of living aquatic animals whose sole or primary habitat is water and which facility provides for care and housing for public exhibition, and also possesses the following characteristics:
      1. (A) The exhibits containing live aquatic animals for public viewing are housed in a building having at least one hundred thousand square feet (100,000 sq. ft.) of interior space;
        Backlinks (1)
      2. (B) The exhibits containing live aquatic animals for public viewing contain a minimum total of five hundred thousand gallons (500,000 gals.) of water as the living environment of the animals; and
      3. (C) The public aquarium is located in a county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census;
    32. (32)
      1. (A) “Restaurant” means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and seating capacity of at least forty (40) people at tables, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. An establishment shall be eligible for licensure as a restaurant in accordance with this part, if the establishment is open at least three (3) days a week, with the exception of holidays, vacations, periods of redecorating and seasonal closings, and more than fifty percent (50%) of the gross revenue of the restaurant is generated from the serving of meals. As used in this subdivision (32), “seasonal closing” means the period from November 1 to March 1 or a period of time, if different from such dates, as filed by the restaurant with the alcoholic beverage commission;
      2. (B) “Restaurant” also means any bowling center that was licensed as of January 1, 1983, to sell alcoholic beverages for consumption on the premises;
      3. (C) In counties with a population of more than three hundred nineteen thousand six hundred twenty-five (319,625), according to the 1980 census, but excluding those counties having a metropolitan form of government:
        1. (i) Within a national historic landmark district or urban park center, as defined by this section, or within an easement area granted to a municipality for commercial recreation and commercial recreation facilities from the Tennessee Valley authority in the Fort Loudoun Reservoir:
          1. (a) Restaurant licensees shall not be required to meet any requirements of this section which make food service, maintenance of a kitchen, or a dining room a prerequisite to the issuance of a restaurant permit to serve liquor by the drink; and
          2. (b) Notwithstanding any law to the contrary, restaurant licensees may enter into leases with municipal landowners in which gross sales, which may include or exclude liquor sales, are considered in the determination of a percentage rent or other rent calculation provision; and
        2. (ii) Within a sports authority facility, as defined in this section, restaurant licensees shall not be required to meet any of the requirements of subdivision (32)(A) which make food service, maintenance of a kitchen, or a dining room a prerequisite for the issuance of a permit to serve liquor by the drink;
      4. (D) Notwithstanding the minimum seating capacity established in subdivision (32)(A), for the purpose of a permit to serve wine, “restaurant” means any lodge or resort with sleeping accommodations where meals are served that is located on land which is owned by the United States department of the interior, is operated by the national park service or its agents or contractors and is located in a county with a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand five hundred (41,500), according to the 1980 federal census or any subsequent federal census;
      5. (E) “Restaurant” also means a facility located in any municipality having a population in excess of one hundred thousand (100,000), according to the 1990 federal census, or any subsequent federal census, in which coffees, teas, pastries, and other foodstuffs are offered for sale for consumption on the premises, which facility has a seating capacity of at least thirty (30) seats and which facility obtains at least fifty percent (50%) of its annual gross sales from the sale of coffees, teas and pastries. Any restaurant licensed under this subdivision (32)(E) shall be authorized to sell alcoholic beverages for consumption on the premises only when such beverages are mixed with coffees, teas and other beverages. A restaurant licensed under this subdivision (32)(E) need not meet the requirement of subdivision (32)(A);
      6. (F) “Restaurant” also means a facility:
        1. (i) Located within one-half (½) mile of the railroad tracks in the unincorporated area of any county having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475), according to the 1990 federal census or any subsequent federal census;
        2. (ii) Whose primary source of income is from serving meals to its patrons, both indoors and out-of-doors, and has a total seating capacity of at least seventy-five (75) people at tables;
        3. (iii) Located in a building having a total square footage of at least two thousand five hundred square feet (2,500 sq. ft.) which was constructed prior to 1925; and
        4. (iv) Which is located on a site used during the Civil War or within two (2) miles of two (2) or more Civil War sites, or is within one and one-half (1 ½) miles of a home that was built in 1884, and which is preserved as the area's best example of the Queen Anne and Eastlake architectural styles;
      7. (G) “Restaurant” also means a facility:
        1. (i) Located on Highway 243 in a county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census;
        2. (ii) That has seating for not more than one hundred forty (140) people;
        3. (iii) That has a music and entertainment orientation;
        4. (iv) Whose primary source of income is derived from serving meals to its patrons;
        5. (v) That has a historic working original malt and soda fountain;
        6. (vi) That is located in a historical structure formerly used as a town hall as well as a practice venue for Grand Ole Opry hopefuls; and
        7. (vii) That does not discriminate against any patron on the basis of age, gender, race, religion or origin;
      8. (H)
        1. (i) Restaurant also means a facility that:
          1. (a) Is owned, operated or leased by a for-profit organization organized under the laws of this state;
          2. (b) Does not discriminate against any patron on the basis of gender, race, religion or national origin;
          3. (c) Provides food service to the public or for private events and catering with seating capacity for at least two hundred fifty (250) persons at tables, whether or not the seating is inside or on a deck or patio;
          4. (d) Is open at least five (5) days a week serving two (2) meals daily with the exception of holidays, vacations, seasonal conditions and periods of redecorating, with suitable kitchen, dining facilities and equipment;
          5. (e) Is in the center of a full service marina and resort located on the Tennessee River at mile marker 477.5; which full service marina has at least six hundred (600) dry storage slips and wet slips up to eighty feet (80′) that offers two (2) cabins completely furnished and an inn with twelve (12) rooms that overlooks the Tennessee River; and
          6. (f) Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
        2. (ii) A restaurant under this subdivision (32)(H) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
      9. (I) “Restaurant” also means a facility:
        1. (i) Located on State Route 46, Old Hillsboro Road, in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
        2. (ii) Which is located 1.66 miles from the Natchez Trace Parkway Exit off of Pinewood Road;
        3. (iii) Whose primary source of income is from serving meals to its patrons;
        4. (iv) Which first opened as a restaurant in 1968;
        5. (v) Which does not operate as a grocery store; and
        6. (vi) Which does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
      10. (J) “Restaurant” also means a facility that:
        1. (i) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Is a twenty-four-hour-a-day diner;
        3. (iii) Is located in a central business improvement district as of 2017;
        4. (iv) Serves full meals and has a full-time kitchen staff, twenty-four (24) hours a day;
        5. (v) Holds a valid license from the commission;
        6. (vi) Is located in a separate, unattached building;
        7. (vii) Does not permit live music or entertainment, nor share walls with any establishment offering live music or entertainment; and
        8. (viii) Has six (6) floors and at least seventeen thousand square feet (17,000 sq. ft.);
      11. (K) “Restaurant” also means a facility that:
        1. (i) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) Is situated to the east and to the west of the Cumberland River in Pennington Bend;
        3. (iii) Is located approximately two thousand feet (2,000′) to the northwest of a resort and convention center;
        4. (iv) Is a venue for live music;
        5. (v) Has an outdoor deck that is approximately three thousand square feet (3,000 sq. ft.); and
        6. (vi) Operates a restaurant that is approximately eight thousand square feet (8,000 sq. ft.) with a seating capacity of approximately two hundred fifty (250);
      12. (L) “Restaurant” also means a facility that:
        1. (i) Began operating on September 5, 2018;
        2. (ii) Has a seating capacity for patrons of approximately one hundred forty (140);
        3. (iii) Is located on Hixson Pike within one thousand five hundred feet (1,500′) of Dallas Bay on the Tennessee River and within six thousand feet (6,000′) of Chester Frost Park;
        4. (iv) Is approximately two thousand square feet (2,000 sq. ft.); and
        5. (v) Is located in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census;
      13. (M)
        1. (i) A “restaurant” also means a commercially operated facility that:
          1. (a) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
          2. (b) Is located on the western bank of the Cumberland River;
          3. (c) Once housed a full-service radio studio, which was removed in 2016;
          4. (d) Serves as a venue for live music, dancing, banquets, meetings, and other events, and opened to the public in June 1994; and
          5. (e) Has three (3) floors, at least sixty-six thousand (66,000) square feet, and a seating capacity for at least two thousand (2,000) guests;
        2. (ii) A restaurant under this subdivision (32)(M) is not required to meet any gross revenue percentage requirements for food service as a prerequisite to the issuance of a restaurant license to serve liquor by the drink; provided, however, that a restaurant applying for the renewal of its license under this subdivision (32)(M) shall pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages;
        3. (iii) The premises of any facility licensed under this subdivision (32)(M) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (32)(M);
        4. (iv) Notwithstanding chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (32)(M) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
        5. (v) Any facility licensed under this subdivision (32)(M) may seek an additional license as a caterer under § 57-4-102(6);
        6. (vi) Any facility licensed under this subdivision (32)(M) may hold any of the licenses authorized under this subdivision (32)(M) and may grant a franchise to one (1) or more entities for any or all such licenses;
      14. (N)
        1. (i) “Restaurant” also means a commercially operated facility that is located within a special historic district, as defined in § 57-4-102(33)(B); and
        2. (ii) A restaurant licensed under this subdivision (32)(N) may grant a franchise for the operation of a restaurant in the facility and such franchisees are deemed to be licensees under this subdivision (32)(N). A franchisee may also seek a license as a caterer under § 57-4-102(6);
    33. (33) “Restricted retail business” means a retail business that:
      1. (A) Is:
        1. (i) A barbershop licensed by the board of cosmetology and barbering;
        2. (ii) A cosmetology shop licensed by the board of cosmetology and barbering; or
        3. (iii) A cigar bar;
      2. (B) Provides food service for patrons;
        Backlinks (1)
      3. (C) Has no more than twenty (20) seats for food service for patrons; and
      4. (D) Sells alcoholic beverages for consumption on the premises in an amount the sales from which do not exceed fifteen percent (15%) of the retail business's annual gross sales;
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    34. (34)
      1. (A) “Retirement center” means a facility that contains each of the following characteristics:
        1. (i) The center is located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
        2. (ii) The center is located on a single parcel of land not less than forty eight (48) acres and not more than forty-nine (49) acres in area;
        3. (iii) The center will consist of individual living unit apartments, individual living unit villas, an assisted living facility, a nursing home facility, a club house and common areas;
        4. (iv) The center will have a club house that houses a health club, game room, lounge and a dining facility;
        5. (v) The center's lounge in the club house will offer to the center's residents and their guests only food, nonalcoholic beverages, mixed alcoholic drinks, wine and beer, as well as make available in the dining facility and other areas within the center's property, for the center's residents and guests only, mixed alcoholic drinks, wine and beer; and
        6. (vi) The center does not discriminate against any patron on the basis of gender, race, religion or national origin;
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      2. (B) “Retirement center” also means a facility that contains each of the following characteristics:
        1. (i) The center is located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The center will consist of recreational areas, a fitness center, a dining room with seating for at least one hundred fifty (150) people and a lounge area, and at least one hundred (100) individual living unit apartments;
        3. (iii) The center will have a facility of at least one hundred five thousand square feet (105,000 sq. ft.) and is located on approximately eight (8) acres near the corner of Fort Henry Drive and Holston Hills Drive; and
        4. (iv) The center's lounge area will offer, to the center's residents and their guests only, food, nonalcoholic beverages, mixed alcoholic drinks, wine, and beer, as well as make available in the dining room and other areas within the center's property, for the center's residents and guests only, mixed alcoholic drinks, wine, and beer;
    35. (35)
      1. (A) “Special historic district” means any area with specific boundaries that possesses the following characteristics:
        1. (i) Was organized pursuant to a municipal urban planning and development board;
        2. (ii) Contains within such special historic district an historic district listed on the national register of historic places;
        3. (iii) Is located on a trolley line; and
        4. (iv) Is located in any county having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census;
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      2. (B)
        1. (i) “Special historic district” also means an area with specific boundaries that possesses the following characteristics:
          1. (a) Is a contiguous area of lots intersected by a standard gauge commercial railway that consists of:
            1. (1) Lots located north of Merrit Avenue, bounded by Pillow Street to the east and Martin Street to the west, and Chestnut Street and a standard gauge commercial railway to the north;
            2. (2) Lots north of Chestnut Street, bounded by a standard gauge commercial railway to the east and a commercial train railyard to the northwest and north;
            3. (3) Lots north of Chestnut Street, bounded by Fourth Avenue South to the east, a standard gauge commercial railway to the west, and the oldest continuously operating public cemetery in the largest city in the county to the north; and
            4. (4) A lot located east of Pillow Street, bounded by Alley 189 to the south, Alley 1820 to the east, and a standard gauge commercial railway to the north; and
          2. (b) Is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2020 federal census or a subsequent federal census; and
        2. (ii) The parent company that owns the property within the special historic district shall designate the premises of the special historic district by filing a drawing of the premises with the commission, which may be amended from time to time by the parent company filing a new drawing with the commission;
    36. (36)
      1. (A) “Special occasion license” means a license which the commission may issue to a bona fide charitable, nonprofit or political organization. Such license shall be issued for no longer than one (1) twenty-four-hour period, subject to the limitations of hours of sale which may be imposed by law or regulation, and such license may be issued in advance of its effective date;
      2. (B) If a bona fide charitable or nonprofit organization owns and maintains a permanently staffed facility which:
        1. (i) Is used for the periodic showing or exhibition of animals;
        2. (ii) Has a seating capacity of not less than twenty-five thousand (25,000) persons; and
        3. (iii) Has a separate permanently constructed clubhouse or meeting room located on the grounds,
        4. then a special occasion license may be issued for use at the clubhouse or meeting room for the duration of the particular show or exhibit for which application is made, and such organization shall not be subject to the numeric limitation contained in the last sentence of this subdivision (36). This license shall only be available upon the payment of the fee as required by law for each separate day of the show;
      3. (C) Such license shall not be issued unless and until there shall have been paid to the commission for each such license a license fee of one hundred dollars ($100), and there shall have been submitted an application which designates the premises upon which alcoholic beverages shall be served. No such charitable, nonprofit or political organization shall be eligible to receive more than sixteen (16) special occasion licenses in any calendar year;
      4. (D) A special occasion license under this section may also be issued to a nonprofit historical society for the purpose of serving complimentary samples of homemade wine manufactured in the Swiss tradition by a society member or members, the complimentary samples not to exceed one ounce (1 oz.) per wine type per person to be served at an annual festival conducted by a society celebrating the Swiss heritage at a farm museum in any county having a population of not less than fourteen thousand three hundred (14,300) nor more than fourteen thousand four hundred (14,400), according to the 2000 federal census or any subsequent federal census;
      5. (E) Any entity holding a special occasion license issued under this subdivision (36) or members of the licensee may transport wine and other alcoholic beverages to the location for which the special occasion license is issued;
      6. (F) “Special occasion license” also means a license, issued by the commission, to a bona-fide charitable organization, recognized as exempt from taxation by the internal revenue service pursuant to § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), which organization has been in continuous operation as a tax-exempt entity for at least twenty (20) years, and which organization has an annual budget of at least one million dollars ($1,000,000). A special occasion license issued pursuant to this subdivision (36)(F) shall be authorized to sell wine in closed containers for consumption on or off the premises notwithstanding the restrictions of § 57-4-203. Any licensee holding a license issued pursuant to § 57-3-202, § 57-3-203, § 57-3-204, § 57-3-207, § 57-3-605 or § 57-4-101 may donate wine to an organization holding a special occasion license issued pursuant to this subdivision (36)(F) for an event conducted by the special occasion licensee. Any resident of Tennessee may donate wine, which brand of wine has been registered pursuant to § 57-3-301, to an organization holding a special occasion license issued pursuant to this subdivision (36)(F) for sale or consumption at an event conducted by the special occasion licensee;
      7. (G) A special occasion license under this section may also be issued to a bona fide charitable organization that benefits charities which support women and children in Middle Tennessee and which:
        1. (i) Holds the event in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census, on property used as a veterinary clinic located on a six and sixty-five one hundredths (6.65) acre lot that shares a common boundary between a municipality and the unincorporated area of such county;
        2. (ii) Jurisdictions within the boundaries of such county have by referendum adopted both the sale of alcoholic beverages at retail package stores and for consumption on the premises;
        3. (iii) Is a one-day annual event restricted to persons twenty-one (21) years of age or older;
        4. (iv) Holds a grape stomp contest with teams made up of four (4) stompers and one (1) swabbie, who collects the juice created by the stompers in a jar, with the team producing the most juice winning the contest;
        5. (v) Includes numerous food vendors;
        6. (vi) Has wine and spirits tastings; and
        7. (vii) Where alcoholic beverages are served but not sold;
      8. (H) A special occasion license under this section may also be issued to a nonprofit community association for the purpose of serving samples of wine to persons holding a presold ticket for an annual fundraiser, the samples not to exceed two ounces (2 oz.) per wine per person to be served at the annual fundraiser conducted by the community association in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census. The fundraiser shall be an insured event with at least ten (10) wineries or restaurants participating in the event and food shall be available to attendees;
      9. (I)
        1. (i) An entity applying for a license under this subdivision (36) may specify in the application an area within the designated licensed premises in which establishments licensed under this chapter located in such area may allow purchasers of alcoholic beverages or beer within the establishment to consume the alcoholic beverages or beer anywhere within such designated area pursuant to subdivision (30)(E). An entity designating such a premises pursuant to this subdivision (36)(I) may, but is not required to, sell alcoholic beverages for consumption within such area in addition to the sale of alcoholic beverages by establishments licensed under this chapter located within such area. An entity designating such an area shall:
          1. (a) Obtain, and provide to the commission, approval from the city or county within which the designated area is located for alcoholic beverages and beer to be consumed anywhere within such designated area. Such approval may specify requirements or restrictions the city or county may place, including the times in which consumption on public property is authorized, the security that must exist during such event, and other requirements or restrictions that are deemed necessary for purposes of public health, safety, or welfare; and
          2. (b) Provide to the commission a list of all establishments licensed pursuant to this chapter who will participate in the event and allow customers to consume alcoholic beverages and beer within the designated area pursuant to this subdivision (36)(I) and subdivision (30)(E). This list may be updated prior to the start of the event for which the nonprofit entity has obtained a license under this subdivision (36)(I); and
        2. (ii) Notwithstanding another law to the contrary, it is not a violation of this state's laws for persons to cross state lines with alcoholic beverages or beer solely for personal consumption when that is done at an event approved by the commission that borders the state line and such contiguous state has also approved the open carrying of alcoholic beverages or beer for personal consumption with regard to that same event;
    37. (37)
      1. (A) “Sports authority facility” means a facility possessing the following characteristics:
        1. (i) The facility is owned or operated by a sports authority established under title 7, chapter 67, a public building authority or a governmental entity;
        2. (ii) The facility is designed and used for presentation of professional sporting events and other activities, such as amateur sporting events, recreational activities and entertainment events and activities, and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate liquor by the drink as well as food patronage;
        3. (iii) A major or minor league professional baseball (American, National, or Minor League), football (National Football League), basketball (National Basketball Association), hockey (National Hockey League), or soccer (Major League Soccer) franchise has entered into a long-term agreement to play its home games in the facility; and
        4. (iv) The facility is located in a municipality or county having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
      2. (B) “Sports authority facility” also means a facility possessing the following characteristics:
        1. (i) The facility includes a stadium that was constructed in 1997 and that has a seating capacity of twenty thousand (20,000) or more;
        2. (ii) The facility is designed and used for sporting and other municipal events;
        3. (iii) The facility is located in a home rule municipality located in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census; and
        4. (iv) The facility is located not more than one-half (½) mile from the Tennessee River;
      3. (C) “Sports authority facility” also means any facility that is designed and used for school-sanctioned public sporting events on a public university campus located in any county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      4. (D) “Sports authority facility” also means any facility that is designed and used for school-sanctioned public sporting events on a four-year public university campus located in any county having a population of not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census;
      5. (E) “Sports authority facility” also means any facility on the campus of a public or private institution of higher education that is designed and used for sporting events sanctioned by the institution;
      6. (F)
        1. (i) “Sports authority facility” also means a facility that:
          1. (a) Is a professional motorsports speedway complex with a speedway approximately one-half (½) of a mile in length and a seating capacity of approximately one hundred sixty thousand (160,000);
          2. (b) Includes a dragstrip complex adjacent to the speedway with a dragstrip approximately one-quarter (¼) of a mile in length and that contains stadium seating and at least twenty (20) suites; and
          3. (c) Is located in a city with a population of not less than twenty-six thousand seven hundred (26,700) and not more than twenty-six thousand seven hundred nine (26,709), according to the 2010 federal census and any subsequent federal census; and
        2. (ii) The premises of any facility licensed under this subdivision (37)(F) includes all of the property constituting the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
      7. (G) “Sports authority facility” also means any facility located in any county with a metropolitan form of government that has a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, and that is equipped with two (2) or more ice rinks designed and used for various hockey and figure skating programs for children and adults that are supervised by a major or minor league professional hockey franchise;
      8. (H) “Sports authority facility” also means a facility that:
        1. (i) Is designed and used for professional sporting events and other entertainment activities;
        2. (ii) Has a seating capacity in excess of two thousand five hundred (2,500); and
        3. (iii) Is located within one-half (0.5) mile of Interstate 75 in a municipality having a population not less than twenty thousand nine hundred (20,900) and not more than twenty-one thousand (21,000), according to the 2010 or any subsequent federal census;
      9. (I) “Sports authority facility” also means a facility possessing the following characteristics:
        1. (i) The facility includes a stadium that was constructed in 1998 and has a seating capacity of at least five thousand five hundred (5,500);
        2. (ii) The facility is designed and used for sporting and other events; and
        3. (iii) The facility is visible from Interstate 40 and is located in a county having a population of not less than ninety-eight thousand eight hundred (98,800) and not more than ninety-eight thousand nine hundred (98,900), according to the 2020 or a subsequent federal census;
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    38. (38) “Suite” means any room or group of rooms, leased by the operator of a sports authority facility or a convention center, physically located within such facility or center, where access to such room or rooms is restricted to the lessee or such lessee's guests;
    39. (39) “Tennessee River resort district” means a club, hotel, motel, restaurant or limited service restaurant located within a jurisdiction that has elected Tennessee River resort district status pursuant to § 67-6-103(a)(3)(F); provided, that for the purposes of this chapter, such district shall only extend inland for three (3) miles from the nearest bank of the Tennessee River. No entity licensed to sell alcoholic beverages within the boundaries of any such resort district shall discriminate against any patron on the basis of age, gender, race, religion, or national origin;
    40. (40) “Terminal building of a commercial air carrier airport” means a building, including any concourses thereof, used by commercial airlines and their customers for sale of airline tickets, enplaning and deplaning of airline passengers, loading and unloading of baggage and cargo, and for providing other related services for the convenience of airline passengers and others, located in any airport which is served by one (1) or more commercial airlines, and:
      1. (A) Is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments or whose membership is appointed pursuant to § 42-4-105; or
      2. (B) Is located in a municipality where this chapter has become effective in that municipality;
    41. (41)
      1. (A) “Theater” means any establishment in which motion pictures are exhibited to the public regularly for a charge. Such theater shall have an area that is enclosed by glass and which is accessed through a set of double doors by patrons who must be twenty-one (21) years of age or older to enter. Such theater shall be part of a retail and entertainment complex located one (1) block from a historical district that has been designated as a national historic landmark that centers around a public street or right-of-way. Such theater shall be located in a county having a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census;
      2. (B) “Theater” also means any establishment in which motion pictures are exhibited to the public regularly for a charge and which possesses the following characteristics:
        1. (i) Is a twelve (12) auditorium theater that is one hundred percent (100%) digital;
        2. (ii) Is certified by the United States Green Building Council as the nation's first stand-alone theater boasting energy and environmental sensitive design;
        3. (iii) Has one (1) auditorium restricted to patrons twenty-one (21) years of age or older; and
        4. (iv) Is located downtown near a river in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
      3. (C) “Theater” also means an establishment in which motion pictures are exhibited to the public regularly for a charge. The theater shall have a local beer permit for on-premises consumption. The theater shall regularly serve prepared food to patrons and each auditorium in which alcoholic beverages may be consumed shall allow dining at each seat in the auditorium. Prior to making a sale of any alcoholic beverage, a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder that includes a photograph and date of birth of the adult consumer attempting to make the purchase, shall be produced to the licensee. The theater shall also periodically visually monitor all auditoriums in which alcoholic beverages are permitted and each beverage containing an alcoholic beverage shall be distinct from any other container used to serve nonalcoholic beverages;
    42. (42)
      1. (A) “Urban park center” means a facility or designated area possessing the following characteristics:
        1. (i) The center is owned, operated, or leased by a municipal or county government, or any agency or commission thereof;
        2. (ii) The center is designed to contain outdoor recreational facilities, public museum buildings, exhibition buildings, retail sales areas, retail food dispensing outlets including, but not limited to, sale of package alcoholic and malt beverages, and restaurant areas to accommodate liquor-by-the-drink as well as food patronage; and
        3. (iii) The center is located in a municipality or county having a population in excess of six hundred thousand (600,000), according to the 1970 federal census or any subsequent census;
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      2. (B)
        1. (i) “Urban park center” also means an outdoor fixed structure amphitheater utilized as a performance venue, containing fixed seating for at least five thousand one hundred (5,100) persons. Such facility or designated area shall be secured by adequate perimeter fencing;
        2. (ii) This subdivision (42)(B) applies in any county with a metropolitan form of government with a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
      3. (C) “Urban park center” also means a facility or designated area that possesses the following characteristics:
        1. (i) Consists of at least two (2) theater spaces in which live theater, concerts, and films are presented;
        2. (ii) Contains at least ten thousand square feet (10,000 sq. ft.);
        3. (iii) Contains permanent fixed seating for at least three hundred forty-nine (349) persons;
        4. (iv) Contains one (1) performance space constructed prior to 1930 that contains a stage with a fly tower for stage rigging with a height of at least thirty feet (30′);
        5. (v) Is operated by a not-for-profit corporation that qualifies as tax exempt under the Internal Revenue Code, § 501(c)(3) (26 U.S.C. § 501(c)(3)), and such facility or designated area is not a religious organization or a secondary or elementary school;
        6. (vi) A major street is located not more than one hundred feet (100′) from the nearest exterior wall of such facility or designated area; and
        7. (vii) Is located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
      4. (D) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
        1. (i) Is owned, operated or leased by a municipal or county government, or any agency or commission thereof;
        2. (ii) Has an outdoor fixed structure amphitheater utilized as a performance venue;
        3. (iii) Provides or leases facilities for concerts, plays and programs of cultural, civic and educational interest; and
        4. (iv) Is located in any municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and the municipality has a population of not less than twenty-three thousand nine hundred twenty (23,920), nor more than twenty-three thousand nine hundred thirty (23,930), according to the 2000 federal census or any subsequent federal census;
      5. (E) “Urban park center” also means a facility or designated area that possesses each of the following characteristics:
        1. (i) Is owned and maintained by a bona fide charitable or nonprofit organization;
        2. (ii) Is used for the periodic showing or exhibition of animals;
        3. (iii) Has a seating capacity of not less than twenty-five thousand (25,000) persons;
        4. (iv) Includes an arena and a permanently constructed clubhouse or meeting room located on the grounds; and
        5. (v) Is located in any county having a population of not less than forty-five thousand (45,000) nor more than forty-five thousand one hundred (45,100), according to the 2010 federal census or any subsequent federal census;
      6. (F)
        1. (i) “Urban park center” also means a facility or designated area possessing each of the following characteristics:
          1. (a) Is located on a tract or tracts of land having at least five (5) contiguous acres;
          2. (b) Is located directly adjacent to property owned or leased by an airport authority created under state law;
          3. (c) Has an enclosed facility or designated area of at least twenty thousand square feet (20,000 sq. ft.) and one (1) room with more than fourteen thousand square feet (14,000 sq. ft.);
          4. (d) Has an exterior garden or gardens with sculpture;
          5. (e) Is leased or owned by a not-for-profit corporation that qualifies under § 501(c)(3) of the Internal Revenue Code; and
          6. (f) Is located within a county having a metropolitan form of government with a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) An urban park center licensed under this subdivision (42)(F) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise shall also be considered an urban park center under this subdivision (42)(F). The premises of an urban park center under this subdivision (42)(F) shall include all enclosed and outdoor areas of the property described in this subdivision (42)(F);
      7. (G) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
        1. (i) Is located in a building constructed in 1883 that was originally used as a flour mill and eventually became a cannery;
        2. (ii) Is an entertainment complex open to the public with three (3) facilities used for live music performances;
        3. (iii) Serves or sells food to patrons;
        4. (iv) Is approximately fifty-two thousand square feet (52,000 sq. ft.); and
        5. (v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      8. (H) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
        1. (i) Is located approximately two (2) blocks from Interstate 40;
        2. (ii) Is located in a building constructed in the 1920s as an automobile factory;
        3. (iii) Is located in a building remodeled in 2011 as a live music venue open to the public;
        4. (iv) Serves or sells food to patrons; and
        5. (v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      9. (I) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
        1. (i) Is located in the historic Elliston Place neighborhood;
        2. (ii) Is located approximately three (3) blocks from a private university and approximately one (1) block from a nonprofit hospital;
        3. (iii) Serves or sells food to patrons;
        4. (iv) Was opened to the public in 1971 as a live music venue;
        5. (v) Has a stage that is four feet (4′) high and has an indoor balcony; and
        6. (vi) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      10. (J) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
        1. (i) Is located on 8th Avenue approximately one (1) block from Interstate 65;
        2. (ii) Is a live music venue that opened to the public in 2001;
        3. (iii) Is located beneath an independent and nationally acclaimed record store;
        4. (iv) Serves or sells food to patrons;
        5. (v) Is approximately one thousand eight hundred square feet (1,800 sq. ft.); and
        6. (vi) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      11. (K) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
        1. (i) Is located on Forrest Avenue across from a branch of a public library;
        2. (ii) Is a live music venue that promotes local artists that opened to the public in 2003;
        3. (iii) Serves or sells food to patrons;
        4. (iv) Is approximately two thousand seven hundred square feet (2,700 sq. ft.) and has an enclosed exterior patio; and
        5. (v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      12. (L) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
        1. (i) Is located on First Avenue South;
        2. (ii) Is owned, operated, or leased by a governmental entity;
        3. (iii) Is a facility or designated area designed and used for the presentation of live outdoor music and other events and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate sales of alcoholic beverages and food; and
        4. (iv) Is located in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
      13. (M)
        1. (i) “Urban park center” also includes a facility possessing each of the following characteristics:
          1. (a) Is located on a tract or tracts of land having at least fifty (50) contiguous acres;
          2. (b) A state highway is not more than seven hundred fifty feet (750′) from the nearest property line;
          3. (c) A commercial railroad track is not more than seven hundred fifty feet (750′) from the nearest property line;
          4. (d) Is adjacent to a municipal park having over one thousand nine hundred (1,900) acres;
          5. (e) Has an art museum that was originally constructed prior to 1935 as a private residence;
          6. (f) Has exterior gardens with a stream or streams, pools, fountains, and a stone grotto;
          7. (g) Has a woodland sculpture trail that is over one (1) mile in length;
          8. (h) Is leased or owned by a not-for-profit corporation that qualifies as tax exempt under the Internal Revenue Code § 501(c)(3), (26 U.S.C. § 501(c)(3)); and
          9. (i) Is located within a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) An urban park center licensed under this subdivision (42)(M) shall have the privilege of granting a franchise pursuant to a written contract for a period of not less than one (1) year for the provision of food or beverage, including alcoholic beverages, on the premises of the urban park center, and the holder of such franchise shall be disclosed to the commission consistent with the disclosures made by the licensee and shall also be considered an urban park center under this subdivision (42)(M). The premises of an urban park center licensed under this subdivision (42)(M) shall include all enclosed and outdoor areas of the property described in this subdivision (42)(M);
      14. (N)
        1. (i) “Urban park center” also includes a commercially operated facility having all of the following characteristics:
          1. (a) The facility is located on approximately one and seven-tenths (1.7) acres of land and has approximately thirty-eight thousand one hundred thirty-five square feet (38,135 sq. ft.) of interior space;
          2. (b) The facility is located no more than ten thousand one hundred feet (10,100′) from a federal interstate highway and less than three thousand two hundred feet (3,200′) west of a commercial railroad track. The structure must be not less than two hundred seventy feet (270′) and not more than three hundred feet (300′) above sea level. The structure must have been originally constructed in 2017;
          3. (c) The facility is located on a property that is adjacent to the intersection of Madison Avenue and Cooper Street;
          4. (d) The property that the facility is located on must have previously housed a structure used as a hotel business that was demolished in 2015;
          5. (e) The facility must be approximately one thousand six hundred eighty feet (1,680′) to the south of a public park located on approximately three hundred forty-two (342) acres and that has a zoo that is accredited by the Association of Zoos and Aquariums that is open to the public;
          6. (f) The facility consists of at least five (5) studio spaces in which live dance is performed, rehearsed, and instructed;
          7. (g) The facility is operated by a not-for-profit corporation that qualifies as tax exempt under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), and such facility or designated area is not a religious organization or a secondary or elementary school; and
          8. (h) The facility is located in a county with a charter form of government having a population of not less than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (42)(N) shall mean any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises shall be covered under one (1) license issued under this subdivision (42)(N);
        3. (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (42)(N) shall mean, for beer permitting purposes, any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises shall be covered under one (1) beer permit issued under chapter 5 of this title; and
        4. (iv) An urban park center licensed under this subdivision (42)(N) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise shall also be considered an urban park center under this subdivision (42)(N);
      15. (O) “Urban park center” also means:
        1. (i) A commercially operated facility having all of the following characteristics:
          1. (a) The facility is located on land that is between one and one-half (1½) acres and that is adjacent to land owned by the electric power board of a county with a metropolitan form of government;
          2. (b) The facility has at least two (2) permanent structures constructed before 1978 and at least twenty-five thousand square feet (25,000 sq. ft.) of climate controlled space;
          3. (c) The facility formerly housed a custom car design business that had been serving the automotive community since 1968;
          4. (d) The facility is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
          5. (e) The facility is approximately five thousand ninety feet (5,090′) to the northeast of a federal interstate highway;
          6. (f) The facility is approximately five thousand nine hundred sixty feet (5,960′) to the northwest of a navigable waterway; and
          7. (g) The facility is approximately three hundred fifty feet (350′) to the southwest from the main building of a high school that was originally constructed before 1933;
        2. (ii) The premises of any facility described under this subdivision (42)(O) means any or all of the property that constitutes the facility, including all buildings and outdoor areas between and around those buildings. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. An urban park center, as described in subdivision (42)(O)(i), may grant a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including alcoholic beverages, on its premises. A franchisee is deemed to be an urban park center under this subdivision (42)(O) and shall apply for and hold a license under this subdivision (42)(O). The commission shall enforce chapter 4 of this title against each franchisee as a licensee under this subdivision (42)(O) and shall not cite, penalize, or take any other adverse action against a franchisee for any violation committed by another franchisee on the licensed premises. There is a rebuttable presumption of liability for a specific franchisee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the franchisee, the commission may determine which franchisee to cite for an underage sale. If the commission is unable to determine which franchisee committed the violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more franchisees that share the common space where the violation occurred;
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility described under this subdivision (42)(O) means, for the purpose of obtaining a beer permit, any or all of the property that constitutes the facility, including all buildings and outdoor areas between and around those buildings. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. An urban park center, as described in subdivision (42)(O)(i), may grant a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including beer, on its premises. A franchisee is deemed to be an urban park center under this subdivision (42)(O) and shall apply for and hold a beer permit. The beer board shall enforce chapter 5 of this title against each franchisee as a beer permittee and shall not cite, penalize, or take any other adverse action against a franchisee for any violation committed by another franchisee on the licensed premises. There is a rebuttable presumption of liability for a specific franchisee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the franchisee, the beer board may determine which franchisee to cite for an underage sale. If the beer board is unable to determine which franchisee committed the violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more franchisees that share the common space where the violation occurred; and
        4. (iv) The licensee described in subdivision (42)(O)(i) and any franchisee licensed under this subdivision (42)(O) may store beer and alcoholic beverages in a central storage location in the facility. Each licensee shall store its inventory of beer and alcoholic beverages in a separately locked cage or other storage area;
      16. (P)
        1. (i) “Urban park center” also means a facility or designated area having all of the following characteristics:
          1. (a) The easternmost corner of the structure that houses the facility is approximately one thousand four hundred feet (1,400′) southwest of a public park that is adjacent to a navigable waterway;
          2. (b) The easternmost corner of the structure that houses the facility is approximately one thousand one hundred feet (1,100′) southeast of a public park that is adjacent to a public library constructed in 2001;
          3. (c) The easternmost corner of the structure that houses the facility is approximately five hundred feet (500′) northwest of a public park that contains a walkway recognizing professionals in the music industry;
          4. (d) The easternmost corner of the structure that houses the facility is approximately one thousand five hundred feet (1,500′) southwest of a railway station providing commuter rail service that employs standard gauge locomotives and coaches;
          5. (e) The property that houses the facility is across a public street from a live performance venue that was originally constructed in 1892 as a religious facility;
          6. (f) The property that houses the facility is adjacent to a facility originally constructed in 1925 that houses the Grand Lodge of Free and Accepted Masons of Tennessee;
          7. (g) The facility is located in a mixed used development located at the intersection of a federal highway and a municipal street;
          8. (h) The facility is owned, operated, or leased by a bona fide charitable or nonprofit organization;
          9. (i) The facility occupies no less than fifty thousand square feet (50,000 sq. ft.) of commercial space used as a museum that offers informational and educational programming to the community, features historical exhibits, live and pre-recorded music, and may be utilized for public and private occasions, weddings, community meetings, corporate functions, and other events;
          10. (j) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
          11. (k) The facility is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (42)(P) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
        3. (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (42)(P) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing; and
        4. (iv) An urban park center licensed under this subdivision (42)(P) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of the franchise is deemed to be an urban park center under this subdivision (42)(P);
      17. (Q)
        1. (i) “Urban park center” also includes a facility possessing each of the following characteristics:
          1. (a) Is owned, operated, or leased by a municipal or county government, or any agency or commission thereof;
          2. (b) Has an outdoor fixed-structure stage utilized as a performance venue;
          3. (c) Provides or leases facilities for concerts, plays, and programs of cultural, civic, and educational interest; and
          4. (d) Is located in a municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and that has a population of not less than four thousand fifty (4,050) and not more than four thousand fifty-nine (4,059), according to the 2010 federal census and any subsequent federal census; and
        2. (ii) This subdivision (42)(Q) only applies in a city with a population of not less than four thousand fifty (4,050) and not more than four thousand fifty-nine (4,059), according to the 2010 federal census and any subsequent federal census upon the adoption of an ordinance by a two-thirds (⅔) vote of its governing body;
      18. (R)
        1. (i) “Urban park center” also means a facility possessing each of the following characteristics:
          1. (a) Provides or leases facilities for flea markets, fairs, exposition events, consumer shows, indoor and outdoor sports, meetings, and banquets;
          2. (b) Has a paved motorsports racetrack that is at least one-half (½) mile in length with banking in the turns of eighteen (18) degrees;
          3. (c) Is located on a tract of land having at least one hundred twenty-eight (128) acres;
          4. (d) Has a one (1) acre dog park and other green space that is used for parking, public recreation, and events; and
          5. (e) Is owned by, and located in, a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
        2. (ii) The premises of any facility licensed under this subdivision (42)(R) means any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may be covered under multiple licenses issued under this subdivision (42)(R) for individual facilities within the urban park center;
        3. (iii) An urban park center licensed under this subdivision (42)(R) may grant a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise is also considered an urban park center under this subdivision (42)(R); and
        4. (iv) An urban park center licensed under this subdivision (42)(R) shall provide a report to the commission, on or before October 1 each year, that details the gross revenue the urban park center earned from the sale of alcoholic beverages and the amount retained by, or paid to, any franchisee of the urban park center for the sale of alcoholic beverages;
      19. (S)
        1. (i) “Urban park center” also means a facility or designated area that:
          1. (a) Is located at the former site of a one-million-five-hundred-thousand-square-foot (1,500,000 sq. ft.) warehouse that was part of a chain of retail department stores that was once the nation's largest retailer and was the municipality's largest employer;
          2. (b) Is located on approximately one (1) acre of real property adjacent to a nineteen-acre mixed-use development that offers multi-family housing, commercial offices, restaurants, and retail stores;
          3. (c) Is an entertainment complex with at least one (1) facility having a capacity for at least five hundred (500) patrons that is used for live music performances; and
          4. (d) Is located in a county having a population of not less than nine hundred thousand (900,000), according to the 2020 or a subsequent federal census;
        2. (ii) An urban park center licensed under this subdivision (42)(S) may grant a franchise for the provision of food or beverages, including alcoholic beverages, on its premises, and the holder of such franchise is deemed to be an urban park center under this subdivision (42)(S);
        3. (iii) The premises of a facility licensed under this subdivision (42)(S) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (42)(S); and
        4. (iv) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (42)(S) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
    43. (43) “Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product shall be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine; and
    44. (44)
      1. (A) “Zoological institution” means a facility which contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
        1. (i) The zoo is owned, operated, or leased by a municipal or county government;
        2. (ii) The zoo is at least fifty (50) years old; and
        3. (iii) The zoo is located in a county having a population in excess of eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
      2. (B) “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
        1. (i) The zoo is operated on property leased by a county having a metropolitan form of government and has been opened to the public on that property at least since 1997;
        2. (ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
        3. (iii) The zoo is located in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
      3. (C) “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
        1. (i) The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1937;
        2. (ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
        3. (iii) The zoo is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census; and
      4. (D) “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
        1. (i) The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1948;
        2. (ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
        3. (iii) The zoo is located in a county having a population of not less than three hundred eighty two thousand (382,000) nor more than three hundred eighty two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census.
Backlinks (54)
History (228)
  • Acts 1967, ch. 211, § 1
  • 1972, ch. 682, § 2
  • 1972, ch. 756, § 3
  • 1975, ch. 111, § 3
  • 1975, ch. 347, § 1
  • 1979, ch. 401, § 2
  • T.C.A., § 57-153
  • Acts 1980, ch. 895, § 1
  • 1980, ch. 898, § 2
  • 1981, ch. 404, § 2
  • 1981, ch. 467, §§ 1-4
  • 1981, ch. 475, § 2
  • 1982, ch. 691, § 1
  • 1982, ch. 931, §§ 1-4
  • 1983, ch. 52, § 2
  • 1983, ch. 300, §§ 3, 6
  • 1983, ch. 305, § 1
  • 1983, ch. 306, § 1
  • 1983, ch. 391, § 1
  • 1983, ch. 454, § 4
  • 1983, ch. 461, §§ 1-4
  • 1983, ch. 469, § 2
  • 1983, ch. 481, § 1
  • 1984, ch. 522, § 1
  • 1984, ch. 569, § 2
  • 1984, ch. 599, § 1
  • 1984, ch. 858, §§ 1-4
  • 1984, ch. 871, § 1
  • 1984, ch. 975, § 2
  • 1985, ch. 41, § 1
  • 1985, ch. 47, § 1
  • 1985, ch. 117, § 1
  • 1985, ch. 190, § 2
  • 1986, ch. 516, § 1
  • 1986, ch. 899, § 3
  • 1987, ch. 73, § 1
  • 1987, ch. 218, § 1
  • 1987, ch. 444, §§ 3, 4
  • 1987, ch. 456, § 1
  • 1988, ch. 792, § 1
  • 1988, ch. 942, §§ 1, 2
  • 1989, ch. 50, § 1
  • 1989, ch. 361, § 1
  • 1989, ch. 459, § 1
  • 1990, ch. 718, § 1
  • 1990, ch. 730, §§ 1, 2
  • 1990, ch. 853, § 1
  • 1990, ch. 949, § 1
  • 1991, ch. 462, § 1
  • 1992, ch. 674, § 2
  • 1992, ch. 675, § 2
  • 1993, ch. 308, §§ 1, 2
  • 1994, ch. 657, § 1
  • 1994, ch. 822, § 1
  • 1994, ch. 837, § 1
  • 1994, ch. 933, § 1
  • 1995, ch. 18, § 1
  • 1995, ch. 306, § 2
  • 1996, ch. 688, § 1
  • 1996, ch. 730, § 1
  • 1996, ch. 749, § 2
  • 1996, ch. 1017, § 1
  • 1997, ch. 146, § 1
  • 1997, ch. 281, §§ 1-7
  • 1998, ch. 722, § 1
  • 1998, ch. 786, § 1
  • 1998, ch. 795, § 6
  • 1998, ch. 798, § 1
  • 1998, ch. 939, §§ 2, 3
  • 1998, ch. 966, §§ 1, 2
  • 1999, ch. 211, § 1
  • 1999, ch. 314, §§ 1, 2, 4
  • 1999, ch. 525, § 2
  • 2000, ch. 657, § 2
  • 2000, ch. 727, § 1
  • 2001, ch. 64, § 2
  • 2001, ch. 74, § 1
  • 2001, ch. 84, § 1
  • 2001, ch. 112, §§ 1-3
  • 2001, ch. 371, § 2
  • 2001, ch. 383, §§ 2, 3
  • 2002, ch. 647, § 1
  • 2002, ch. 661, § 1
  • 2002, ch. 676, § 1
  • 2002, ch. 679, §§ 1, 2
  • 2002, ch. 705, §§ 1, 2
  • 2002, ch. 832, §§ 1, 3, 4
  • 2003, ch. 132, § 1
  • 2003, ch. 309, §§ 1, 2
  • 2003, ch. 314, § 1
  • 2004, ch. 544, § 1
  • 2004, ch. 671, §§ 1, 2
  • 2004, ch. 676, § 1
  • 2004, ch. 710, § 1
  • 2004, ch. 857, § 1
  • 2004, ch. 876, § 6
  • 2005, ch. 212, § 5
  • 2005, ch. 253, § 2
  • 2005, ch. 422, §§ 1-10
  • 2006, ch. 612, §§ 1-3
  • 2006, ch. 733, §§ 1-6, 8
  • 2006, ch. 865, § 1
  • 2007, ch. 150, §§ 1-3
  • 2007, ch. 203, § 1
  • 2007, ch. 258, § 1
  • 2007, ch. 342, § 1
  • 2007, ch. 492, § 1
  • 2008, ch. 634, § 2
  • 2008, ch. 649, § 1
  • 2008, ch. 653, § 1
  • 2008, ch. 713, § 1
  • 2008, ch. 784, § 1
  • 2009, ch. 49, § 1
  • 2009, ch. 98, § 1
  • 2009, ch. 109, § 1
  • 2009, ch. 168, § 1
  • 2009, ch. 266, §§ 1, 2
  • 2009, ch. 357, §§ 1, 2
  • 2009, ch. 572, §§ 1, 2
  • 2010, ch. 622, § 1
  • 2010, ch. 623, § 1
  • 2010, ch. 632, § 1
  • 2010, ch. 641, § 1
  • 2010, ch. 647, § 1
  • 2010, ch. 649, § 1
  • 2010, ch. 664, § 1
  • 2010, ch. 695, § 1
  • 2010, ch. 744, § 1
  • 2010, ch. 763, §§ 1-3
  • 2010, ch. 771, § 1
  • 2010, ch. 835, §§ 1-5
  • 2010, ch. 927, §§ 2, 3
  • 2010, ch. 1121, §§ 1-3
  • 2010, ch. 1133, §§ 2, 3
  • 2011, ch. 31, § 1
  • 2011, ch. 53, § 1
  • 2011, ch. 110, § 1
  • 2011, ch. 136, § 1
  • 2011, ch. 440, § 1
  • 2011, ch. 447, §§ 3-8, 11, 12
  • 2011, ch. 503, §§ 1, 2
  • 2012, ch. 661, § 1
  • 2012, ch. 790, §§ 1, 2
  • 2012, ch. 947, § 8
  • 2012, ch. 1005, §§ 1-3
  • 2012, ch. 1035, §§ 3, 4
  • 2012, ch. 1045, § 1
  • 2013, ch. 37, § 1
  • 2013, ch. 160, § 1
  • 2013, ch. 218, § 1
  • 2013, ch. 230, § 1
  • 2013, ch. 295, §§ 1, 2
  • 2013, ch. 371, § 1
  • 2013, ch. 458, §§ 1, 2
  • 2014, ch. 506, § 1
  • 2014, ch. 643, §§ 1-4
  • 2014, ch. 661, §§ 1, 2
  • 2014, ch. 843, §§ 1, 2
  • 2014, ch. 861, § 7
  • 2014, ch. 907, §§ 1, 3, 4
  • 2014, ch. 1001, §§ 1-5, 8, 10
  • 2015, ch. 70, § 1
  • 2015, ch. 116, § 1
  • 2015, ch. 119, § 1
  • 2015, ch. 269, § 4
  • 2015, ch. 279, § 1
  • 2015, ch. 336, §§ 2, 3
  • 2015, ch. 391, §§ 2, 3
  • 2015, ch. 428, § 2
  • 2015, ch. 446, § 1
  • 2015, ch. 458, §§ 1-5
  • 2016, ch. 791, §§ 1, 2
  • 2016, ch. 858, § 17
  • 2016, ch. 874, § 1
  • 2016, ch. 922, §§ 1-4
  • 2016, ch. 953, §§ 1-3
  • 2016, ch. 964, § 1
  • 2016, ch. 965, §§ 1, 2
  • 2016, ch. 1022, § 1
  • 2017, ch. 119, § 1
  • 2017, ch. 141, § 1
  • 2017, ch. 142, § 1
  • 2017, ch. 147, §§ 9-11
  • 2017, ch. 160, § 1
  • 2017, ch. 173, § 1
  • 2017, ch. 195, § 1
  • 2017, ch. 214, §§ 1-3
  • 2017, ch. 223, § 1. 2017, ch. 273, § 1
  • 2017, ch. 337, § 1
  • 2017, ch. 371, § 1
  • 2017, ch. 394, § 1
  • 2017, ch. 428, § 1
  • 2018, ch. 680, §§ 1, 2
  • 2018, ch. 740, §§ 1-4
  • 2018, ch. 755, § 4
  • 2018, ch. 785, § 1
  • 2018, ch. 787, § 1
  • 2018, ch. 812, § 1
  • 2018, ch. 847, § 1
  • 2018, ch. 860, §§  1-3
  • 2018, ch. 912, § 1
  • 2018, ch. 950, §§ 1, 2
  • 2018, ch. 1010, §§ 1, 2
  • 2019, ch. 91, § 1
  • 2019, ch. 99, § 1
  • 2019, ch. 363, §§ 1-10
  • 2019, ch. 377, §§ 1, 2
  • 2019, ch. 435, §§ 2, 5
  • 2020, ch. 677, § 1
  • 2020, ch. 700, § 1
  • 2020, ch. 797, § 1
  • 2020, ch. 802, §§ 1–18
  • 2021, ch. 187, § 1
  • 2021, ch. 267, § 1
  • 2021, ch. 320, §§  1–3
  • 2021, ch. 330, §  2
  • 2021, ch. 356, §§  1–20
  • 2021, ch. 388, §§  1–3
  • 2021, ch. 407, §§  1, 2
  • 2022, ch. 645, § 1
  • 2022, ch. 701, § 1
  • 2022, ch. 882, §§ 1-3
  • 2022, ch. 900, §§ 9-12
  • 2022, ch. 1050, §§ 1-31
  • 2023, ch. 374, §§ 1-35
  • 2024, ch. 865, §  2
  • 2024, ch. 926, § 2
  • 2024, ch. 1024, §§ 1-11, 13-32.
§ 57-4-103. Applicability of chapter — Referendum — Form of question.
  1. (a)
    1. (1) This chapter shall be effective in any jurisdiction which authorizes the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106; provided, that, in addition to any other method authorized for holding an election pursuant to § 57-3-106, an election may be held for such sales upon adoption of a resolution by a two-thirds (⅔) vote of the legislative body of a county or municipality.
    2. (2)
      1. (A) Except as provided in subdivision (a)(2)(B), if the county election commission receives the necessary resolution or the petition requesting the referendum not less than forty five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to § 2-3-204, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
      2. (B) In counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, if the county election commission receives the necessary petition requesting the referendum not less than thirty (30) days before the date on which an election is scheduled to be held, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
    3. (3) If any county has authorized the sale of alcoholic beverages for sale for consumption off premises pursuant to § 57-3-106, then any municipality wholly or partially within the boundaries of the county may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of the municipality.
    4. (4)
      1. (A) If a municipality which has created a tourism development zone as defined in § 7-88-103 has not authorized the sale of alcoholic beverages for consumption on the premises in a referendum, then such municipality is authorized to conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality in accordance with this subdivision (a)(4). Notwithstanding § 57-3-106(c) and (f)(2), the county election commission shall place the question on the ballot of the November 2012, general election; provided, that all costs associated with the referendum election shall be paid for by the municipality to which this subdivision (a)(4) applies.
      2. (B) The question submitted to the voters shall be in the following form for this election:
        2. For legal sale of alcoholic beverages for consumption on the premises in (here insert name of political subdivision).
        3. Against legal sale alcoholic beverages for consumption on the premises in (here insert name of political subdivision).
    5. (5) When a municipality is located partly within a county that has a metropolitan form of government and the county has approved sales of alcoholic beverages for consumption on the premises and partly within another county that has not approved sales of alcoholic beverages for consumption on the premises, a referendum in the municipality shall be held only in that portion of the municipality located in the county that has not approved sales of alcoholic beverages for consumption on the premises. The referendum result shall not affect the sale of alcoholic beverages for consumption on the premises in the portion of the municipality located in the county having a metropolitan form of government.
    6. (6) If any municipality located in any county having a population of not less than sixty-six thousand two hundred (66,200) nor more than sixty-six thousand three hundred (66,300), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than eight hundred fifty-five (855) nor more than eight hundred sixty-five (865) located within the boundaries of such county may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(13) or § 57-3-106(b)(1). The referendum shall be conducted in the manner prescribed by § 57-3-106.
    7. (7) If any municipality located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than five hundred thirty (530) nor more than five hundred thirty-nine (539), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or § 57-3-106(b)(1). The referendum shall be conducted in the manner prescribed by § 57-3-106.
    8. (8) If any municipality located in any county having a population of not less than forty-one thousand eight hundred (41,800) nor more than forty-one thousand nine hundred (41,900), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than four hundred sixty (460) nor more than seven hundred eighty-five (785), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or § 57-3-106(b)(1). The referendum must be conducted in the manner prescribed by § 57-3-106.
    9. (9) If any municipality located in any county having a population of not less than sixty-six thousand two hundred (66,200) nor more than sixty-six thousand three hundred (66,300), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than three hundred ten (310) nor more than three hundred nineteen (319), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or § 57-3-106(b)(1). The referendum must be conducted in the manner prescribed by § 57-3-106.
  2. (b) At any such election, the only question submitted to the voters shall be in the following form:
    2. For legal sale of alcoholic beverages for consumption on the premises in (here insert name of political subdivision).
    3. Against legal sale of alcoholic beverages for consumption on the premises in (here insert name of political subdivision).
Backlinks (45)
History (23)
  • Acts 1967, ch. 211, § 4
  • 1971, ch. 59, § 1
  • 1972, ch. 510, § 1
  • 1975, ch. 71, §§ 1, 2
  • 1977, ch. 445, § 1
  • modified
  • T.C.A., § 57-164
  • Acts 1984, ch. 877, § 1
  • 1987, ch. 456, § 2
  • 1988, ch. 551, § 1
  • 1992, ch. 711, § 1
  • 1993, ch. 518, §§ 18, 21
  • 1998, ch. 618, § 2
  • 2005, ch. 262, § 1
  • 2006, ch. 607, § 1
  • 2007, ch. 52, § 1
  • 2008, ch. 778, §§ 1, 2
  • 2011, ch. 447, §§ 9, 10
  • 2012, ch. 1035, §§ 1, 2
  • 2015, ch. 201, § 2
  • 2018, ch. 692, § 2
  • 2018, ch. 891, § 2
  • 2021, ch. 237, § 2.
§ 57-4-104. Applicability of amendments to chapter.
  1. The amendments to §§ 57-4-101, 57-4-102, 57-4-201, 57-4-203 and 57-4-301, made by chapter 444 of the Public Acts of 1987, shall not apply in counties having a population of:
    3. 11,70011,800
    4. 24,59024,600
    5. 34,80034,900
    6. 67,30067,400
    8. according to the 1980 federal census or any subsequent federal census.
History (1)
  • Acts 1987, ch. 444, § 12.
§ 57-4-105. Serving wine at art galleries.
  1. Any art gallery that does not sell food or beverages and that receives ninety percent (90%) of its revenue from the sale of artwork may serve wine to patrons of such art gallery without a charge. Such art gallery shall not serve wine to a patron who is intoxicated or believed to be intoxicated. Notwithstanding any other law to the contrary, any art gallery permitted to serve wine under this section shall not be required to pay any fees or taxes related to the privilege of serving wine.
History (1)
  • Acts 2004, ch. 954, § 1.
§ 57-4-106. Authority to serve or sell high alcohol content beer if authorized to serve or sell wine.
  1. If a premises is authorized pursuant to this chapter to serve or sell wine only, the premises shall also be authorized to serve or sell high alcohol content beer, as defined in § 57-3-101.
History (3)
  • Acts 2006, ch. 733, § 7
  • 2014, ch. 861, § 8
  • 2019, ch. 435, § 3.
§ 57-4-107. Sales of alcoholic beverages for consumption on the premises in unincorporated areas of a county.
  1. (a) Notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that, by local option election in a county-wide referendum, approves the legal sale of alcoholic beverages for consumption on the premises, if that county has a charter form of government. This section shall apply to any such county that has already approved this referendum prior to June 5, 2009.
  2. (b) In addition to the sales of alcoholic beverages authorized pursuant to subsection (a), notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that approves the legal sale of alcoholic beverages for consumption on the premises by local option election called and held, in accordance with § 57-3-106(g), in portions of the county lying outside municipalities meeting the requirements of § 57-3-106(g)(1).
  3. (c) If a county-wide referendum for the legal sale of alcoholic beverages for consumption on the premises is approved in a county, the sales of alcoholic beverages are permitted in any municipality that participated in the referendum regardless of the minimum population requirement for a municipality in § 57-3-101.
History (4)
  • Acts 2009, ch. 351, § 1
  • 2011, ch. 411, § 1
  • 2011, ch. 447, § 1
  • 2017, ch. 147, § 20.
§ 57-4-108. Production, storage and sale of infused alcohol products.
  1. (a) As used in this title, “infusion” or “infused product” means any product created from the combining or mixing of an alcoholic beverage with nonalcoholic products or material over a sustained period of time, and at the time of the combination or mixing, the combination or mixture is not intended for immediate consumption.
  2. (b)
    1. (1) Notwithstanding any law to the contrary, an establishment licensed to sell alcoholic beverages for on-premises consumption pursuant to this part may produce, store and sell infusions pursuant to this section.
    2. (2) The commission may promulgate rules and regulations regarding the production, storage, and sale of infusions by any licensee in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  3. (c) All alcoholic beverages used in the production of an infusion must be purchased from a licensed wholesaler.
  4. (d) A batch of infused product shall not:
    1. (1) Contain any added stimulant, drug, or illegal substance; provided, that “added stimulant”:
      1. (A) Means any stimulant used in the production of the infusion that is not naturally contained in any food product or beverage used in the production of the infusion; and
      2. (B) Includes, but is not limited to, caffeine, guarana, ginseng, and taurine and any product or beverage which includes stimulants that are not naturally included in the product or beverage, including, but not limited to, energy drinks;
    2. (2) Be removed or transported from the licensed premises; or
    3. (3) Be infused in, stored in, or dispensed from an original package of liquor or wine, or a container bearing an alcoholic beverage name brand.
  5. (e) A batch of infused product shall be labeled with a list of each ingredient contained in the infusion.
Backlinks (1)
History (2)
  • Acts 2014, ch. 1001, § 9
  • 2017, ch. 338, §§ 1, 2.
§ 57-4-109. Tasting of alcohol by qualified student — Criteria — Definitions.
  1. (a) A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled are not subject to criminal prosecution under § 57-5-301, § 57-4-203, § 39-15-404, or title 39, chapter 17, part 7, if:
    1. (1) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution;
    2. (2) The qualified academic institution has established a program of study that is designed to train industry professionals in the production of fermented or distilled food or beverage products;
    3. (3) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course or training required for the program of study; and
    4. (4) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age.
  2. (b) This section does not authorize a student under twenty-one (21) years of age to receive an alcoholic beverage unless it is delivered as part of the student's curriculum requirements in the student's program of study.
  3. (c) A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Tuition normally charged for a course must not be considered an extra fee or charge.
  4. (d) As used in this section:
    1. (1) “Alcoholic beverage” includes beer as defined in § 57-5-101;
    2. (2) “Program of study” means:
      1. (A) An academic program offered by a qualified academic institution that leads to a certificate, diploma, associate degree, or bachelor's degree; or
      2. (B) An apprenticeship program facilitated by a qualified academic institution;
    3. (3) “Qualified academic institution” means a public or private postsecondary institution accredited by a commission recognized by the United States department of education;
    4. (4) “Qualified student” means a student enrolled in a fermentation science, wine making, mead making, brewing, or distilling program of study at a qualified academic institution; and
    5. (5) “Taste” means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.
History (2)
  • Acts 2016, ch. 709, § 1
  • 2024, ch. 659, § 1.
§ 57-4-110. Interest of licensed manufacturer in licensed establishment.
  1. Notwithstanding any law or rule to the contrary, a manufacturer licensed under § 57-3-202 may have a direct or indirect interest in any establishment licensed pursuant to this part; provided, that such interest is held in an irrevocable trust by an independent trustee.
Backlinks (1)
History (2)
  • Acts 2017, ch. 371, § 3
  • 2019, ch. 94, § 2.
§ 57-4-111. Sale or transfer of alcoholic beverage inventory.
  1. Notwithstanding any other law to the contrary, a retailer licensed pursuant to § 57-4-101 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. (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. (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. (3) The purchaser or transferee is licensed by the commission under § 57-4-101 prior to the sale or transfer being finalized.
History (1)
  • Acts 2021, ch. 76, § 3.
§ 57-4-113. Choice of expiration date by applicant who holds two or more licenses.
  1. (a) Notwithstanding § 57-4-201(a)(3) or § 57-3-213, an applicant for the issuance or renewal of a license under this chapter who holds two (2) or more licenses issued under this chapter, regardless of type, may choose the expiration date for the licenses as long as the expiration date chosen is less than twelve (12) months from the date the license is issued or renewed. The license fee for a license issued for less than twelve (12) months must be prorated according to the length of the license.
  2. (b) This section becomes effective on July 1, 2023.
History (1)
  • Acts 2022, ch. 1013, § 1.
§ 57-4-114. Electronic documentation.
  1. (a) A licensee may store such documentation or paperwork electronically, and the commission shall accept the electronic documentation for purposes of an inspection of the licensee or verification of compliance with this chapter or chapter 3, part 7 of this title. If a licensee stores documentation or paperwork electronically, all information necessary to verify the validity of the license, permit, document, or other paperwork must be legible and verifiable in the electronic copy.
  2. (b) Notwithstanding subsection (a), a license issued under this chapter must be prominently displayed and posted on the licensed premises.
History (1)
  • Acts 2022, ch. 1013, § 1.
§ 57-4-115. Notification of event at which licensed caterer has contracted to provide and sell alcoholic beverages — Delivery of alcoholic beverages.
  1. (a)
    1. (1) A licensed caterer shall provide notice to the commission at least two (2) calendar days before an event at which the licensed caterer has contracted to provide and sell alcoholic beverages on a form developed by the commission. The notification must be transmitted electronically, and the commission shall confirm receipt of the notification.
    2. (2) This subsection (a) becomes effective on July 1, 2023.
  2. (b) A wholesaler may deliver alcoholic beverages directly to the site where a licensed caterer is catering an event if:
    1. (1) The licensed caterer notifies the commission of the delivery address prior to the event; and
    2. (2) A licensed caterer is at the delivery site to receive the delivery at the time of delivery.
History (1)
  • Acts 2022, ch. 1013, § 1.
Part 2 Administration, Enforcement, Prohibited Acts
§ 57-4-201. Alcoholic beverage commission to administer law — Permits — Procedure — Rules and regulations.
  1. (a)
    1. (1) The commission created pursuant to chapter 1 of this title, has the authority to administer parts 1-3 of this chapter.
    2. (2) The commission shall make regulations, not inconsistent with this chapter, for clarifying, interpreting, carrying out and enforcing the terms of this chapter, for ensuring the proper and orderly conduct of business by licensees, and for regulating all advertising of alcoholic beverages by licensees.
    3. (3) Expiration of the licenses granted pursuant to this chapter shall be as provided by § 57-3-213(a), (b) and (c).
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    4. (4) Further, all the provisions of §§ 57-3-214 and 57-3-404(a) and (b), shall apply to licensees under this chapter.
  2. (b)
    1. (1) Any person, firm or corporation owning any hotel, convention center, premier type tourist resort, restaurant, food hall, restricted retail business, club, historic performing arts center, community theater, theater, historic interpretive center, urban park center, zoological institution, public aquarium, museum, historic mansion house site, commercial passenger bus company, or commercial passenger boat company as defined in § 57-4-102, desiring to sell wine or other alcoholic beverages for consumption on its premises where food may be served, shall make application to the commission in duplicate on forms furnished by the commission for a permit so to do. The commission is authorized to issue a limited permit to a restaurant making application under § 57-4-101(c)(1), authorizing such restaurant to serve wine but not any other alcoholic beverages. Notwithstanding § 57-3-803, the commission is authorized to issue a limited license to a retail food store authorizing a restaurant within a retail food store to serve wine but no other alcoholic beverages within a designated area within the retail food store. A retail food store may receive a restaurant license under this section without complying with seating requirements or requirements regarding minimum food sales for a wine only licensee as long as the retail food store provides prepared food for sale to customers and pays a license fee equal to the license fee in § 57-4-301(b)(1)(R)(vii). Any person, firm or corporation desiring to sell wine or other alcoholic beverages for consumption on the premises of any terminal building of a commercial air carrier airport as defined in § 57-4-102, or of a commercial airline travel club as defined in § 57-4-102, or of a sports authority facility as defined in § 57-4-102, shall make application to the commission in duplicate on forms furnished by the commission for a permit to do so. No person, firm or corporation shall be authorized to engage in making such sales until the permit therefor is approved and issued by the commission.
    2. (2) No license may be granted hereunder to any establishment when any person, firm or corporation having at least a five percent (5%) ownership interest in the establishment has been convicted within ten (10) years prior to the application for a license hereunder of a violation of the laws governing the sale or manufacture of alcoholic beverages or of any felony.
    3. (3)
      1. (A) If a license has been issued to an establishment as a restaurant pursuant to § 57-4-102 and such licensee desires to exchange its license as a restaurant for a license as a limited service restaurant, the commission may issue the establishment a license as a limited service restaurant in accordance with chapter 1133 of the Public Acts of 2010, upon the filing of an application by the licensee for the issuance of a license as a limited service restaurant, together with the payment of the application fee required pursuant to § 57-4-301(b)(1) and a sworn statement indicating the gross revenue from the previous year derived from food sales and the gross revenue derived from liquor sales, and, if approved, paying the license fee, or the prorated difference between its restaurant license fee and the license fee, if applicable, required pursuant to § 57-4-301(b)(1)(W). Such statement shall determine the appropriate license fee to be paid. It is the intent that on-premises licenses permitting the sale of alcoholic beverages at restaurants shall not be required to fulfill any other requirements in order to be issued a license to serve alcoholic beverages as a limited service restaurant.
      2. (B) Should the commission find that any restaurant fails to satisfy the requirements of § 57-4-102(31)(A) but would otherwise qualify as a limited service restaurant, such establishment shall be permitted thirty (30) days following such finding to elect to exchange its license for a limited service restaurant license upon paying to the commission a new application fee and the prorated difference between its restaurant license fee and the license fee required pursuant to § 57-4-301(b)(1)(X).
      3. (C) For purposes of exchanging a restaurant license as a limited service restaurant license, if the licensee had been issued a license by the alcoholic beverage commission as a restaurant, the initial license fee shall be based on the percentage of gross sales the establishment generated from the service of meals during the year previous to the year the license as a limited service restaurant is requested.
      4. (D) Any establishment applying for a renewal of its license shall submit a sworn statement indicating the gross revenue from the previous year derived from food sales and the gross revenue derived from liquor sales. Such statement shall determine the license fee to be paid pursuant to § 57-4-301(b)(1)(X).
      5. (E)
        1. (i) If a license is requested by an applicant who does not hold an existing license as a restaurant, it shall be a rebuttable presumption that the amount of gross sales from prepared food will be between zero percent (0%) but not more than fifteen percent (15%). An applicant may rebut the presumption by including with the application a business plan which indicates the gross sales from prepared food will be higher than fifteen percent (15%). The commission shall advise each applicant of the applicant's right to include with the application a business plan which includes a projection of the amount of gross sales of prepared food and in such case, the commission shall assess the appropriate license fee based on such projection.
        2. (ii) Any establishment applying for a renewal of its license as a limited service restaurant shall submit a sworn statement indicating the percentage of gross revenue for the previous year derived from food sales and the gross revenue derived from sales of alcoholic beverages. If the statement indicates the gross sales from prepared food was higher than the initial projection or higher than the amount actually sold in the previous year, requiring the payment of a lower licensure fee, the commission shall refund the difference to the licensee within thirty (30) days of the date the statement is filed with the commission. If the statement indicates the gross sales from prepared food was less than the projection or than the amount actually sold in the previous year, requiring the payment of a higher licensure fee, the commission shall require the licensee to pay to the commission the difference between the licensure fee actually paid at the time the renewal fee is paid.
  3. (c)
    1. (1) Any club seeking to obtain a license under this chapter shall, as a condition precedent to its obtaining such license, cause to be printed in a newspaper of general circulation in the county or municipality where such club is located a public notice that the club is seeking a license from the commission to sell liquor by the drink. The notice shall include the name and address of each officer of such club, the address of the location of the club, an indication of the number of regular dues paying members, and the name and address of the individual to be in actual charge of the sale of alcoholic beverages. The commission is authorized to promulgate rules and regulations further establishing the content and format of such notice.
    2. (2) Any club seeking to obtain a license under this chapter shall submit with its application a certificate signed by the county mayor or chair of the county commission in which the club is located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council or legislative body of the municipality by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality. The certificate must state that the persons to be in actual charge of the sale of alcoholic beverages are of good moral character and are personally known to the official or officials signing the certificate, or that such official or officials have made careful investigation of the person's or persons' general character, and from such investigation it is found to be good. In the event the club is unable to obtain such certificate from the proper certifying official, the applicant shall file with the commission with the applicant's application a petition in duplicate stating that the applicant has made application to the certifying official for the certificate and same has been wrongfully, illegally or arbitrarily refused, and otherwise setting forth reasons why the applicant is entitled to such license, notwithstanding the refusal aforementioned, and the manner in which the refusal is wrongful, illegal or arbitrary. The commission shall hold a hearing to determine whether the license shall be issued. The hearing shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commission shall make such order granting or refusing the license as, in its discretion, the entire record at such hearing shall justify, and such order shall be effective from its date.
    3. (3) This subsection (c) shall not be applicable to any club having a license on May 1, 1980, or to the renewal of a license for such club.
  4. (d) The commission shall have authority to require an applicant, under oath, to disclose the following information:
    1. (1) The name of the applicant;
    2. (2) Location of the hotel, convention center, premier type tourist resort, restaurant, club, historic performing arts center, community theater, theater, historic interpretive center, urban park center, zoological institution, public aquarium, museum, historic mansion house site, terminal building of a commercial air carrier airport, commercial airline travel club, commercial passenger boat company, commercial passenger bus company, or sports authority facility;
    3. (3) Sufficient data to establish that applicant meets the requirements of §§ 57-3-110, 57-4-101, 57-4-102;
    4. (4) The true owner thereof;
    5. (5) That neither the applicant nor any person to be employed in the serving of beverages authorized herein shall be a person who has been convicted of any violation of the laws against possession, sale, manufacture or transportation of intoxicating liquor or of any felony within eight (8) years prior to the application for a license hereunder;
    6. (6) That the manager and/or operator of the hotel, convention center, premier type tourist resort, restaurant, club, zoological institution, public aquarium, museum, community theater, theater, historic interpretive center, historic performing arts center, establishment in a terminal building of a commercial air carrier airport, commercial airline travel club, commercial passenger boat company, commercial passenger bus company, or sports authority facility seeking such permit is of good moral character;
    7. (7) The name and email address of the licensee to whom notification of violations must be given; and
    8. (8) Such other relevant information as may be required by the commission.
  5. (e) The commission is authorized to promulgate rules and regulations governing its procedure but it shall consider all applications promptly.
  6. (f)
    1. (1) Notwithstanding any provision of this title to the contrary, an entity that holds a license to manufacture high alcohol content beer issued by the commission shall be authorized to sell on its premises beer or high alcohol content beer which has been brewed on such premises, for consumption on its premises without the requirement of an additional license under this part. Any sale of high alcohol content beer by such manufacturer or brewery shall be subject to the tax imposed by § 57-4-301(c).
    2. (2) Any manufacturer or brewery electing to effect sales of beer or high alcohol content beer for consumption on its premises must advise the commission as to the designated area where such sales will occur and shall be subject to the conditions of § 57-4-203 for such sales, except such manufacturer or brewery may effect sales for off-premises consumption pursuant to § 57-3-202(h).
  7. (g) Notwithstanding any law or rule to the contrary, upon collection of a fifty-dollar licensing fee, the commission may issue temporary licenses not to exceed thirty (30) days to any new applicant for a license issued pursuant to this chapter.
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History (34)
  • Acts 1967, ch. 211, § 1
  • 1970, ch. 451, § 1
  • 1972, ch. 682, § 3
  • 1972, ch. 756, § 4
  • 1979, ch. 401, § 3
  • T.C.A., § 57-154
  • Acts 1980, ch. 895, § 2
  • impl. am. Acts 1980, ch. 898, § 1
  • Acts 1981, ch. 232, § 1
  • 1981, ch. 447, § 1
  • 1981, ch. 475, §§ 3, 4
  • 1983, ch. 52, §§ 3-5
  • 1983, ch. 300, § 4
  • 1983, ch. 469, §§ 3-5
  • 1984, ch. 975, §§ 3-5
  • 1986, ch. 643, § 1
  • 1986, ch. 899, §§ 4-6
  • 1987, ch. 444, §§ 5-7
  • 1991, ch. 219, § 3
  • 1992, ch. 674, §§ 3-5
  • 1998, ch. 939, §§ 4, 5
  • 2001, ch. 74, § 3
  • 2003, ch. 90, § 2
  • 2010, ch. 1133, § 5
  • 2011, ch. 448, § 14
  • 2012, ch. 947, § 1
  • 2014, ch. 861, § 24
  • 2014, ch. 915, § 2
  • 2015, ch. 391, § 1
  • 2016, ch. 830, § 2
  • 2021, ch. 330, § 4
  • 2022, ch. 1013, § 2
  • 2024, ch. 865, § 5
  • 2024, ch. 926, §§ 4-6.
§ 57-4-202. Revocation or suspension of permits — Pilot project concerning local and municipal beer boards.
  1. (a) The commission shall have authority to revoke or suspend any permit granted herein for the violations of any applicable provision of this chapter, and any person aggrieved by the action of this commission in revoking or suspending a permit, or in refusing to grant a permit, may have such action reviewed as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  2. (b) [Deleted by 2024 amendment.]
  3. (c) [Deleted by 2024 amendment.]
  4. (d) [Deleted by 2024 amendment.]
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History (7)
  • Acts 1967, ch. 211, § 1
  • 1979, ch. 374, §§ 1, 2
  • T.C.A., §§ 57-152, 57-155
  • Acts 2012, ch. 881, § 2
  • 2013, ch. 236, § 68
  • 2020, ch. 711, § 10
  • 2024, ch. 670, § 3.
§ 57-4-203. Prohibited practices — Hours of sale — Authority of commission — Penalties.
  1. (a) Exterior Signs.
    1. (1) No licensee shall place any sign of any description on the exterior of the licensee's hotel, convention center, premier type tourist resort, restaurant, or club which is not in compliance with all duly adopted local ordinances relative to such exterior signs.
    2. (2) A violation of subdivision (a)(1) is a Class C misdemeanor.
  2. (b) Sales to Minors Prohibited.
    1. (1)
      1. (A) Any licensee or other person who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under twenty-one (21) years of age commits a Class A misdemeanor and shall be punished in accordance with § 39-15-404, as well as any other applicable section.
      2. (B) Any licensee engaging in business regulated hereunder or any employee thereof who sells, furnishes, disposes of, gives, or causes to be sold, furnished, disposed of, or given any beer or malt beverage as defined in § 57-6-102 to any person under twenty-one (21) years of age is guilty of a Class A misdemeanor.
      3. (C) The commission may, upon finding that a licensee has violated subdivision (b)(1)(A) or (b)(1)(B) two (2) or more times during any two-year period, and for good cause shown, fine the licensee not more than ten thousand dollars ($10,000) and require retraining of all employees of the licensee under the supervision of the commission in lieu of suspending or revoking the license of the licensee.
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    2. (2) Any person under the age of twenty-one (21) years who:
      1. (A) Purchases, attempts to purchase, receives, or has in such person's possession in any public place, any alcoholic beverage, commits a Class A misdemeanor; or
      2. (B) Knowingly makes a false statement or exhibits false identification to the effect that the licensee is twenty-one (21) years of age or older to any person engaged in the sale of alcoholic beverages for the purpose of purchasing or obtaining the same commits a Class A misdemeanor.
        1. (i) If a person violating this subdivision (b)(2)(B) is less than eighteen (18) years of age, such person shall be punished by a fine of fifty dollars ($50.00) or not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (b)(2)(B)(i) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
        2. (ii) If the person violating this subdivision (b)(2)(B) is eighteen (18) years of age or older but less than twenty-one (21) years of age, such person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (b)(2)(B)(ii) apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
      3. (C)
        1. (i) In addition to any criminal penalty established by this section, a court in which a person younger than twenty-one (21) years of age is convicted of the purchase, attempt to purchase or possession of alcoholic beverages, or the making of a false statement or exhibition of false identification for the purpose of purchasing or obtaining alcoholic beverages in violation of this section, shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction an order of denial of driving privileges for the offender.
        2. (ii) The court and the department of safety shall follow the same procedures and utilize the same sanctions and costs for an offender younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
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    3. (3) This chapter does not prohibit any person eighteen (18) years of age or older from selling, transporting, possessing or dispensing alcoholic beverages in the course of such person's employment.
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  3. (c) Other Prohibited Sales.
    1. (1) It is unlawful for any licensee or other person to sell or furnish any alcoholic beverage to any person who is known to be insane or mentally defective, or to any person who is visibly intoxicated, or to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs.
    2. (2) A violation of subdivision (c)(1) is a Class A misdemeanor.
  4. (d) Hours of Sale.
    1. (1) Except as provided in subdivision (d)(5), hotels, clubs, zoological institutions, public aquariums, museums, motels, convention centers, restaurants, community theaters, theater, historic interpretive centers, sports authority facilities, and urban park centers, licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays, or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock (12:00) noon on Sundays.
    2. (2) Except as provided in subdivision (d)(5), hotels, motels and restaurants, licensed under § 57-4-102(28)(B) may not sell or give away alcoholic beverages, and/or malt beverages and/or wine between the hours of one o'clock a.m. (1:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of one o'clock a.m. (1:00 a.m.) and twelve o'clock (12:00) noon on Sundays.
    3. (3) Except as provided in subdivision (d)(5), establishments in a terminal building of a commercial air carrier airport and commercial airline travel clubs licensed as provided herein to sell alcoholic beverages, and/or malt beverages, and/or wine, may not sell, or give away, alcoholic beverages and/or malt beverages and/or wine between the hours of three o'clock a.m. (3:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of three o'clock a.m. (3:00 a.m.) and twelve o'clock noon (12:00) on Sundays.
    4. (4) Except as provided in subdivision (d)(5), licensees under § 57-4-102(29) may not sell or give away alcoholic beverages and/or malt beverages and/or wine between the hours of five o'clock a.m. (5:00 a.m.) and eight o'clock a.m. (8:00 a.m.) on weekdays or between the hours of five o'clock a.m. (5:00 a.m.) and twelve o'clock (12:00) noon on Sundays. Notwithstanding this subdivision (d)(4), a municipality in which a premise is located under § 57-4-102(29)(D) may, by the adoption of an ordinance by the municipality's governing body, reduce or prescribe the hours and days upon which alcoholic beverages, beer, and wine may be consumed upon such premises; provided, that the ordinance does not expand such hours and days beyond the limitations of this subdivision (d)(4).
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    5. (5) The commission is authorized to extend the hours of sale in the jurisdictions which have approved the sale of liquor by the drink by referendum; provided, however, that such extension of hours as well as § 57-5-301(b)(5) shall apply to Sunday sales of beer within the area of the county outside a municipality which approves liquor by the drink by referendum unless the county legislative body by a two-thirds (⅔) vote sets the hours for Sunday sales of beer in accordance with § 57-5-301(b)(1) to apply within such area. Upon petition by any licensee or group of licensees under this chapter, the commission may, after conducting a rule-making hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, adopt rules expanding the hours during which it is legal to sell or give away alcoholic beverages, malt beverages and wine, pursuant to this chapter. The commission is hereby directed to consider such factors as the hours of sales in contiguous states and the need to compete with jurisdictions elsewhere in the country for convention and tourism business. The governing body of any municipality or metropolitan government which has approved liquor by the drink by referendum may, at any time, opt out of any extension of hours adopted under this section by passage of a resolution. Further, any municipality or metropolitan government that has opted out may, at a later date, opt in by passage of a resolution.
    6. (6) Except as provided in subdivision (d)(5), licensees under § 57-4-102(31)(J) and (K) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of three o'clock a.m. (3:00 a.m.) and four o'clock a.m. (4:00 a.m.).
    7. (7) A restricted retail business licensed under § 57-4-102(33) shall not sell or give away alcoholic beverages, malt beverages, or wine between the hours of ten o'clock p.m. (10:00 p.m.) and eight o'clock a.m. (8:00 a.m.).
  5. (e) Restrictions on Sealed or Unsealed Packages, or Gifts.
    1. (1) No licensee hereunder shall sell any wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises. Notwithstanding the foregoing, a restaurant licensed under this chapter may permit a customer who purchases an unsealed package of wine in conjunction with a food purchase and consumes a portion of the wine on the premises to remove the partially filled package from the premises. In addition, a licensee holding a license issued pursuant to §§ 57-4-102(14) and (35) may sell and distribute alcoholic beverages and wine in unsealed containers to the occupant of a suite located within a sports authority facility or a convention center; provided, that such occupant is at least twenty-one (21) years of age, is authorized by the lessee of the suite to receive such alcoholic beverages and wine, and the alcoholic beverage or wine is not removed from the sports authority facility or convention center.
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    2. (2) A licensee shall not give away any such sealed package or any drink of wine or alcoholic beverage to any patron or customer; provided, that:
      1. (A) A hotel licensed under this chapter may include as part of the accommodations to a registered guest the provision of up to four (4) seven hundred fifty milliliter (750 ml.) or smaller complimentary sealed packages of wine or alcoholic beverages for which all applicable taxes have been paid; and
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      2. (B) A licensee may serve a sample of wine to a patron or customer that does not exceed one ounce (1 oz.).
    3. (3) The tax required by chapter 4, part 3 of this title shall be paid upon the normal sales price of any such packages of wines provided under this subsection (e).
    4. (4) A restaurant or limited service restaurant may sell beer for consumption off premises upon meeting the requirements of § 57-5-101(c)(2).
    5. (5) [Expired effective July 1, 2023. See the Compiler's Notes.]
  6. (f) Method of Sale.
  7. (g) Ownership of Alcoholic Beverages Sold.
    1. (1) It is a Class C misdemeanor for any licensee hereunder to sell or serve on the licensee's premises any wine or other alcoholic beverage unless such beverage is owned outright by the licensee.
    2. (2) It is unlawful for any person, firm or corporation to sell wine or other alcoholic beverage as authorized herein without complying with the applicable provisions of this chapter.
    3. (3) This subsection (g) shall not apply to events held by special occasion licensees who receive donated alcoholic beverages or beer.
  8. (h) Restrictions on Employment. No entity holding a license issued pursuant to § 57-4-101 shall employ any person in the serving of beer, wine or other alcoholic beverages who does not possess a server permit from the commission. It is made the duty of the licensee to see that each person dispensing or serving alcoholic beverages, wine or beer in the licensee's establishment possesses such a permit, which permit must be on the person of such employee or on the premises of the licensed establishment and subject to inspection by the commission or its duly authorized agent when the employee is engaged in the performance of that employee's duties for the licensee.
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  9. (i) Premises Must Be Licensed — Exception for Conventions, Social Gatherings and Catered Events.
    1. (1)
      1. (A) Except with respect to a caterer licensed under this chapter, it is unlawful for any person, firm, corporation, partnership, or association to allow the dispensing of alcoholic beverages except sacramental wines and beer, in any establishment unless such establishment is licensed under this title.
      2. (B) A violation of subdivision (i)(1)(A) is a Class B misdemeanor.
    2. (2) Bona fide conventions or meetings, however, may bring their own alcoholic beverages onto the licensed premises if the same beverages are served to delegates or guests without cost. All other provisions of this chapter shall be applicable to such premises. This section has no application to social gatherings in a private home or a private place which is not of a commercial nature or where goods or services may be purchased or sold or any charge or rent or other thing of value is exchanged for the use thereof, excepting it be for sleeping quarters. Nothing herein shall preclude the serving of alcoholic beverages to guests without cost in rooms or suites or banquet rooms of a hotel or club licensed pursuant to this chapter.
    3. (3) A restaurant, hotel, or caterer holding a valid catering license may sell or distribute wine, beer, and other alcoholic beverages at social or commercial events, catered by the restaurant, hotel, or caterer where the restaurant, hotel, or caterer is providing food service at such event; provided, that the restaurant, hotel, or caterer shall notify the commission as to the time, location and duration of the catered event before the commencement of the event. Nothing in this subdivision (i)(3) or chapter shall be interpreted to require a person who holds a valid caterer license under this chapter to also be licensed as a restaurant or hotel.
  10. (j) Penalties Invoked.
    1. (1) Any person, firm or corporation who violates any provision of parts 1 and 2 of this chapter is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000); and, in the discretion of the court, imprisoned not less than thirty (30) days, nor more than six (6) months, and each violation constitutes a separate offense.
    2. (2) Any person, firm or corporation who shall sell wine or other alcoholic beverages for consumption on its premises except as authorized by parts 1 and 2 of this chapter is guilty of a misdemeanor and punishable as provided in this section.
    3. (3) Upon conviction of a second offense under this chapter, the permit of any licensee so convicted shall be automatically and permanently revoked.
    4. (4) Upon the second conviction of any person, firm, or corporation for violation of subdivision (b)(1), such person, firm, or corporation is guilty of a Class E felony. In addition, upon the second such conviction, the permit of such licensee shall be automatically and permanently revoked regardless of any other punishment actually imposed.
  11. (k) Purchases by Special Occasion Licensees.
    1. (1) No charitable, nonprofit or political organization possessing a special occasion license shall purchase for sale or distribution under such license any alcoholic beverages from any source other than a licensee under § 57-3-204. This subsection (k) shall not apply to homemade wine made in the Swiss tradition by a member or members of a special occasion permit holder issued a license pursuant to § 57-4-102(34)(D). The member may supply the wine notwithstanding the limitations of § 57-3-207(e).
    2. (2) A charitable, nonprofit, or political organization, or any representative thereof, may accept donations of alcoholic beverages and beer from any licensee holding a license issued pursuant to § 57-3-202, § 57-3-203, § 57-3-204, § 57-3-207, § 57-3-605 or § 57-4-101; provided, that the charitable, nonprofit, or political organization serves or sells such alcoholic beverages and beer at an event conducted by the charitable, nonprofit, or political organization as a special occasion licensee.
  12. (l) Commercial Airline Travel Clubs. A commercial airline travel club licensed under this chapter may provide complimentary drinks of wine and alcoholic beverages to its patrons, customers, and guests. Such commercial airline travel club must have a separate area, other than the gate and ticket areas, designated as a club area for use by its members. The tax required by part 3 of this chapter shall be paid upon the normal sales price of all such complimentary drinks of wine and alcoholic beverages provided under this subsection (l).
  13. (m) Discounts. Nothing in this chapter shall prohibit a licensee from offering a discount in such manner as the licensee deems appropriate as long as the discount being offered is not below the cost paid by the licensee to purchase the alcoholic beverages from the retailer.
  14. (n) Restrictions on Certain Limited Service Restaurant Licensees. Any establishment holding a license pursuant to § 57-4-301(b)(1)(W)(iv) shall not permit alcoholic beverages to be sold on sidewalks, streets, or alleys.
  15. (o) Extension of Credit by Wholesalers to Retailers.
    1. (1) No wholesaler licensed under § 57-3-203 shall be permitted to extend credit of any retailer licensed under § 57-4-101 unless pursuant to this subsection (o). All amounts due to any wholesaler from all sales to such retailers shall be due upon delivery of the product.
    2. (2) Notwithstanding the limitations of subdivision (o)(1), wholesalers licensed under § 57-3-203 may extend credit to a retailer licensed under § 57-4-101 for a period not to exceed ten (10) days from the date of the delivery of the product; provided, the payment is effected by electronic funds transfer or escrow prepayment.
    3. (3) It shall create a rebuttable presumption that a retailer licensed under § 57-4-101 is not financially responsible under § 57-3-104(c)(10) if the retailer fails to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period. Upon being advised by any wholesaler licensed under § 57-3-203 twice within a twelve-month period that a retailer has failed to comply with the applicable credit terms, the commission shall set a hearing as soon as practicable at its next available meeting to determine whether the retailer can rebut the presumption created by this subdivision (o)(3). Upon a finding that the retailer is not financially responsible under § 57-3-104(c)(10), the commission may issue a fine, suspend or revoke the license, or make any other order it deems appropriate.
    4. (4) Notwithstanding any law to the contrary, the commission is authorized to issue a citation in an amount not to exceed five hundred dollars ($500) per violation against any retailer licensed under § 57-4-101 if, upon investigation, the commission finds that the retailer has failed to satisfy its obligations to any wholesaler in accordance with each wholesaler's credit terms twice within a twelve-month period.
Backlinks (6)
History (63)
  • Acts 1967, ch. 211, § 1
  • 1969, ch. 336, § 1
  • 1970, ch. 451, § 2
  • 1971, ch. 224, § 1
  • 1972, ch. 612, § 9
  • 1972, ch. 682, § 4
  • 1972, ch. 756, § 5
  • 1973, ch. 397
  • 1975, ch. 277, § 1
  • 1975, ch. 340, § 1
  • 1979, ch. 256, § 1
  • 1979, ch. 377, § 1
  • 1979, ch. 401, § 4
  • 1979, ch. 413, §§ 3, 4
  • T.C.A., § 57-156
  • Acts 1980, ch. 771, § 3
  • 1981, ch. 153, § 1
  • 1981, ch. 404, § 3
  • 1982, ch. 877, §§ 2, 3
  • 1983, ch. 454, §§ 2, 3
  • 1983, ch. 469, §§ 6, 7
  • 1984, ch. 569, § 1
  • 1984, ch. 975, §§ 6, 7
  • 1984, ch. 1006, § 3
  • 1986, ch. 697, § 1
  • 1986, ch. 788, § 1
  • 1986, ch. 899, §§ 7, 8
  • 1987, ch. 96, § 1
  • 1987, ch. 444, §§ 1, 8, 9
  • 1988, ch. 944, § 1
  • 1989, ch. 427, § 1
  • 1989, ch. 591, §§ 63, 111, 112, 113
  • 1991, ch. 407, §§ 1, 2
  • 1991, ch. 473, §§ 2, 3
  • 1992, ch. 674, §§ 6, 7
  • 1994, ch. 550, § 1
  • 1995, ch. 93, § 1
  • 1995, ch. 214, § 2
  • 1995, ch. 396, § 6
  • 1998, ch. 795, §§ 2, 3
  • 1998, ch. 939, § 6
  • 2000, ch. 819, §§ 1, 2
  • 2001, ch. 74, § 4
  • 2001, ch. 161, § 1
  • 2001, ch. 310, § 1
  • 2002, ch. 832, § 2
  • 2006, ch. 900, § 3
  • 2007, ch. 203, § 2
  • 2010, ch. 1009, § 6
  • 2011, ch. 231, § 1
  • 2012, ch. 947, § 5
  • 2012, ch. 968, §§ 7, 8
  • 2013, ch. 386, § 2
  • 2014, ch. 915, § 3
  • 2014, ch. 1001, § 6
  • 2014, ch. 1015, § 10
  • 2015, ch. 369, § 1
  • 2017, ch. 147, §§ 3-6
  • 2017, ch. 371, § 2
  • 2018, ch. 755, § 2
  • 2021, ch. 187, § 2
  • 2021, ch. 451, §§ 2, 3
  • 2024, ch. 865, § 3.
§ 57-4-204. Prohibited sexual or pornographic conduct — Enforcement.
  1. (a) In addition to the other duties imposed under this title, the commission is authorized to enforce subsections (b), (c), and (d); and upon violation of subsections (b), (c), and (d) by any person, firm or corporation licensed under this chapter, the commission shall revoke the privilege license of such violator.
  2. (b) The following acts or conduct on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted:
    1. (1) To employ, use or allow any person in the sale or service of alcoholic beverages or malt beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
    2. (2) To employ, use or allow the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subdivision (b)(1);
    3. (3) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person;
    4. (4) To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
  3. (c)
    1. (1) Conduct or acts on licensed premises in violation of this subsection (c) are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted.
    2. (2) Live entertainment is permitted on any licensed premises, except that:
      1. (A) No licensee shall permit any person to perform acts of or acts which simulate:
        1. (i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
        2. (ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals; or
        3. (iii) The displaying of the pubic hair, anus, vulva or genitals;
      2. (B) Subject to subdivision (c)(2)(A), any entertainer who is employed in whole or in part by the licensee to dance at such licensee's premises shall perform only upon a stage at least eighteen inches (18″) above the immediate floor level and removed at least six feet (6′) from the nearest patron.
    3. (3) No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.
    4. (4) No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of the person's genitals or anus.
  4. (d) The following conduct or acts on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts are permitted. The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:
    1. (1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
    2. (2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals;
    3. (3) Scenes wherein a person displays the vulva or the anus or the genitals; or
    4. (4) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
  5. (e) Each county, city, or metropolitan government is empowered upon approval by a two-thirds (⅔) vote of its legislative body to authorize its law enforcement officers to conduct investigations into alleged violations of subsections (a)-(d), and such law enforcement officers shall report such violations to the commission for appropriate action by such commission.
  6. (f) The commission shall be immune from liability resulting from conduct or acts of any law enforcement officers authorized to investigate violations of subsections (a)-(d) as provided in subsection (e).
Backlinks (1)
History (1)
  • Acts 1980, ch. 904, §§ 1-3.
§ 57-4-205. Alcohol vaporizing devices.
  1. (a) As used in this section, “alcohol vaporizing device” means any device, machine or process that, by means of heat, a vibrating element or any other method, mixes spirits, liquor or other alcoholic product with pure oxygen or other gas to produce a vaporized product that is dispensed for inhalation into the lungs through the nose or mouth.
  2. (b) No licensee shall sell, deliver, or give away, or permit to be sold, delivered, or given away, any alcoholic beverage for dispensation by means of an alcohol vaporizing device.
  3. (c) No licensee shall bring, keep, maintain or use, or permit another to bring, keep, maintain or use, an alcohol vaporizing device on the licensed premises, or on any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible.
  4. (d)
    1. (1) A first violation of this section is a Class A misdemeanor and is grounds for suspension of the licensee's license, for a period not to exceed sixty (60) days.
    2. (2) A second violation of this section is a Class A misdemeanor and shall result in the suspension of the licensee's license, for a period of not less than thirty (30) days nor more than ninety (90) days.
    3. (3) A third or subsequent violation of this section is a Class E felony and shall result in suspension of the licensee's license, for a period of one (1) year.
History (1)
  • Acts 2005, ch. 402, § 1.
Part 3 Taxes and Fees
§ 57-4-301. Privilege taxes — Tax on retail sales — Carrier license fees — Mixing bar tax.
  1. (a) It is hereby declared the legislative intent that every person is exercising a taxable privilege who engages in the business of selling at retail in this state alcoholic beverages for consumption on the premises.
  2. (b)
    1. (1) Each applicant for an on-premises consumption license 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. Further, once a license is approved, for the exercise of such privilege, the following taxes are levied 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, and are to be paid annually, as follows:
      Backlinks (1)
    2. (2) Each county or municipality within which such privilege is exercised is authorized to levy and collect the privilege tax separately. However, such privilege tax collected by the county or municipality will remain at the 2003 level and any monetary increase of the privilege tax in fiscal years beginning July 1, 2004, and thereafter, as provided in this subsection (b) will be solely used for the purpose of the administration and enforcement of the duties, powers, and functions of the Tennessee alcoholic beverage commission; provided, however, that in any county where metropolitan government prevails, the urban service district shall constitute the municipality and the general service district shall constitute the county insofar as this chapter is concerned.
    3. (3) Notwithstanding subdivision (b)(1)(E) to the contrary, “urban park centers” under § 57-4-102(40)(G)-(K) and (S) shall pay an annual privilege tax of four thousand dollars ($4,000) to be earmarked for and allocated to the commission for the purpose of administration and enforcement of the duties, powers, and functions of the commission.
  3. (c)
    1. (1) In addition to the privilege taxes levied in subdivision (b)(1), there is further levied a tax equal to the rate of fifteen percent (15%) of the sales price of all alcoholic beverages sold for consumption on the premises, the tax to be computed on the gross sales of alcoholic beverages for consumption on the premises for the purpose of remitting the tax due the state, and to include each and every retail thereof.
    2. (2) A person required by subdivision (c)(1) to collect and pay the tax on the sale of alcoholic beverages on the premises may include the tax in the menu price of the alcoholic beverage or may include the tax on the final bill to the customer. A person that does not include the tax in the menu price of the alcoholic beverage product must advise customers on its menu that a fifteen percent (15%) tax on the sale of alcoholic beverages will be added to the final bill.
    Backlinks (18)
  4. (d) Commercial airlines, paddlewheel steamboat companies and passenger trains shall, in lieu of taxes levied under subsections (b) and (c), pay annually to the state, for state purposes, a license fee of twelve hundred fifty dollars ($1,250). Commercial airlines, paddlewheel steamboat companies and passenger trains which have paid the annual license fee under this section may bring into and store in this state alcoholic beverages on which the Tennessee alcoholic beverage taxes levied under § 57-3-302, have not been paid, but must comply with subdivisions (d)(1) and (2):
    1. (1) Commercial airlines, paddlewheel steamboat companies and passenger trains that bring into, or possess in this state alcoholic beverages on which taxes levied by this state have not been paid are liable for such taxes on the alcoholic beverages;
    2. (2) The liability of commercial airlines, paddlewheel steamboat companies and passenger trains for taxes levied under § 57-3-302, is determined by multiplying the:
      1. (A) Quantity of each type of alcoholic beverage purchased within the operating system of each commercial airline, paddlewheel steamboat company or passenger train by the ratio of its revenue passenger miles in Tennessee to the total revenue passenger miles within its system; and
      2. (B) Respective results obtained under subdivision (d)(2)(A), by the applicable tax rate for each type under § 57-3-302, and the rules and regulations promulgated pursuant thereto;
    3. (3) Monthly reports of the liability, determined under subdivision (d)(2), shall be submitted to the department of revenue on forms designated by the commissioner, on or before the last day of each month following the month during which any tax liability arises under this subsection (d). A commercial airline, paddlewheel steamboat company or passenger train that fails to file the report required, or to pay the tax payable under this section in a timely manner as defined by rules and regulations promulgated by the department, is liable for interest and penalties as provided by law; and
    4. (4) This subsection (d) does not apply to commercial airline travel clubs.
  5. (e) No tax authorized or imposed by this section shall be levied or assessed from any charitable, nonprofit, or political organization selling alcoholic beverages at retail pursuant to a special occasion license.
  6. (f) A restaurant, hotel, or caterer licensed under this chapter may obtain a catering license upon the payment of an additional privilege tax in accordance with subdivision (b)(1)(S), for state purposes, to be paid annually.
  7. (g) A special historic district authorized to serve wine under § 57-4-101 shall pay an annual privilege tax of one hundred dollars ($100) for the privilege of serving wine within such district.
Backlinks (4)
History (35)
  • Acts 1967, ch. 211, § 3
  • 1972, ch. 682, § 5
  • 1972, ch. 756, § 6
  • 1979, ch. 284, § 1
  • 1979, ch. 401, § 5
  • T.C.A., § 57-157
  • Acts 1980, ch. 898, § 3
  • 1981, ch. 404, § 5
  • 1981, ch. 475, § 5
  • 1983, ch. 52, § 6
  • 1983, ch. 300, § 5
  • 1983, ch. 469, § 8
  • 1984, ch. 975, § 8
  • 1986, ch. 899, § 9
  • 1987, ch. 444, §§ 10, 11
  • 1991, ch. 219, § 2
  • 1992, ch. 674, § 8
  • 1998, ch. 795, § 4
  • 2001, ch. 64, § 3
  • 2001, ch. 74, § 5
  • 2001, ch. 84, § 3
  • 2004, ch. 544, § 3
  • 2004, ch. 876, §§ 7-10
  • 2005, ch. 253, § 3
  • 2009, ch. 168, § 1
  • 2010, ch. 647, § 3
  • 2010, ch. 1133, § 4
  • 2012, ch. 790, §§ 3, 4
  • 2013, ch. 371, § 2
  • 2014, ch. 915, § 1
  • 2017, ch. 338, § 4
  • 2021, ch. 330, § 3
  • 2024, ch. 865, § 4
  • 2024, ch. 926, § 3
  • 2024, ch. 1024, § 12.
§ 57-4-302. Collection of taxes.
  1. The commissioner of revenue is charged with the responsibility of collecting all taxes set out herein due to the state, and in addition to the requirements set out herein, is authorized to promulgate such rules and regulations as will further implement the full collection of all taxes herein imposed:
    1. (1) Tax Collected from Consumers. The tax hereby imposed shall be collected by the retailer from the consumer insofar as it can be done;
    2. (2) Tax to Be Separately Displayed from List Price. The commissioner may by regulation provide that the amount collected by the retailer from the consumer in reimbursement of the tax be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sale check, or other proof of sale;
    3. (3)
      1. (A) Bond of Licensee.
        1. (i) Every licensee permitted to do business in this state shall, as a condition precedent to the granting of a license, in addition to all other requirements set out herein, post with the commissioner an indemnity bond with good and solvent corporate surety, approved by the commissioner, in an amount equal to four (4) times the average monthly tax liability as determined by the commissioner or in the amount of one thousand dollars ($1,000), whichever is greater, conditioned upon the proper payment of all taxes for which the sale licensee may become liable. If a restaurant is licensed by the commission under § 57-4-101(i), the bond amount imposed shall be one-fifth (⅕) the amount specified in this subdivision (3)(A). The forfeiture or cancellation of the bond, for any reason whatsoever, shall automatically revoke the license granted herein. The bond provided for herein shall run for such time as may be determined by the commissioner;
        2. (ii) In addition to the requirements under subdivision (3)(A)(i), each holder of a license authorizing the consumption of alcoholic beverages on the premises issued under this chapter shall post with the department of revenue a bond of not less than ten thousand dollars ($10,000) for purposes of ensuring proper payment of taxes in accordance with rules promulgated under this subdivision (3)(A)(ii). Such bond may be in the form of a corporate surety bond, a cash deposit, a bond secured by a certificate of deposit, or other form as authorized by the department by rule. The department shall promulgate rules for purposes of carrying out this subdivision (3)(A)(ii) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
      2. (B) Certificate of Deposit. In lieu of a corporate surety on the bond required by subdivision (3)(A), the commissioner may allow the licensee to secure such bond by depositing collateral in the form of a certificate of deposit, as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner. Interest on any deposited certificate of deposit shall be payable to the licensee who has deposited it as collateral, or to such person as the licensee or the certificate may direct;
    4. (4) Time of Payment. The tax levied hereunder in § 57-4-301(c) shall be due and payable monthly, on the first day of each month, and for the purpose of ascertaining the amount of tax payable under this chapter, it is the duty of all licensees on or before the fifteenth day of each month to transmit to the commissioner, upon forms prescribed, prepared and furnished by the commissioner, returns showing the gross sales, as the case may be, arising from all sales taxable under this chapter during the preceding calendar month;
    5. (5) Tax Transmitted with Return. At the time of transmitting the return required hereunder to the commissioner, the licensee shall remit to the commissioner therewith the amount of tax due under the applicable provisions of this chapter, and failure to so remit such tax shall cause the tax to become delinquent; and
    6. (6) Form of Payment. All taxes, interest and penalties imposed under § 57-4-301(c) shall be paid to the commissioner at Nashville in the form of remittance required by the commissioner.
History (7)
  • Acts 1967, ch. 211, § 3
  • 1973, ch. 68, § 1
  • 1976, ch. 441, § 1
  • T.C.A., § 57-158
  • Acts 1989, ch. 558, § 1
  • 1992, ch. 982, § 2
  • 2024, ch. 1069, § 1.
§ 57-4-303. Settlement of tax on quitting business.
  1. If any licensee liable for any tax, interest or penalty levied hereunder shall sell the business or stock of goods, or shall quit the business, the licensee shall make a final return and payment within fifteen (15) days after the date of selling or quitting the business. The successor, successors or assigns, if any, shall withhold sufficient of the purchase money to cover the amount of such taxes, interest and penalties due and unpaid until such former owner shall produce a receipt from the commissioner showing that they have been paid, or a certificate stating that no taxes, interest or penalties are due. If the purchaser of a business or stock of goods shall fail to withhold the purchase money, the purchaser shall be personally liable for the payment of the taxes, interest, and penalties accruing and unpaid on account of the operation of the business by any former owner, owners, or assigns.
History (2)
  • Acts 1967, ch. 211, § 3
  • T.C.A., § 57-159.
§ 57-4-304. Grace period — Delinquencies and other violations — Penalties.
  1. (a) The commissioner for good cause may extend for not to exceed thirty (30) days the time for making any returns required under this chapter.
  2. (b)
    1. (1) When any licensee shall fail to make any return and pay the full amount of the tax as required by this chapter for as many as three (3) times during any one (1) year licensing period, the commission, upon recommendation of the commissioner, may revoke or suspend the license held by such licensee in the same manner and under the same conditions as provided by § 57-4-202.
    2. (2)
      1. (A) It is a Class B misdemeanor and punishable as such for any person to engage or continue to engage in business after revocation of the person's license or during any period of suspension of the license as provided hereinabove; and each day business is done in violation hereof shall constitute a separate offense.
      2. (B) In addition, the commissioner or the commissioner's delegate or the commission may file and maintain injunctive proceedings, acting either through the attorney general or the attorney general's delegate or through the legal assistant to the commissioner or the legal assistant to the commissioner's delegate, against any person for the purpose of enjoining the person from doing business as such a licensee during any period of suspension or after revocation of the license. Upon a finding that such person is doing business in violation of the order of revocation or suspension, an injunction shall be issued thereupon. If any person shall refuse to obey or otherwise violate any injunction so issued, or shall break into or enter, or occupy or use, any building or place of business while closed under any injunction so issued, whether preliminary or final, the person is guilty of contempt of court and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment of not less than thirty (30) days nor more than one (1) year, or by both fine and imprisonment in the discretion of the court.
History (9)
  • Acts 1967, ch. 211, § 3
  • 1970, ch. 398, § 5
  • 1973, ch. 68, § 2
  • T.C.A., § 57-160
  • Acts 1980, ch. 885, § 5
  • 1985, ch. 76, § 1
  • 1985, ch. 396, § 6
  • 1988, ch. 526, § 14
  • 1989, ch. 591, § 112.
§ 57-4-305. Notice of licensee's tax delinquency — Response.
  1. (a) In the event any licensee is delinquent in the payment of the tax herein provided for, the commissioner may give notice of the amount of such delinquency by registered mail to all persons, including the commission, having in their possession or under their control any credits or other personal property belonging to such dealer, or owing any debts to such dealer at the time of receipt by them of such notice, and thereafter any person so notified shall neither transfer nor make any other disposition of such credits, other personal property, or debts, until the commissioner shall have consented to a transfer or disposition, or until thirty (30) days shall have elapsed from and after the receipt of such notice. Any notice given to the commission pursuant to this section shall be on paper measuring eight and one-half inches by eleven inches (8½″ 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.
  2. (b) All persons so notified must, within five (5) days after receipt of such notice, advise the commission of any and all such credits, other personal property, or debts, in their possession, under their control or owing by them, as the case may be.
History (3)
  • Acts 1967, ch. 211, § 3
  • T.C.A., § 57-161
  • 1999, ch. 403, § 5.
§ 57-4-306. Distribution of collections.
  1. (a) All gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows:
    1. (1) Fifty percent (50%) to the general fund to be earmarked for education purposes; and
    2. (2) The other fifty percent (50%) to be distributed to local political subdivisions as follows:
      1. (A) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and
      2. (B) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
      Backlinks (8)
  2. (b) The proceeds received by a local political subdivision pursuant to subdivision (a)(2) must be distributed by the local political subdivision in the following manner:
    1. (1) One-half (½) of the proceeds must be distributed as follows:
      1. (A) If the county school system is the only LEA in the county, then to the county trustee for the county school system from the collection of taxes in the county or any city exercising the privilege authorized under § 57-4-301(c);
      2. (B) If a city exercises the privilege authorized under § 57-4-301(c) and operates a kindergarten through grade twelve (K-12) school system, then to the city recorder, who shall retain the collections for the city school system;
      3. (C) If a city exercises the privilege authorized under § 57-4-301(c) and operates a city school system that is not a kindergarten through grade twelve (K-12) school system, then to the city recorder:
        1. (i) In the amount the percentage that the prior year's average daily attendance (ADA) of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or the county school system with the remaining amount distributed to the county trustee for the county school system, if the city lies entirely in a single county; or
        2. (ii) In the amount the percentage that the prior year's ADA of the students in the city school system is to the prior year's ADA of public school students residing in the city who attend either the city school system or a county school system with the remaining amount divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems, if the city lies within two (2) or more counties;
      4. (D) Notwithstanding § 49-3-315, if a city exercises the privilege authorized under § 57-4-301(c), but does not operate a city school system, then to the county trustee for the county school system;
      5. (E) If a special school district lies, in whole or in part, within a city that exercises the privilege authorized under § 57-4-301(c), then to the appropriate official acting for the special school district in the amount the percentage the ADA of public school students residing in the city and attending the special school district is to the total ADA of city public school students who attend either the special school district or the county school system with any remaining amount distributed to the county trustee for the county school system;
      6. (F) Notwithstanding § 49-3-315, if a county exercises the privilege authorized under § 57-4-301(c) and one (1) or more city school systems operate within the county, then to the county trustee for the county school system any tax revenues collected outside the boundaries of cities exercising the privilege authorized under § 57-4-301(c) that have city school systems; or
      7. (G) If a city that lies in two (2) or more counties exercises the privilege authorized under § 57-4-301(c) but does not operate a city school system, then tax revenues collected in the city must be divided between the counties based on where the tax was collected and distributed to the county trustees for the county school systems;
    2. (2) The other one-half (½) of the proceeds must be distributed as follows:
      1. (A) Collections of gross receipts collected in unincorporated areas, to the county general fund; and
      2. (B) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected; and
    3. (3) As used in subdivision (b)(1), “average daily attendance” or “ADA” means:
      1. (A) If the school system was in operation during the prior school year, the aggregate days' attendance of the school system during the prior school year divided by the number of days school was in session during the prior school year; or
      2. (B) If the school system was not in operation during the prior school year, then the estimated expected attendance of the school system for the current school year as reported to the department of education.
  3. (c) Notwithstanding subdivision (a)(2), the fifty percent (50%) of the gross receipt taxes allocated to local political subdivisions by subdivision (a)(2) and collected in a municipality which is a premier tourist resort shall be distributed to and expended by such municipality for schools in such municipality.
  4. (d) By August 1, 2014, every city or county that exercises the privilege authorized under § 57-4-301(c) shall provide written notice to each school system operating within its jurisdiction. This notice shall contain a statement that the local political subdivision exercises the privilege authorized under § 57-4-301(c), a statement that students within the jurisdiction attend a school or schools operated by the school system, a statement that the school system is authorized to receive a portion of the revenues collected, and a reference to this part. A city or county that, subsequent to July 1, 2014, elects to exercise the privilege authorized under § 57-4-301(c), shall comply with the notice provisions of this subsection (d) within thirty (30) days of the effective date of the referendum.
  5. (e) If the local political subdivision fails to remit the proceeds to the appropriate school fund, system, or systems as required under subsection (b) within sixty (60) days of receipt from the commissioner, then the aggrieved local school board shall notify the comptroller of the treasury who shall deliver by certified mail a written notice of such failure to the local political subdivision within five (5) business days of notice of the failure.
  6. (f) In the event the local political subdivision fails to remit the proceeds within thirty (30) days of the receipt of such notice, the comptroller of the treasury shall direct the commissioner to withhold future distributions of proceeds to the local political subdivision authorized under subsection (b) until a final determination is made pursuant to subsection (g).
  7. (g) Upon the commissioner withholding distributions of proceeds as authorized under subsection (f), an aggrieved local school board shall have the authority to pursue equitable relief against the local political subdivision in the chancery court; provided, however, that in the event that the state is a party or becomes a party to the suit, then such suit shall be filed or transferred to the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the local political subdivision, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, then the local political subdivision shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment.
  8. (h)
    1. (1) Subsections (a)-(i) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of:
      3. 98,90099,000
      4. 336,400336,500
    2. In such counties, all gross receipt taxes collected under § 57-4-301(c) shall be distributed by the commissioner of revenue as follows:
      1. (A) Fifty percent (50%) to the general fund to be earmarked for education purposes; and
      2. (B) The other fifty percent (50%) to be distributed to local political subdivisions as follows:
        1. (i) Collections for privileges exercised in an incorporated municipality shall be distributed by the commissioner to the city recorder; and
        2. (ii) Collections for privileges exercised in an unincorporated area of the county shall be distributed by the commissioner to the county trustee.
    3. (2) The proceeds received in each local political subdivision pursuant to subdivision (h)(1)(B) shall be distributed by the local political subdivision in the following manner:
      1. (A) One-half (½) of the proceeds shall be expended and distributed in the same manner as the county property tax for schools is expended and distributed; any proceeds expended and distributed to municipalities which do not operate their own school systems separate from the county are required to remit one-half (½) of their proceeds of the gross receipts liquor-by-the-drink tax to the county school fund; and
      2. (B) The other one-half (½) of the proceeds shall be distributed as follows:
        1. (i) Collections of gross receipts collected in unincorporated areas, to the county general fund; and
        2. (ii) Collections of gross receipts in incorporated cities and towns, to the city or town wherein such tax is collected.
  9. (i) [Expired effective July 1, 2023. See the Compiler's Notes.]
Backlinks (2)
History (15)
  • Acts 1967, ch. 211, § 3
  • T.C.A., § 57-162
  • Acts 1982, ch. 942, §§ 1, 2
  • 1983, ch. 356, § 1
  • 2003, ch. 355, § 19
  • 2005, ch. 500, § 2
  • 2006, ch. 989, §§  7, 17
  • 2014, ch. 901, § 1
  • 2015, ch. 220, §§ 1, 2
  • 2016, ch. 885, §§ 1, 2
  • 2017, ch. 346, §§ 1, 2
  • 2018, ch. 687, §§ 1, 2
  • 2018, ch. 959, § 2
  • 2019, ch. 194, §§ 1, 2
  • 2020, ch. 696, §§ 1-4.
§ 57-4-307. Damaged or unaccepted goods — Liability for tax.
  1. 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 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.
History (2)
  • Acts 1971, ch. 150, § 1
  • T.C.A., § 57-169.
§ 57-4-308. Violation a misdemeanor.
  1. Any violation of this chapter is a misdemeanor and punishable as such.
History (2)
  • Acts 1967, ch. 211, § 3
  • T.C.A., § 57-163.
Chapter 5 Beer
Part 1 General Provisions
§ 57-5-101. Traffic in alcoholic beverages of less than eight percent (8%) permitted — Brewers' and wholesalers' interests restricted.
  1. (a)
    1. (1) It is lawful in this state to transport, store, sell, distribute, possess, receive, or manufacture beer, as defined in subsection (b), subject to the privilege taxes and regulations set out and provided for in this part.
    2. (2) Except as otherwise provided for in this part, no brewer or manufacturer of beer shall have any financial or ownership interest, direct or indirect, in the business of or a building containing a wholesale or retail licensee, including to furnish or loan any fixtures of any kind to a retail licensee, and no such brewer or manufacturer shall hold a wholesale or retail license. For purposes of this section, an indirect interest includes any interest acquired by affiliates, subsidiaries, corporate officials, partners, or employees of the brewer or manufacturer.
    3. (3) Except as otherwise provided for in this part, no wholesaler shall hold any financial or ownership interest, direct or indirect, in the business of or a building containing a brewer, manufacturer, or retail licensee, including to furnish or loan any fixtures of any kind to a retail licensee, and no such wholesaler shall hold a manufacturer or retail license.
  2. (b) For purposes of this title, “beer” means products made from the normal alcoholic fermentation of malt or other cereal grains, sugar, or fruit ingredients used to make cider, and having an alcoholic content of not more than eight percent (8%) alcohol by weight and that do not contain distilled spirits or wine as defined in § 57-3-101; provided, that at least fifty-one percent (51%) of the overall alcoholic content by weight in the finished product is obtained by the fermentation of malt, other cereal grains, sugar, or fruit ingredients used to make cider, and no more than forty-nine percent (49%) of the overall alcoholic content by weight in the finished product is obtained by the addition of flavorings or other non-beverage ingredients containing alcohol.
    Backlinks (18)
  3. (c)
    1. Upon meeting necessary federal, state and local license requirements, notwithstanding the prohibition of subsection (a), a manufacturer:
      1. (1) May operate as a retailer at the manufacturer's location or a site contiguous thereto for sales of not more than twenty-five thousand (25,000) barrels of beer or high alcohol content beer or both annually for consumption on or off the premises under this chapter as long as the requirements of this chapter concerning the licensing of such retail establishments are met; and
      2. (2) May qualify for and hold a license:
        1. (A) Under chapter 4 of this title as a “restaurant” or “limited service restaurant”; provided, that notwithstanding chapter 4 of this title related to restrictions or prohibitions on licensees under chapter 4, a restaurant or limited service restaurant may sell for off-premises consumption beer manufactured pursuant to this section at such location or at any other restaurant or limited service restaurant licensed under chapter 4 that is owned by the same person; or
        2. (B) As a hotel as defined under § 57-4-102(22)(F)(iii); provided, that the hotel licensee shall only sell beer manufactured pursuant to this section on the premises of the hotel.
        Backlinks (2)
  4. (d) Notwithstanding the prohibitions and restrictions on a manufacturer's financial and ownership interests imposed in subsection (a), a manufacturer may have a financial or ownership interest in a licensed wholesaler's business; provided, however, that the financial or ownership interest in the licensed wholesaler's business is maintained or held only for a one-time period not to exceed five (5) years, which may not be directly or indirectly extended or renewed, and only under the following circumstances and conditions:
    1. (1) When a licensed wholesaler is voluntarily selling its distribution rights, and the manufacturer whose brand distribution rights are being sold seeks to assist the sale by taking a noncontrolling financial interest in the purchasing wholesaler in the form of a loan made contemporaneous with the sale and secured by the inventory and assets, except for the corporate stock, of the purchasing wholesaler; or
    2. (2) When, only for reasons permitted under § 57-5-505, § 57-5-506, or § 57-5-507, a distribution agreement between a manufacturer and a wholesaler is not renewed or is otherwise terminated, cancelled, or discontinued, in which event a manufacturer is authorized to appoint a temporary licensed wholesaler to service the manufacturer's brands in the designated sales territory and to take a financial or ownership interest in the temporary licensed wholesaler in connection with the appointment.
  5. (e)
    1. (1) Notwithstanding this section to the contrary, a wholesaler that has continuously held a valid wholesale distribution permit, issued pursuant to this section for a period of at least six (6) months prior to March 27, 2015, and has held a direct or indirect interest in a brewer or manufacturer, continuously during that period of time, and holds a trademark or marketing rights to a brand or brands of beer, may continue to hold the interest, and may expand the interest to effect the brewing, bottling, and sales of beer in which the wholesaler holds the trademark or marketing rights.
    2. (2) It is the intent of the general assembly that this subsection (e) be prospective only and not be applicable to compel the divestiture of trademark or marketing rights or a direct or indirect interest held by a wholesaler for the six-month period prior to March 27, 2015.
  6. (f) For purposes of this section, “manufacturer” means:
    1. (1) A holder of a license to manufacture or import beer;
    2. (2) An officer, director, agent, or employee of such a license holder; or
    3. (3) An affiliate of such a license holder, regardless of whether the affiliation is corporate or by management, direction, or control.
  7. (g)
    1. (1) Notwithstanding subdivision (a)(2), a manufacturer brewing not more than twenty-five thousand (25,000) barrels of beer or high alcohol content beer, or both, annually and operating as a retailer pursuant to subsection (c) may self-distribute the beer that it manufactures directly to retailers:
      1. (A) Inside the county in which the manufacturer is located; or
      2. (B) Inside and outside the county in which the manufacturer is located, if the manufacturer:
        1. (i) Self-distributes not more than one thousand eight hundred (1,800) barrels of such manufacturer's beer annually; and
        2. (ii) Is not prohibited from self-distribution in the particular county by the manufacturer's contract with a beer wholesaler.
    2. (2)
      1. (A) A manufacturer self-distributing pursuant to subdivision (g)(1)(B) shall not self-distribute more than one thousand eight hundred (1,800) barrels of its beer annually in this state regardless of the number of manufacturing locations.
      2. (B) If a manufacturer self-distributing pursuant to subdivision (g)(1)(B) self-distributes more than one thousand eight hundred (1,800) barrels in a year, including in one (1) or more counties outside the county in which the manufacturer is located, the manufacturer shall enter into a contract with a wholesaler to distribute the manufacturer's beer within ninety (90) days of exceeding such limitation.
    3. (3) A manufacturer shall certify its total volume of annual self-distribution as a part of the reporting required by § 57-6-105.
    4. (4) A manufacturer self-distributing beer pursuant to subdivision (g)(1) shall collect and pay all taxes imposed by §§ 57-5-201 and 57-6-103. Any distribution, sale, or transfer of beer by a manufacturer directly to a beer retailer constitutes a wholesale sale for purposes of taxation.
    5. (5) To determine the exact amount of tax owed on sales of beer and to facilitate the collection thereof, a manufacturer self-distributing beer pursuant to subdivision (g)(1) shall register separately with the commissioner of revenue as a wholesaler pursuant to § 57-5-102 and shall comply with the requirements for licensing as a wholesaler, including, without limitation, the permitting, reporting, and bonding requirements imposed by §§ 57-5-103, 57-6-104, 57-6-105, 57-6-107, and 67-6-410. In addition to the information required by § 67-6-410(b), such manufacturers shall report quantities of beer sold for consumption on the manufacturer's premises.
Backlinks (10)
History (20)
  • Acts 1933, ch. 69, § 1
  • 1935, ch. 170, § 2
  • C. Supp. 1950, § 1191.1
  • T.C.A. (orig. ed.), § 57-201
  • Acts 1983, ch. 229, § 7
  • 1990, ch. 906, § 1
  • 1991, ch. 214, §§ 1, 2
  • 1992, ch. 800, §§ 1, 2
  • 1993, ch. 227, § 1
  • 1993, ch. 297, § 1
  • 1995, ch. 395, §§ 1-6
  • 2004, ch. 956, §§ 1, 2
  • 2005, ch. 298, §§ 2, 3
  • 2009, ch. 290, §§ 1, 2
  • 2013, ch. 386, §§ 1, 3
  • 2014, ch. 861, §§ 2, 17. 2015, ch. 19, §§ 1, 2
  • 2015, ch. 176, § 1
  • 2021, ch. 432, §§ 1, 2
  • 2022, ch. 816, §§ 1-3
  • 2023, ch. 236, § 2.
§ 57-5-102. Registration of manufacturers and wholesale distributors.
  1. (a) Every person, firm, corporation, joint-stock company, syndicate or association in this state engaging in the manufacture or wholesale distribution of beer shall be required to first register its name and address, by mail or in person, at the office of the commissioner of revenue and to receive and keep posted at its usual place of business a certificate of registration bearing a serial number, which serial number shall be assigned to such person, firm, corporation, joint-stock company, syndicate or association in this state by the commissioner. The registration shall be made and certificate of registration received and posted before commencement of any business as described herein.
  2. (b) Cost of such registration is fixed at twenty dollars ($20.00) for wholesalers and forty dollars ($40.00) for manufacturers, to be paid by the applicant before a certificate is issued. Such certificate must be renewed annually on or before January 1, upon the payment of the aforementioned registration fees.
  3. (c) Any person required by this section to be registered who shall fail to register with the commissioner within twenty (20) days after entering business, or who shall fail to obtain a renewal of such registration for the current year by January 20 thereof, shall have added to the cost of registration a specific penalty of five dollars ($5.00) a month for each month or fractional part thereof during which such failure continues, but not to exceed an amount equal to the registration fee.
  4. (d) The proceeds of these fees shall be divided equally, one-half (½) to the department and one-half (½) to the Tennessee highway patrol, and shall be accredited to the expendable receipts account of such departments in order that same may be available for the purpose of enforcing this chapter.
  5. (e) In addition to the specific mandatory penalty provided for hereinabove, any person who shall engage in any business or activity for which a certificate of registration is knowingly required from the commissioner under this chapter without first having obtained such a certificate, or who, having obtained such a certificate, shall continue to engage in and/or conduct such business or activity after such certificate shall have been revoked or who does so during a suspension thereof, shall be liable to a discretionary penalty of not more than one hundred dollars ($100) to be imposed by the commissioner at the commissioner's discretion. Such penalty shall be collected in the manner otherwise provided for the collection of taxes and penalties and distributed in the manner provided hereinabove. Each day that such business or activity is so engaged in or conducted may be deemed a separate offense by the commissioner at the commissioner's discretion upon determination that the circumstances warrant.
  6. (f) Every person, firm, corporation, joint-stock company, syndicate or association, before being permitted to store, sell, distribute and/or manufacture beer shall pay such license, and comply with such regulations and ordinances as may be passed by the county courts of the counties and/or enacted by the proper municipal authorities of the cities or towns where such person, firm, corporation, joint-stock company, syndicate or association may do business in the manner hereinafter provided.
Backlinks (4)
History (11)
  • Acts 1933, ch. 69, § 5
  • 1937, ch. 198, § 1
  • 1943, ch. 53, § 1
  • mod. C. Supp. 1950, § 1191.5
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1972, ch. 448, § 1
  • 1973, ch. 68, § 6
  • 1974, ch. 478, § 1
  • T.C.A. (orig. ed.), § 57-202
  • Acts 1985, ch. 315, § 1
  • 1993, ch. 297, § 2.
§ 57-5-103. Permit from county or city required — Online sale for curbside pickup — Classification of counties — Purchases of beer “for resale.”
  1. (a)
    1. (1) It is unlawful to operate any business engaged in the sale, distribution, manufacture, or storage of beer without a permit issued by the county or city where such business is located under the authority herein delegated to counties and cities.
    2. (2) Permits shall be issued to the owner of the business or other entity responsible for the premises for which the permit is sought, whether a person, firm, corporation, joint-stock company, syndicate, association, or local governmental entity where the governing body has authorized such sales of beer.
    3. (3) A permit shall be valid:
      1. (A) Only for the owner to whom the permit is issued and cannot be transferred to another owner. If the owner is a corporation, a change in ownership shall occur when control of at least fifty percent (50%) of the stock of the corporation is transferred to a new owner;
      2. (B) Only for a single location, except as provided in subdivision (a)(4), and cannot be transferred to another location. A permit shall be valid for all decks, patios and other outdoor serving areas that are contiguous to the exterior of the building in which the business is located and that are operated by the business; and
      3. (C) Only for a business operating under the name identified in the permit application.
    4. (4) Where an owner operates two (2) or more restaurants or other businesses within the same building, the owner may in the owner's discretion operate some or all such businesses pursuant to the same permit.
      Backlinks (1)
    5. (5) A business can sell beer for both on-premises and off-premises consumption at the same location pursuant to one (1) permit.
    6. (6) A permit holder must return a permit to the county or city that issued it within fifteen (15) days of termination of the business, change in ownership, relocation of the business or change of the business's name; provided, that notwithstanding the failure to return a beer permit, a permit shall expire on termination of the business, change in ownership, relocation of the business or change of the business's name.
    7. (7) In the case of beer wholesalers, as defined in § 57-6-102, no county or city shall require a permit from a wholesaler unless such wholesaler operates a warehouse in such county or city.
    8. (8) Any person, firm, corporation, joint-stock company, syndicate, or association engaged in the sale, distribution, or manufacture of beer without the permit required by this part commits a Class A misdemeanor.
    9. (9) Nothing in this chapter shall be construed as granting counties or cities the authority to require the periodic renewal of beer permits.
    10. (10) After July 1, 2015, a city or county shall not issue a permit under this chapter unless the applicant has been a citizen or lawful resident of the United States for not less than one (1) year immediately preceding the date upon which the application is made to the city or county.
    11. (11) A permit holder may sell beer online for curbside pickup at the permit holder's location. Purchased beer must be delivered to the customer's vehicle, and the vehicle must be located within a paved parking area adjacent to the place of business. Beer sold through an online curbside pickup service must be pulled from the inventory located at the permitted location of the retailer providing the service and may not be pulled from the inventory of another retailer or permitted location. Any employee bringing beer to a vehicle for online curbside pickup must confirm the individual receiving the beer is at least twenty-one (21) years of age.
  2. (b) For the purpose of licensing, regulating and controlling the transportation, storage, sale, distribution, possession, receipt and/or manufacture of beer pursuant to this chapter, the counties of the state shall be classified in two (2) categories, one (1) of which is hereby designated Class A counties consisting of those counties not governed by metropolitan governments as defined in § 7-2-101, and the other category is hereby designated Class B counties consisting of those counties governed by metropolitan governments as defined in § 7-2-101.
    Backlinks (1)
  3. (c) When either “county” or “counties” is used in this chapter, it means counties generally without reference to the classification of counties provided for in this section, and the use of “county” or “counties” shall cause the provision limited by the word “county” or “counties” to apply equally to Class A counties and to Class B counties. When “county legislative body” or “county legislative bodies” is used in this chapter, it means “metropolitan council” or “metropolitan councils” when applicable to Class B counties.
  4. (d)
    1. (1) It is unlawful for any person to sell, distribute or manufacture beer without having a valid certificate indicating that purchases of beer by that person are “for resale” as that term is used in § 67-6-102(83)(A).
    2. (2) Within ten (10) days after being issued a permit to sell, distribute or manufacture beer, a person shall file with the county or city issuing the permit and with each person from whom the person buys beer a copy of a valid certificate indicating that the purchases of beer are “for resale” as that term is used in § 67-6-102(83)(A), and shall subsequently maintain at all times a valid resale certificate on file with the county or city issuing the permit and with each person from whom the person buys beer.
  5. (e) A city or county is authorized to seek criminal history background or fingerprint checks on applicants. Criminal background checks may include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The Tennessee bureau of investigation is authorized to assess fees for the searches in accordance with the fee schedule established by the bureaus.
  6. (f) Notwithstanding any law to the contrary, no city or county shall deny the issuance or renewal of a permit upon the basis that the lease between the business and its municipal landlord includes a provision whereby gross sales, which may include or exclude liquor sales, are considered in the determination of a percentage rent or other rent calculation provision.
Backlinks (8)
History (20)
  • Acts 1933, ch. 69, § 9c
  • C. Supp. 1950, § 1191.12
  • Acts 1963, ch. 76, § 1
  • 1965, ch. 321, § 1
  • 1974, ch. 478, § 2
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 57-204
  • Acts 1983, ch. 386, § 1
  • 1987, ch. 254, § 1
  • 1991, ch. 424, § 1
  • 1993, ch. 297, § 4
  • T.C.A., § 57-5-104
  • Acts 1996, ch. 641, § 2
  • 2009, ch. 314, § 1
  • 2010, ch. 1002, § 1
  • 2014, ch. 754, § 1
  • 2015, ch. 29, § 1
  • 2018, ch. 944, § 3
  • 2019, ch. 377, § 3
  • 2020, ch. 704, § 1.
§ 57-5-104. Application fee — Privilege tax — Permits.
  1. (a) Each applicant for a permit required by § 57-5-103 shall be required to pay an application fee of two hundred fifty dollars ($250) to the county or city in which the applicant's place of business is located. No portion of the fee shall be refunded to the applicant, notwithstanding whether an application is approved or denied.
  2. (b)
    1. (1) There is hereby imposed on the business of selling, distributing, storing or manufacturing beer in this state a privilege tax of one hundred dollars ($100), notwithstanding § 57-6-112.
    2. (2) Any person, firm, corporation, joint-stock company, syndicate or association engaged in selling, distributing, storing or manufacturing beer shall remit the tax on January 1 to the county or city in which such business is located. The tax shall be remitted to the county clerk for businesses located in the county outside the incorporated limits of any city or town, and to the official identified by the city or town in the notice required by subdivision (b)(3) for businesses located within the incorporated limits of the city or town.
    3. (3) Counties and cities shall mail written notice to each permit holder of the payment date of the annual tax at least thirty (30) days prior to January 1. Notice shall be mailed to the address specified by the permit holder on its permit application. If a permit holder does not pay the tax by January 31 or within thirty (30) days after written notice of the tax was mailed, whichever is later, then the county or city shall notify the permit holder by certified mail that the tax payment is past due. If a permit holder does not pay the tax within ten (10) days after receiving notice of its delinquency by certified mail, then the county or city may suspend or revoke the permit or impose a civil penalty pursuant to § 57-5-108.
    4. (4) Counties, cities or towns may utilize these tax funds for any public purpose.
    5. (5) At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date.
Backlinks (1)
History (8)
  • Acts 1933, ch. 69, § 9b
  • C. Supp. 1950, § 1191.11
  • T.C.A. (orig. ed.), § 57-203
  • Acts 1989, ch. 591, § 113
  • T.C.A., § 57-5-103
  • Acts 1993, ch. 297, § 3
  • 1995, ch. 124, §§ 1, 2
  • 1996, ch. 641, §§ 3, 4.
§ 57-5-105. Licenses or permits to sell outside of town or city limits — Applications — Temporary permits — Hearings.
  1. (a) The owner of a business desiring to sell, distribute, manufacture, or store beer in any Class A county outside the limits of any incorporated city or town shall file an application for a permit with the county legislative body or a committee appointed by the county legislative body.
  2. (b) In order to receive a permit, an applicant must establish that:
    1. (1) No beer will be sold except at places where such sale will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety and morals, the county legislative body having the right to forbid such storage, sale or manufacture at places within two thousand feet (2,000′) of such places of public gatherings in its discretion. Nothing in this subdivision (b)(1) shall apply to places of business that are located in the terminal or main building at public airports serviced by commercial airlines with regularly scheduled flights;
      Backlinks (5)
    2. (2) No sale shall be made to minors;
    3. (3) No person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance or controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years;
    4. (4) No person employed by the applicant in such distribution or sale has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years; and
    5. (5) No sale shall be made for on-premise consumption unless the application so states.
  3. (c) An applicant shall disclose the following information in the application:
    1. (1) Name of the applicant;
    2. (2) Name of applicant's business;
    3. (3) Location of business by street address or other geographical description to permit an accurate determination of conformity with the requirements of this section;
    4. (4) If beer will be sold at two (2) or more restaurants or other businesses pursuant to the same permit as provided by § 57-5-103(a)(4), a description of all such businesses;
    5. (5) Persons, firms, corporations, joint-stock companies, syndicates, or associations having at least a five percent (5%) ownership interest in the applicant;
    6. (6) Identity and address of a representative to receive annual tax notices and any other communication from the county legislative body or its committee;
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    7. (7) That no person, firm, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant nor any person to be employed in the distribution or sale of beer has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten (10) years;
    8. (8) Whether or not the applicant is seeking a permit which would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both of the foregoing. If a holder of a beer permit for either off-premises consumption or on-premises consumption desires to change the permit holder's method of sale, the permit holder shall apply to the county legislative body or committee appointed by such body for a new permit; and
    9. (9) Such other relevant information as may be required by the county legislative body or its committee. An applicant or permit holder shall be required to amend or supplement its application promptly if a change in circumstances affects the responses provided in its application.
  4. (d) Any applicant making a false statement in the application shall forfeit such applicant's permit and shall not be eligible to receive any permit for a period of ten (10) years.
  5. (e) Any applicant seeking a license or permit under this section and who complies with the conditions and provisions of this section shall have issued to such applicant the necessary license or permit, and in the event the license or permit is refused, the applicant shall be entitled to a hearing on the application for the issuance of a license or permit. The refusal to grant a license or permit, or the refusal to grant a hearing upon a person's application for a license or permit, may be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108.
  6. (f) Before any county legislative body or committee appointed by the county legislative body shall issue a license or permit under this section, it may cause to be published in a newspaper of general circulation a notice in which the name of the applicant and the address of the location for such license or permit, whether the application is for the sale of alcoholic beverages for on-premises consumption and the date and time of its meeting at which such application shall be considered. Such meeting shall be a public hearing for the purpose of hearing the statement of any person or such person's attorney on any application for a license or permit.
  7. (g)
    1. (1) Temporary beer licenses or permits not to exceed thirty (30) days' duration may be issued at the request of the applicant upon the same conditions governing permanent permits. Such a temporary license or permit shall not allow the sale, storage or manufacture of beer on publicly owned property.
    2. (2) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), in Class B counties and counties having a population in excess of three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census a temporary permit authorizing the sale of beer on public property may be issued to a bona fide charitable or nonprofit or political organization as defined in § 57-4-102, subject to the approval of the appropriate governmental authority charged with the management of such publicly owned property and the approval of the county beer board.
    3. (3) Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), a county authorized to issue a permit under § 57-5-106(c) may issue a temporary permit authorizing the sale of beer on public property.
  8. (h) Where a permit or license has been refused three (3) times, the applicant shall not be allowed to apply again for a permit or license on the same premises until after the expiration of one (1) year from the date of the third refusal and only if the circumstances have substantially changed. Nothing in this subsection (h) shall be construed as prohibiting or in any manner limiting the right of any refusal to be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108.
  9. (i) Class A counties, by resolution of their county legislative bodies, may forbid the sale of beer within three hundred feet (300′) of a residential dwelling, measured from building to building; provided, that the owner of the residential dwelling appears in person before the county beer board and objects to the issuance of such permit or license. This subsection (i) shall not apply to locations where beer permits or licenses have been issued prior to the date of adoption of such a resolution by the county legislative body, or to an application for a change in the licensee or permittee at such locations.
  10. (j) A county legislative body may impose training or certification restrictions or requirements on employees of a permit holder, but such restrictions or requirements shall not apply to any employee who is possessed of a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title.
  11. (k) When a permit or license has been denied based on the testimony of a person at the hearing which caused the county to deny the permit or license, the beer board or other appropriate governing body shall notify the person who testified if the applicant seeks a permit or license again at the same location within twelve (12) months. The person who testified may submit the person's remarks in writing to the beer board or other appropriate governing body at any additional hearing in lieu of making a physical appearance to testify.
Backlinks (4)
History (27)
  • Acts 1933, ch. 69, § 10
  • 1935, ch. 170, § 4
  • C. Supp. 1950, § 1191.14
  • Acts 1961, ch. 105, § 1
  • 1965, ch. 321, § 2
  • 1968, ch. 517, § 1
  • 1972, ch. 637, § 1
  • 1975, ch. 242, § 1
  • 1975, ch. 363, §§ 1, 2
  • 1976, ch. 713, § 1
  • 1977, ch. 340, § 1
  • 1978, ch. 637, § 1
  • 1978, ch. 799, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 57-205
  • Acts 1980, ch. 909, § 1
  • 1983, ch. 386, §§ 2-5
  • 1984, ch. 610, § 1
  • 1987, ch. 74, §§ 1-3
  • 1993, ch. 297, § 5
  • 1995, ch. 252, § 1
  • 1995, ch. 396, § 7
  • 2004, ch. 598, § 1
  • 2005, ch. 294, §§ 1, 2
  • 2012, ch. 848, §§ 61, 62
  • 2016, ch. 654, §§ 1, 2
  • 2018, ch. 944, § 2.
§ 57-5-106. Licensing powers of cities, towns, and Class B counties.
  1. (a) All incorporated cities, towns and Class B counties in this state are authorized to pass proper ordinances governing the issuance and revocation or suspension of licenses for the storage, sale, manufacture and/or distribution of beer within the corporate limits of the cities and towns and within the general services districts of Class B counties outside the limits of any smaller cities as defined in § 7-1-101 and to provide a board of persons before whom such application shall be made, but the power of such cities, towns and Class B counties to issue licenses shall in no event be greater than the power herein granted to counties, but cities, towns and Class B counties may impose additional restrictions, fixing zones and territories and provide hours of opening and closing and such other rules and regulations as will promote public health, morals and safety as they may by ordinance provide. The ordinance power granted to a municipality by this subsection (a) does not permit a municipality to establish residency requirements for its applicants. The ordinance power granted to a municipality by this section does not permit a municipality to impose training or certification restrictions or requirements on employees of a permittee if those employees possess a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title.
  2. (b) Cities, towns and Class B counties may authorize the sale of beer in the rooms of regularly conducted hotels and motels and in regularly incorporated clubs and lodges.
  3. (c)
    1. (1) Notwithstanding subsection (a), any county that is the owner of property used as a park that is within the corporate boundaries of a municipality within that county has the exclusive authority to issue, revoke, and suspend licenses for the storage, sale, manufacture, and distribution of beer within the boundaries of the park consistent with the county rules governing the issuance, revocation, and suspension of licenses for other locations in the county, except there is no restriction of distance from residences or churches, schools, or other public gathering places.
    2. (2) This subsection (c) applies only in counties with a population of not less than one hundred seventy-two thousand three hundred (172,300) nor more than one hundred seventy-two thousand four hundred (172,400), according to the 2010 federal census or any subsequent federal census.
    Backlinks (1)
Backlinks (3)
History (11)
  • Acts 1933, ch. 69, § 10
  • C. Supp. 1950, § 1191.14
  • Acts 1965, ch. 321, § 3
  • T.C.A. (orig. ed), § 57-208
  • Acts 1981, ch. 377, § 1
  • 1983, ch. 386, § 6
  • 1993, ch. 297, § 7
  • 1993, ch. 451, § 3
  • T.C.A., § 57-5-108
  • Acts 1995, ch. 396, § 8
  • 2018, ch. 944, § 1.
§ 57-5-107. Hotels and motels.
  1. (a) Any hotel or motel licensed under this chapter and under chapter 4 of this title may dispense beer to adult guests through locked, in-room units.
  2. (b) No person under twenty-one (21) years of age shall be issued or supplied with a key by any hotel or motel for such units. Such units may only be located in any such hotel or motel located in municipalities having a population in excess of one hundred thousand (100,000) if the voters of such municipality have approved the consumption of alcoholic beverages on the premises by referendum and in any county in which such municipalities are located if the voters of such county have approved the consumption of alcoholic beverages on the premises by referendum.
History (3)
  • Acts 1989, ch. 145, § 2
  • 1993, ch. 297, § 10
  • T.C.A., § 57-5-111.
§ 57-5-108. Revocation or suspension of permits or licenses — Civil penalty — Review of orders — Pilot project concerning local and municipal beer boards.
  1. (a)
    1. (1)
      1. (A) Permits or licenses issued under this chapter by any county legislative body or any committee or board created by any county legislative body may be revoked or suspended in accordance with this section by the county legislative body, committee or board which issued the permit or license.
      2. (B) Permits or licenses issued under this chapter by any board or commission created by the metropolitan council of any Class B county may be revoked or suspended in accordance with this section by such board or commission.
      3. (C) Permits or licenses issued under this chapter by the governmental body of any incorporated city, or by any committee or board created by such governmental body may be revoked or suspended in accordance with this section by the governmental body, committee or board which issued the permit or license.
    2. (2)
      1. (A) A city, Class A county, or Class B county, or any committee, board, or commission created by these governmental bodies, shall not, pursuant to § 57-5-608, revoke or suspend the permit of a responsible vendor for a clerk's illegal sale of beer to a minor, if the permit or license holder and the clerk making the sale have complied with the requirements of § 57-5-606 as a responsible vendor under this part, but may impose on the responsible vendor a civil penalty not to exceed one thousand dollars ($1,000) for each offense of making or permitting to be made any sales to minors or for any other offense.
      2. (B) The prohibition of subdivision (a)(2)(A) concerning the revocation or suspension of the vendor's permit shall not apply to any vendor who is not a responsible vendor under this part, or to a participating vendor, if the vendor or clerk making a sale to a minor fails to comply with the requirements of § 57-5-606. With respect to such permit or license holder, the committee, board, or commission may, at the time it imposes a revocation or suspension, offer the permit or license holder the alternative of paying a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed one thousand dollars ($1,000) for any other offense.
      3. (C) Permanent revocation of beer permits may only be applied when the permit holder has at least two (2) violations within a twelve-month period.
      4. (D) Revocation of beer permits applies only to that permit holder, or agents of the permit holder, at that location. Revocation of beer permits shall not stay with the property if the property changes hands, nor may a city, Class A county or Class B county, or any committee, board or commission created by these governmental bodies, apply penalties, suspensions or revocations to other beer permits held by the permittee at other locations.
      5. (E) Revocation of a beer permit at one (1) location should not be the sole disqualifying factor when considering the issuance of beer permits at other locations.
      6. (F) If, at any location that has been affected by permanent beer permit revocation, the property changes hands and no longer belongs to the permit holder, or agents of the permit holder, the new property owner may apply to the beer board for release of revocation.
      7. (G) If a civil penalty is offered as an alternative to revocation or suspension, where allowed under subdivision (a)(2)(B), the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. The holder's payment of a civil penalty shall not affect the holder's ability to seek review of the civil penalty pursuant to subsection (d).
    3. (3) A city or county may at any time accept the payment of a civil penalty, not to exceed the amounts set forth in subdivision (a)(2)(B), by a permit or license holder charged with a violation of this chapter, which payment shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the city or county may impose.
  2. (b) No permit or license shall be revoked on the grounds the operator or any person working for the operator sells beer to a minor over eighteen (18) years of age if such minor exhibits an identification, false or otherwise, indicating the minor's age to be twenty-one (21) or over, if the minor's appearance as to maturity is such that the minor might reasonably be presumed to be of such age and is unknown to such person making the sale. The license or permit may be suspended for a period not to exceed ten (10) days or a civil penalty up to one thousand five hundred dollars ($1,500) may be imposed pursuant to subdivision (a)(3). However, this shall not be construed in any way to relieve the minor from liability for making such illegal purchase as provided in § 57-5-301.
  3. (c) The local legislative body or a committee or board created by the local legislative body, in considering the suspension or revocation of a license, shall consider repeated violations of any local ordinance or state law involving prohibited sexual contact on the premises of an adult-oriented establishment.
  4. (d) The action of such agency in connection with the issuance of any order of any kind, including the revocation or suspension of a license or permit, imposition of a civil penalty or the refusal to grant a license or permit under §§ 57-5-105, 57-5-106 and this section, may be reviewed by statutory writ of certiorari, with a trial de novo as a substitute for an appeal, the petition of certiorari to be addressed to the circuit or chancery court of the county in which any such order was issued.
  5. (e) Immediately upon the grant of the writ of certiorari, the agency revoking or suspending a license or permit or imposing a civil penalty shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause.
  6. (f) This section shall be the sole remedy and exclusive method of review of any action or order that may have been issued by any county legislative body, or any committee appointed by any county legislative body, or from any board or commission authorized under §§ 57-5-105 and 57-5-106, including the refusal or failure to grant any license or permit or the imposition of a civil penalty. The Tennessee Rules of Civil Procedure shall be applicable in connection with such review. Any party dissatisfied with the decree of the court may, upon giving bond as required in other cases, appeal, where the cause shall be heard upon the transcript of the records from the circuit court.
  7. (g) A judge of any court of record shall have the authority to supersede, stay or enjoin any order of an agency revoking, suspending or imposing a civil penalty made under the authority of this chapter for good cause shown on part of the petitioning party thereof. No circuit or chancery judge shall have the authority to grant any such extraordinary writ except the judge of a court of record to which the petition for certiorari is addressed.
  8. (h) If a final judgment is entered by the trial court superseding the revocation or suspension order or order imposing a civil penalty, and the cause is appealed by the agency, the final judgment of the trial court shall remain in force until final appellate disposition of the cause.
  9. (i) In instances involving only wholesale beer permits or licenses, or certificates of registration, the order of the agency suspending, revoking or failing to renew such wholesale beer permits or licenses or certificates of registration or imposing civil penalties shall as a matter of law be stayed or superseded, and the order will not be effective until final judicial review, including all available appeals, of the matter. In instances where no appeal is taken or perfected by the wholesaler within the required time as prescribed by law, the order of the agency shall become effective.
  10. (j) The remedy provided by this section shall be the only method of reviewing orders of county legislative bodies, governing bodies or municipal corporations, boards or committees revoking or suspending licenses issued under this chapter or imposing civil penalties.
  11. (k) Where a permit or license is revoked, no new license or permit shall be issued to permit the sale of beer on the same premises until after the expiration of one (1) year from the date the revocation becomes final and effective. The board, in its discretion, may determine that issuance of a license or permit before the expiration of one (1) year from the date of revocation becomes final is appropriate, if the individual applying for such issuance is not the original holder of the license or any family member who could inherit from such individual under the statute of intestate succession.
  12. (l) Powers to suspend, revoke, or impose civil penalties conferred in this section upon county legislative bodies and governmental bodies of incorporated cities and any committees, commissions, or boards created by such bodies and/or governmental bodies are likewise conferred upon the commissioner of revenue as they may relate to certificates of registration and transportation permits issued by the commissioner under this chapter to any licensed brewer, wholesaler or distributor for the failure of any such person to file with the commissioner any report required by this chapter, or for the filing of a false report, or the failure to pay tax due by any such licensee under this chapter and rules and regulations promulgated pursuant thereto, or for the receipt, possession, storage or transportation of beer in violation of this chapter, or any rule and regulation promulgated by the commissioner thereunder, and for no other reason. The remedy provided by this section shall likewise be the only method of reviewing orders of the commissioner revoking or suspending certificates of registration and transportation permits issued under this chapter or imposing civil penalties.
  13. (m) Any county, municipal or metropolitan beer board or committee may, at its discretion, revoke or suspend the permit of or impose a civil penalty pursuant to subdivision (a)(3) on any beer retailer within its jurisdiction who is found to possess beer on which the state beer barrelage tax, imposed by § 57-5-201, and the city and county wholesale beer tax, imposed by § 57-6-103, has not been paid. The burden of proof shall be upon the retail beer permit holder to show that the two (2) taxes on the beer in the permit holder's possession have been paid by showing that the beer was purchased from a Tennessee beer wholesaler, which fact shall be shown by the retailer providing a bill of sale or invoice for the beer which shall include the name and address of the wholesaler, the name and address of the retailer, the number of containers of each brand of beer purchased by the retailer, and which shall be signed by the retailer.
  14. (n)
    1. (1) A local legislative body or a committee or board created by the local legislative body shall not impose a fine or other penalty on a permittee based solely on a report issued by another agency of the local government, other than a law enforcement agency, as a predicate to enter the premises of a permittee or cite the permittee.
    2. (2) Except as provided in subdivision (n)(1), the local legislative body or a committee or board created by the local legislative body may only issue a citation to a permittee for a violation of this chapter after its own independent investigation.
  15. (o) [Deleted by 2024 amendment.]
  16. (p) [Deleted by 2024 amendment.]
    Backlinks (2)
Backlinks (8)
History (28)
  • Acts 1943, ch. 53, § 3
  • C. Supp. 1950, § 1191.14
  • Acts 1961, ch. 105, § 2
  • 1965, ch. 123, § 1
  • 1965, ch. 321, § 4
  • 1969, ch. 56, § 1
  • 1969, ch. 299, § 1
  • 1971, ch. 21, § 1
  • 1973, ch. 68, § 7
  • 1977, ch. 454, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • impl. am. Acts 1979, ch. 413, §§ 3, 4
  • T.C.A. (orig. ed.), § 57-209
  • Acts 1981, ch. 377, §§ 2-9
  • 1981, ch. 449, § 2
  • 1984, ch. 1006, § 7
  • 1985, ch. 315, § 2
  • 1989, ch. 147, § 6
  • 1989, ch. 583, §§ 1-4
  • 1990, ch. 889, § 1
  • 1993, ch. 297, § 8
  • 1993, ch. 349, § 1
  • T.C.A., § 57-5-109
  • Acts 1996, ch. 641, § 1
  • 2006, ch. 864, § 11
  • 2012, ch. 742, § 1
  • 2012, ch. 881, § 1
  • 2024, ch. 670, §§ 1, 2.
§ 57-5-109. Proximity to schools, residences, churches, places of public gatherings.
  1. (a) A city or county shall not suspend, revoke or deny a permit to a business engaged in selling, distributing or manufacturing beer on the basis of the proximity of the business to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location. This section shall not apply if beer is not sold, distributed or manufactured at that location during any continuous six-month period.
  2. (b) For the purposes of this section, “on that same location” means within the boundaries of the parcel or tract of the real property on which the business was located. This section applies whether or not a business moves the building on the location and whether or not the business was a conforming or nonconforming use at the time of the move.
  3. (c) If a business applies for a beer permit within the continuous six-month period referenced in this section, and if the city or county denies the business a permit and if the business appeals that denial, a new six-month continuous sale period shall begin to run on the date when the appeal of that denial is final.
History (4)
  • Acts 1993, ch. 297, § 9
  • 1997, ch. 560, § 1
  • 2002, ch. 744, § 1
  • 2004, ch. 598, § 2.
§ 57-5-110. Bonds of warehousemen, dealers and manufacturers — Terms and conditions — Alternative collateral.
  1. (a) All persons, firms, corporations, joint-stock companies, syndicates or associations in this state storing, selling, distributing and/or manufacturing beer in this state shall execute a bond securing the payment of the taxes levied, as the state privilege tax, under provisions hereof, the bond to be payable to the commissioner of revenue and to be signed by some solvent surety company residing in or having an office and agent in this state, and to be approved by the commissioner.
  2. (b) Such bond shall be conditioned upon and posted to secure the proper payment of all taxes for which the taxpayer may become liable during the taxpayer's initial license period of twelve (12) months, in the minimum penal sum of twenty thousand dollars ($20,000); provided, that after monthly reports have been received by the department which cover the initial three (3) full months of such person's operating experience, the penal sum may, upon written request of the taxpayer, be adjusted to an amount equal to no less than twice the amount of the tax required to be paid by such person per month and shall be determined by averaging such tax over the period of months immediately preceding the adjustment. If, at any time after the initial three (3) months operating experience, the commissioner shall determine the average monthly tax liability of a taxpayer to be greater than twenty thousand dollars ($20,000), the taxpayer shall be required to immediately file a rider to the taxpayer's bond to increase the penal sum of the bond to two (2) times the taxpayer's average monthly tax liability as determined by the commissioner.
  3. (c) If, at any time after the execution of the bond, the surety thereon shall become insolvent, the commissioner may require the execution of a new bond with good and solvent surety in the same manner and with the same penalty as aforementioned, and subject to the approval of the commissioner, and any person executing a bond under this chapter may, at any time prior to default under any existing bond, apply to the commissioner for cancellation of the existing bond and for leave to file a new bond with new surety thereon in accordance with the provisions aforementioned, and shall have the right to file such new bond, at such time, by and with the approval of the commissioner.
  4. (d) In lieu of a corporate surety on such bond as required by subsection (a), the commissioner may allow the applicant to secure such bond by depositing collateral in the form of a certificate of deposit as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner.
  5. (e)
    1. (1) If a taxpayer has been in continuous operation for three (3) consecutive years and during the preceding six (6) months has paid the special privilege tax in § 57-5-201(a)(1), for which the taxpayer is liable within the time period for payment set by the statute or rule, then the taxpayer shall not be required to execute and maintain any bond required by this section.
    2. (2) Any taxpayer exempted from the bonding requirement of this section who fails to pay the special privilege tax in § 57-5-201(a)(1), within the time period for payment set by statute or rule shall, upon such failure, be required to execute and maintain a bond as required in this section.
History (10)
  • Acts 1933, ch. 69, § 6
  • C. Supp. 1950, § 1191.6
  • impl. am. Acts 1959, ch. 9, § 14
  • T.C.A. (orig. ed.), § 57-206
  • Acts 1983, ch. 379, §§ 1-3
  • 1986, ch. 676, § 2
  • 1988, ch. 519, § 1
  • 1992, ch. 607, § 1
  • 1993, ch. 297, § 6
  • T.C.A., § 57-5-106.
§ 57-5-111. Homemade beer.
  1. (a) For purposes of this section:
    1. (1) “Beer” has the same meaning as the term is defined in § 57-5-101(b); and
    2. (2) “Homemade,” with respect to the making of beer, means beer made by a person's own efforts and not for a commercial purpose, but does not require that the beer be made in the person's home.
  2. (b)
    1. (1) No license or permit shall be required under this title for the making of homemade beer, and the possession, transportation, or storage of homemade beer, by any person if all of the following apply:
      1. (A) The person who makes the beer receives no compensation;
      2. (B) The beer is not sold or offered for sale; and
      3. (C) The total quantity of beer made, in a calendar year, by the person and any other person living in the same household does not exceed one hundred gallons (100 gals.) if the household has only one (1) person of legal drinking age or two hundred gallons (200 gals.) if the household has two (2) or more persons of legal drinking age.
    2. (2) A person who makes, possesses, transports, or stores beer in compliance with the limitations specified in subdivision (b)(1) is not a manufacturer of beer for purposes of this chapter.
    3. (3) Any homemade beer in compliance with subdivision (b)(1) that is being transported shall be clearly identified as homemade beer.
    4. (4) Homemade beer made in compliance with the limitations in subdivision (b)(1) may be consumed by the person who made it and the person's family, neighbors, and friends at any private residence or other private location where the possession and consumption of beer is permissible under this chapter, local ordinances, or other applicable law. This subdivision (b)(4) does not apply to licensed premises under this chapter.
  3. (c) The use of homemade beer made in compliance with the limitations specified in subdivision (b)(1) is allowed for purposes of exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition, if the exhibition, demonstration, judging, tasting, sampling, contest, or competition is held at a private residence or on a licensed premises. Homemade beer used for purposes described in this subsection (c), including the submission or consumption of such beer, shall not be considered sold or offered for sale, and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling shall not be considered compensation. No fee may be charged for consumption of the homemade beer at the exhibition, demonstration, judging, tasting, sampling, contest, or competition; provided, however, an entrance fee may be charged to persons attending an exhibition, contest, or competition.
  4. (d)
    1. (1) Notwithstanding any law to the contrary, a person who is not a permit holder under this chapter may, at a private residence, and a person who is a permit holder under this chapter may, on the permitted premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade beer made in compliance with the limitations specified in subdivision (b)(1) if the person does not sell the beer and, unless the person is the maker of the beer, does not acquire any ownership interest in the beer.
    2. (2) No fee may be charged for consumption of homemade beer at the contest, competition, or other event; provided, however, an entrance fee may be charged to persons attending a contest, competition, or other event.
    3. (3) If the contest, competition, or other event is held on a permitted premises, the permit holder may allow the homemade beer to be stored on the premises if the homemade beer is clearly identified and kept separate from any alcoholic beverages or beer owned by the permit holder. Any homemade beer stored on the premises shall be removed within twenty-four (24) hours after the contest, competition, or other event has ended.
  5. (e) Any city or county may regulate contests, competitions, or other events for the exhibition, demonstration, judging, tasting, or sampling of homemade beer as described in subsection (d), including requiring a permit for the contests, competitions, or other events.
  6. (f) No taxes levied or collected pursuant to this title shall be applicable to any homemade beer made in compliance with subdivision (b)(1).
Backlinks (1)
History (1)
  • Acts 2015, ch. 69, § 1.
§ 57-5-112. Beer container size — Labeling.
  1. (a) Any wholesaler or retailer selling or distributing any product regulated under this chapter in a twenty-five and four-tenths ounce (25.4 oz.) container may distribute such container only if the container has affixed to it a label, printed in at least three-sixteenths inches (⁄″) type, which states “flavored beer.” Nothing herein shall be construed to impose upon a brewer or importer the duty to affix the labels required under this subsection (a) prior to sale to a wholesaler.
  2. (b) Any retail permittee or licensee under this title which elects to distribute any beer product in a twenty-five and four-tenths ounce (25.4 oz.) container is prohibited from indicating, directly or indirectly, that the product is not a flavored beer product. Any retail permittee or licensee violating this section shall be subject to sanctions imposed by law.
History (2)
  • Acts 1997, ch. 560, § 2
  • 1998, ch. 857, § 1.
§ 57-5-113. Sale of beer allowed any time authorized to sell liquor and wine — Beer permit required.
  1. Any establishment that is permitted to sell liquor or wine for on-premises consumption pursuant to chapter 4 of this title shall be allowed to sell beer at any time the establishment is legally authorized to sell liquor or wine; provided, that the establishment has lawfully obtained a beer permit from the appropriate jurisdiction.
History (1)
  • Acts 2011, ch. 27, § 1.
§ 57-5-114. Separate license for distribution of high alcohol content beer not required.
  1. Any wholesale distributor of beer that has a valid wholesale license pursuant to this chapter is not required to obtain a separate license for the distribution of high alcohol content beer from the commission.
History (1)
  • Acts 2017, ch. 443, § 4.
Part 2 Taxation
§ 57-5-201. Barrel tax — Retailers to deal exclusively with Tennessee wholesalers and manufacturers. [Certain provisions subject to contingent repeal. See (a)(2).]
  1. (a)
    1. (1) Every person, firm, corporation, joint-stock company, syndicate or association in this state storing, selling, distributing, or manufacturing such beer or other beverages as are described in this chapter shall pay a special privilege tax, in addition to all other taxes, in an amount equal to four dollars and twenty-nine cents ($4.29) per barrel of thirty-one liquid gallons (31 gals.) stored, sold, distributed by gift or sale or manufactured in this state; provided, that the rate shall be reduced by fifty cents (50¢) on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first. The tax upon barrels containing more or less than thirty-one gallons (31 gals.) shall be at a proportionate rate. Beer or other such beverage manufactured in Tennessee and thereafter exported for sale, distribution or gift, or dispensed gratuitously and consumed on the premises, shall not be included in the measure of the tax liability hereby provided for. The commissioner of revenue is authorized to promulgate rules and regulations for the purpose of securing the exemption hereby given and for the purpose of preventing such exemption from being claimed in the case of beer sold, distributed or given away in Tennessee. The burden shall be on the manufacturer claiming exemption to establish to the satisfaction of the collection officers that the beverage manufactured in Tennessee is exempt under this subsection (a).
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    2. (2) Notwithstanding this section or another law to the contrary, any revenue generated from the increase in tax rates from three dollars and forty cents ($3.40) to three dollars and ninety cents ($3.90) must be allocated to the highway fund for the purpose of funding programs for the prevention and collection of litter and trash and matters related to the programs, including special grants for programs described in § 54-1-407. No later than March 31 of each year, the department of transportation shall transmit to the governor, and the speakers of the house of representatives and senate a report listing the programs receiving funds generated by this subsection (a), the amount of funds received by each program, and the purpose for which the funds were spent. This subdivision (a)(2) shall be repealed on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in this state or on July 1, 2028, whichever occurs first.
  2. (b) The tax levied in subsection (a) shall be a state tax and no county, municipality or taxing district shall have power to levy any like tax. This tax shall not apply to beverages previously used as a measure of tax under the provisions hereof.
  3. (c) No retail dealer of beer, as defined in § 57-5-101(b), shall purchase beer from anyone other than a licensed wholesaler located in this state, and all such purchases shall be delivered by the wholesaler to the retailer's licensed premises only or directly to the retailer at the wholesaler's licensed premises. No wholesale distributor of beer shall purchase beer from anyone other than a licensed manufacturer, importer, or other wholesaler holding a permit issued pursuant to § 57-5-101, and all such purchases shall be delivered only at a warehouse facility owned or operated by the wholesaler and located within this state. Anyone importing or causing to be imported any beer, as defined in § 57-5-101(b), shall be liable as other wholesale distributors or dealers hereunder.
  4. (d) Anything to the contrary notwithstanding, a retail dealer of beer as defined in § 57-5-101(b) may purchase such beverages directly from a manufacturer located in Tennessee, licensed hereunder, if the sale of such beverages by the manufacturer directly to retailers is authorized by law pursuant to § 57-5-101. Any such self-distribution or sale by a manufacturer of its beer directly to a retail dealer of beer constitutes a wholesale sale for purposes of taxation.
Backlinks (11)
History (25)
  • Acts 1933, ch. 69, § 2
  • 1937, ch. 88, § 1
  • 1945, ch. 69, § 1
  • 1947, ch. 109, § 1
  • C. Supp. 1950, § 1191.2
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1969, ch. 212, § 1
  • 1973, ch. 6, § 1
  • T.C.A. (orig. ed.), § 57-213
  • Acts 1981, ch. 307, §§ 1, 4
  • 1984, ch. 769, § 2
  • 1987, ch. 33, § 1
  • 1991, ch. 30, § 1
  • 1994, ch. 864, §§ 1, 2
  • 1995, ch. 2, § 1
  • 1999, ch. 81, §§ 1, 2
  • 2002, ch. 856, § 1b
  • 2005, ch. 86, § 1
  • 2010, ch. 616, § 1
  • 2014, ch. 861, §§ 9, 10
  • 2015, ch. 19, § 3
  • 2016, ch. 704, §§ 1, 2
  • 2021, ch. 158, §§ 1, 2
  • 2021, ch. 432, § 3
  • 2022, ch. 903, § 1.
§ 57-5-202. Commissioner of revenue — Supervision and collection of tax — Enforcement of law.
  1. (a) The supervision and collection of the tax imposed in § 57-5-201 is under the direction of the commissioner of revenue. The commissioner shall expend so much of four percent (4%) of the amount received thereunder each year as may be necessary to defray the expenses including clerical and mechanical help and transportation arising out of the administration of this chapter.
  2. (b) No employee of the commissioner shall, while so employed, be interested, directly or indirectly, in the vending, storing, distributing and/or manufacturing of such beer and/or any other beverage under the penalty of dismissal from office and of five hundred dollars ($500) fine, to be recovered by indictment or presentment.
  3. (c) The police and penal provisions of this chapter shall be enforced by members of the state highway patrol and all sheriffs, deputy sheriffs and police officers of the state and its political subdivisions. Such officers, along with inspectors, agents, representatives or officers appointed by the commissioner, shall be charged with the enforcement of the revenue provisions of this chapter. Duly authorized representatives of the department, in the discretion of the commissioner, are authorized and empowered to make arrests for violation of the revenue provisions of this chapter while on active duty engaged in enforcing the revenue provisions of this chapter.
Backlinks (3)
History (26)
  • Acts 1933, ch. 69, § 3
  • 1943, ch. 53, § 4
  • C. Supp. 1950, § 1191.3
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1969, ch. 160, § 3
  • 1969, ch. 319, §§ 3, 4
  • 1970, ch. 456, § 1
  • 1970, ch. 496, § 1
  • 1970, ch. 578, § 1
  • 1970, ch. 588, §§ 1, 2
  • 1971, ch. 53, §§ 1-3
  • 1971, ch. 231, §§ 1, 2
  • 1972, ch. 584, § 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, § 4
  • T.C.A. (orig. ed.), § 57-214
  • Acts 1982, ch. 881, § 1
  • 1991, ch. 9, § 7
  • 1992, ch. 973, § 5
  • Private Acts 1994, ch. 191, § 4
  • Acts 1996, ch. 553, § 4
  • 1996, ch. 693, § 1
  • 1996, ch. 753, § 4.
§ 57-5-203. Payment of tax money — Deadline.
  1. The tax imposed in § 57-5-201 shall be paid to the department of revenue on or before the twentieth day of the month following the month in which it accrues.
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History (9)
  • Acts 1933, ch. 69, § 4
  • 1941, ch. 52, § 1
  • C. Supp. 1950, § 1191.14
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1972, ch. 448, § 2
  • 1979, ch. 202, § 1
  • T.C.A. (orig. ed.), § 57-215
  • Acts 1980, ch. 885, § 6
  • 1988, ch. 526, § 15.
§ 57-5-204. Default in payment of state privilege taxes — Cancellation of certificate.
  1. 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 amount thereof due and unpaid, to the surety or sureties on the bond, at the address shown thereon or to the last known address, and if the delinquent tax and all interest and penalties legally due thereon shall not be paid within ten (10) days after the mailing of such notice, the commissioner shall cancel the certificate described under § 57-5-102 and proceed against the delinquent under §§ 29-3-112 and 29-3-113 and the commissioner is authorized and empowered, and it shall be the commissioner's duty, to issue a distress warrant for the collection of all delinquent state privilege taxes due under the provisions hereof, with interest and penalty in the sum of ten percent (10%).
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History (4)
  • Acts 1933, ch. 69, § 7
  • C. Supp. 1950, § 1191.7
  • impl. am. Acts 1959, ch. 9, § 14
  • T.C.A. (orig. ed.), § 57-216.
§ 57-5-205. Distribution of state privilege tax — Special census by municipality or county.
  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. (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 used by them for general purposes, ten and five hundredths percent (10.05%) shall be divided between the existing incorporated municipalities according to population to be used by them for general purposes, and forty-one hundredths percent (0.41%) shall be reserved and transferred to the department of mental health and substance abuse services to assist municipalities and counties in carrying out the Comprehensive Alcohol and Drug Treatment Act of 1973, compiled as title 33, chapter 10; title 39, chapter 17, part 4; §§ 53-11-408 and 57-3-306; and this section. Any municipality or county shall have the right to take not more than four (4) special censuses at its own expense at any time during the interim between the regular decennial federal census. Such right shall include the current decennium. Any such census shall be taken by the federal bureau of the census, or in a manner directed by and satisfactory to the department of economic and community development. The population of the municipality or county shall be revised in accordance with the special census for purposes of distribution of such funds, effective on July 1, following the certification of the census results by the federal bureau of the census, or the department of economic and community development to the commissioner of finance and administration; the aggregate population shall likewise be adjusted in accordance with any such special census, effective July 1, following certification; and
    2. (2) The remainder of the tax collected under this section shall become a part of the general fund of the state.
Backlinks (2)
History (23)
  • Acts 1933, ch. 69, § 11
  • 1937, ch. 88, § 2
  • 1947, ch. 109, § 2
  • mod. C. Supp. 1950, § 1191.15
  • Acts 1957, ch. 368, § 1
  • impl. am. Acts 1959, ch. 9, § 3
  • impl. am. Acts 1961, ch. 97, § 3
  • Acts 1973, ch. 295, § 19
  • 1974, ch. 516, § 1
  • impl. am. Acts 1975, ch. 248, § 1
  • Acts 1978, ch. 497, § 2
  • T.C.A. (orig. ed.), § 57-217
  • Acts 1981, ch. 307, § 2
  • 1996, ch. 675, § 66
  • 2000, ch. 947, § 6
  • 2003, ch. 355, § 20
  • 2005, ch. 500, § 3
  • 2006, ch. 989, § 8
  • 2009, ch. 186, § 39
  • 2010, ch. 1100, § 98
  • 2011, ch. 350, § 2
  • 2011, ch. 509, § 5
  • 2012, ch. 575, § 1.
§ 57-5-206. Records — Reports to commissioner of revenue — Rules and regulations.
  1. (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 descriptive thereof, and shall permit the commissioner or the commissioner's authorized agents, representatives or employees to inspect, at any time during the business hours of the day, all such articles, containers, packages, invoices, books, papers and memoranda as may be deemed necessary in the opinion of the commissioner, or the commissioner's authorized agent, representative or employee, in ascertaining whether or not the state privilege tax levied under §§ 57-5-201 — 57-5-203 has been paid or in determining the amount of such tax as may be due.
  2. (b) The original bill of sale or invoice or a digital copy thereof shall be kept by the wholesaler for at least two (2) years and the duplicate bill of sale or invoice shall be retained by the retailer for at least two (2) years, subject to inspection by the department or the county, municipal or metropolitan government involved.
  3. (c) The commissioner shall have the power to require any person engaged in the storage, sale, distribution by sale or gift, and/or manufacture, in this state, of such beer and/or any other such beverages, as described above, to furnish any reports, statements or information, under oath, which may be deemed, in the opinion of the commissioner, necessary for the purpose of enforcing a compliance herewith.
  4. (d) The commissioner is authorized and has the duty to make rules and regulations necessary, in the commissioner's opinion, to effectuate the purposes and carry out the provisions hereof, which rules and regulations shall have the force and effect of law if not in conflict with express statutory provision.
Backlinks (2)
History (7)
  • Acts 1933, ch. 69, § 8
  • C. Supp. 1950, § 1191.8
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1971, ch. 21, § 1
  • T.C.A. (orig. ed.), § 57-218
  • Acts 1986, ch. 525, § 1
  • 2012, ch. 657, § 10.
§ 57-5-207. Failure to keep records or make reports — Refusal to permit examination of articles used to measure tax — Penalty.
  1. (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, packages, or articles used as the measure of the tax, and/or invoices, books, papers and memoranda at the request of the commissioner or the commissioner's authorized agent, representative or employee, or the failure of any such person to make or furnish any report which the commissioner is authorized to require when demanded by the commissioner, is a violation hereof.
  2. (b) Any person, firm, corporation, joint-stock company, syndicate or association violating this section is guilty of a Class C misdemeanor.
Backlinks (1)
History (5)
  • Acts 1933, ch. 69, § 9
  • C. Supp. 1950, § 1191.9
  • impl. am. Acts 1959, ch. 9, § 14
  • T.C.A. (orig. ed.), § 57-219
  • Acts 1989, ch. 591, § 113.
§ 57-5-208. Tax exemption for armed forces facilities.
  1. (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 United States armed forces.
  2. (b) The exemption of the tax herein made shall be effectuated by the department of revenue allowing wholesalers and breweries, duly licensed in Tennessee, credit for taxes paid on beer or ale sold to post exchanges, ship service stores, commissaries and messes operated and controlled by the United States armed forces, and which are instrumentalities of the government of the United States.
  3. (c) Such credit shall be allowed only upon application made therefor to the department by the wholesaler or brewery delivering beer or ale and upon a showing, by copy of the invoice with the signature of the officer in charge of such post exchange, ship service store, commissary or mess certifying that the beer or ale was sold to and delivered to the post exchange, ship service store, commissary or mess by such Tennessee wholesaler or brewery. In addition, the application shall be supported by such other evidence as the commissioner may by regulation require.
History (3)
  • Acts 1951, ch. 21, § 1 (Williams, § 1191.21)
  • impl. am. Acts 1959, ch. 9, § 14
  • T.C.A. (orig. ed.), § 57-220.
Part 3 Prohibited Acts
§ 57-5-301. Sales to minors or intoxicated persons prohibited — Employment of certain offenders prohibited — Hours of sale and consumption — Loitering by minors — Possession by minors unlawful — Signs on vendors' premises. [Effective until January 1, 2025. See the version effective on January 1, 2025.]
  1. (a)
    1. (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 permit holder, or any employee of the permit holder, a valid, government-issued document, such as a driver’s license, or other form of identification deemed acceptable to the permit holder, that includes the photograph and birth date of the adult consumer attempting to make a beer purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the permit holder. The permit holder or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of beer for off-premises consumption shall be made to a person who does not present such a document or other form of identification to the permit holder or any employee of the permit holder; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, as provided for a violation of this section if the sale was made to a person who is or reasonably appears to be over fifty (50) years of age and who failed to present an acceptable form of identification. Responsible vendors shall post signs on the vendor’s premises informing customers of the vendor’s policy against selling beer to underage persons. The signs shall be not less than eight and one-half inches by eleven inches (8½″ x 11″), and contain the following language: STATE LAW REQUIRES IDENTIFICATION FOR THE SALE OF BEER. Neither the person engaging in such business nor persons employed by that person shall be a person who has been convicted of any violation of the laws against possession, sale, manufacture and transportation of intoxicating liquor or any crime involving moral turpitude within the last ten (10) years.
    2. (2) A violation of subdivision (a)(1) is a Class A misdemeanor.
  2. (b)
    1. (1) No alcoholic beverage within the scope hereof shall be sold between twelve o’clock midnight (12:00) and six o'clock a.m. (6:00 a.m.). No such beverage shall be sold between twelve o’clock midnight (12:00) on Saturday and eleven fifty-nine o'clock p.m. (11:59 p.m.) on Sunday. No such beverage shall be consumed, or opened for consumption, on or about any premises licensed hereunder, in either bottle, glass, or other container, after twelve fifteen o'clock a.m. (12:15 a.m.). Any county by resolution of the governing body may extend the hours for the sale of beer; provided, however, that the hours for the sale of beer in “clubs” as defined in § 57-4-102, shall conform to those hours for the sale of liquor by the drink as provided in chapter 4 of this title.
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    2. (2) A violation of subdivision (b)(1) is a Class C misdemeanor.
    3. (3) This subsection (b) shall not affect the power of governing bodies of municipal corporations or of Class B counties by ordinance to fix the hours when such beverages may be sold within the incorporated limits of such respective municipalities or within the general services districts of Class B counties outside the limits of any smaller city as defined in § 7-1-101. Municipal corporations may authorize the sale of such beverages in their respective corporate limits on Sundays or at such hours as may be prescribed by ordinance. Class B counties may authorize the sale of such beverages on Sundays in their respective general services districts outside their urban services districts and outside the limits of any smaller city or cities or in their respective urban services districts or in both or at such hours as may be prescribed by ordinance.
    4. (4) The governing body of any county that has adopted liquor by the drink, as provided for in chapter 4 of this title, may fix the hours for the sale of beer within the county (that part of the county outside of incorporated municipalities). This subdivision (b)(4) shall not affect business establishments selling liquor by the drink and malt beverages as authorized by chapter 4 of this title.
    5. (5)
      1. (A) In any county in which an incorporated municipality has authorized the sale of liquor by the drink, as provided for in chapter 4 of this title, the hours for the sale of beer as defined in § 57-6-102, in that part of the county outside of incorporated municipalities and in all of its municipalities which have authorized the sale of liquor by the drink, shall be the same as the hours authorized by the rules and regulations promulgated by the alcoholic beverage commission for establishments selling liquor by the drink; provided, however, that the county legislative body of any such county and the governing body of each municipality within the county which has authorized the sale of liquor by the drink shall have the authority to extend the hours for the sale of beer as defined in § 57-6-102, within the territorial jurisdiction of each governing body. This subdivision (b)(5)(A) shall not apply to counties and municipalities that have legalized the sale of liquor by the drink by a county-wide referendum.
      2. (B) In any jurisdiction that has elected Tennessee River resort district status pursuant to § 67-6-103(a)(3)(F) and is considered a Tennessee River resort district for purposes of chapter 4, part 1 of this title, the hours for the sale of beer within the boundaries of any such resort district shall not be less than the hours authorized for establishments selling liquor or wine for on-premises consumption.
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  3. (c) It is unlawful for the management of any place where any beverage licensed hereunder is sold to allow any minor to loiter about such place of business, and the burden of ascertaining the age of minor customers shall be upon the owner or operator of such place of business.
  4. (d)
    1. (1)
      1. (A) It is unlawful and punishable as provided in § 57-5-303, for any minor to purchase or attempt to purchase any such beverage.
      2. (B)
        1. (i) In addition to any criminal penalty established in this section, a court in which a person younger than twenty-one (21) years of age but eighteen (18) years of age or older is convicted of the purchase or attempt to purchase or possession of beer in violation of this section shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction an order of denial of driving privileges for the offender.
        2. (ii) The court and the department of safety shall follow the same procedures and utilize the same sanctions and costs for an offender younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
    2. (2) Any person who purchases any such beverage for or on behalf of a person under twenty-one (21) years of age commits a Class A misdemeanor and, in addition to the punishment authorized by § 40-35-111, shall be punished pursuant to § 39-15-404.
    3. (3) Any person under twenty-one (21) years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is twenty-one (21) years of age or older to any person engaged in the sale of alcoholic beverages licensed hereunder for the purpose of purchasing or obtaining the same is guilty of a misdemeanor. In addition to any criminal penalty established by this subdivision (d)(3), a court in which a person younger than twenty-one (21) years of age but eighteen (18) years of age or older is convicted under this subdivision (d)(3) of a second or subsequent offense shall prepare and send to the department of safety, driver control division, within five (5) working days of the conviction, an order of denial of driving privileges for the offender for a period not to exceed one (1) year. The offender may apply to the court for a restricted driver license. The judge shall order the issuance of a restricted motor vehicle operator's license, in accordance with § 55-50-502. The court and the department shall follow the same procedures and utilize the same costs for a person younger than twenty-one (21) years of age but eighteen (18) years of age or older as provided in title 55, chapter 10, part 7, for offenders younger than eighteen (18) years of age but thirteen (13) years of age or older.
      1. (A) If the person violating this subdivision (d)(3) is less than eighteen (18) years of age, the person shall be punished by a fine of not less than fifty ($50.00) nor more than two hundred fifty dollars ($250) and not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. The fine imposed by this subdivision (d)(3)(A) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
      2. (B) If the person violating this subdivision (d)(3) is eighteen (18) years of age or older but less than twenty-one (21) years of age, the person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the local jail or workhouse for not less than five (5) days nor more than thirty (30) days. The penalties imposed by this subdivision (d)(3)(B) shall apply regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained.
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  5. (e)
    1. (1) It is unlawful for any person under twenty-one (21) years of age to have in the person's possession beer for any purpose, and it is unlawful for any such minor to transport beer for any purpose except the same be in the course of employment.
    2. (2) A violation of subdivision (e)(1) is a Class A misdemeanor.
    3. (3) Any person under twenty-one (21) years of age found to have violated subdivision (e)(1) shall, regardless of the final disposition of such violation, have the right to have the records, as defined in § 40-32-101, of such violation destroyed after the passage of six (6) months from the date of the violation. Such destruction shall occur upon motion of the person to the court which heard the violation and shall be without cost to such person.
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  6. (f) Vendors shall post signs on the vendor's premises informing customers of the vendor's policy against selling beer to underage persons. The signs shall be not less than eight and one-half inches by five and one-half inches (8½″ x 5½″), and shall contain the following language: IF YOU AREN'T 21 AND ARE IN POSSESSION OF BEER, YOU COULD LOSE YOUR DRIVER LICENSE.
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History (30)
  • Acts 1933, ch. 69, § 9a
  • 1935, ch. 170, § 3
  • 1943, ch. 53, §§ 2, 5
  • C. Supp. 1950, § 1191.10
  • Acts 1961, ch. 170, § 1
  • 1963, ch. 222, § 1
  • 1965, ch. 321, § 5
  • 1970, ch. 353, § 1
  • 1972, ch. 555, § 1
  • 1978, ch. 537, § 1
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • impl. am. Acts 1979, ch. 413, §§ 3, 4
  • T.C.A. (orig. ed.), § 57-221
  • Acts 1982, ch. 877, § 4
  • 1984, ch. 1006, §§ 4, 10, 18
  • 1985, ch. 321, §§ 2, 3
  • 1985, ch. 375, § 5
  • 1986, ch. 758, § 1
  • 1986, ch. 788, § 3
  • 1989, ch. 591, §§ 111, 113
  • 1991, ch. 473, § 4
  • 1996, ch. 641, § 5
  • 1997, ch. 423, §§ 1-3
  • 1998, ch. 780, § 1
  • 2006, ch. 864, § 12
  • 2006, ch. 900, § 2
  • 2006, ch. 986, §§ 3, 4, 6
  • 2008, ch. 877, §§ 1, 3
  • 2009, ch. 208, § 2
  • 2011, ch. 27, §§ 2, 3.
§ 57-5-303. Violation of law, rule or regulation — Penalties.
  1. (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 defined in § 57-5-101 is a Class C misdemeanor where the penalty is not otherwise fixed.
  2. (b) A violation of this section involving either unlawful possession or illegal transportation, or both, of over one hundred (100) cases of twenty-four (24) twelve ounce (12 oz.) cans of beer or other light alcoholic beverage, or the equivalent thereof with respect to quantity or the kinds of containers, is a Class E felony.
  3. (c) Upon the second conviction of any person engaging in a business regulated under this chapter of making, or permitting to be made, any sale of alcoholic beverages, beer or wine to a person under twenty-one (21) years of age in violation of this chapter, such person is guilty of a Class E felony. In addition, upon the second such conviction, the permit or license of such person shall be automatically and permanently revoked regardless of any other punishment actually imposed.
  4. (d) Each violation of this chapter shall constitute a separate and distinct offense.
Backlinks (1)
History (10)
  • Acts 1933, ch. 69, § 13
  • C. Supp. 1950, § 1191.16 (Williams, § 1191.17)
  • Acts 1965, ch. 321, § 6
  • 1969, ch. 299, § 2
  • 1972, ch. 448, § 3
  • 1979, ch. 256, § 2
  • impl. am. Acts 1979, ch. 413, §§ 1, 2
  • T.C.A. (orig. ed.), § 57-223
  • Acts 1984, ch. 1006, § 5
  • 1989, ch. 591, §§ 64, 65.
§ 57-5-304. Outdoor advertisement at retail beer establishments.
  1. (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 but does not use brand names, pictures, numbers, prices or diagrams relating to beer.
  2. (b) This section shall not apply to any sign, advertisement or display erected or maintained by or at the request of a temporary beer permittee or to any sports arena, stadium or entertainment complex.
History (2)
  • Acts 1988, ch. 487, § 1
  • 1996, ch. 641, § 6.
Part 4 Transportation
§ 57-5-401. Transportation of beer and light alcoholic beverages into state — Documents required — Carrier's tax liability.
  1. (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, showing the true name and address of the consignor, the true name and address of the licensed brewery, wholesaler or distributor to whom such beverages are to be delivered, and the quantity of such beverages, except a common carrier maintaining a permanent office within this state where complete records of all beer and/or other such beverages transported from without this state are kept and open to inspection by the commissioner or the commissioner's duly authorized agent at all reasonable times.
  2. (b) When any common carrier transporting beer as defined in § 57-5-101(b) to a point within this state or any insurance company insuring such products comes into possession of such products by virtue of the same being damaged or otherwise unaccepted by the consignee of such product, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner is furnished to the commissioner by such carrier or insurance company showing that such products have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state. The imposition of liability for the tax under the circumstances as hereinabove stated shall not be construed as authorizing the sale of such products in this state by either common carriers or insurance companies unless otherwise licensed to do so.
Backlinks (1)
History (5)
  • Acts 1969, ch. 299, § 3
  • 1973, ch. 6, § 2
  • T.C.A., § 57-224
  • Acts 1990, ch. 617, §§ 2, 3
  • 2014, ch. 861, § 11.
§ 57-5-402. Unauthorized change of consignee or place of delivery prohibited.
  1. (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 designated by such person offering the same for shipment, or for the purpose of directly or indirectly effecting a delivery thereof to any person not permitted to receive the same as consignee thereof, under this part, or of any rule or regulation of the commissioner, or to any person not the actual bona fide consignee thereof.
  2. (b) It is also unlawful for any person through any such carrier to deliver any such beverages to any person, or at any point or place other than the person and/or destination designated in the bill of lading or transportation contract therefor, or to accept for transportation and/or delivery any shipment of such beverages knowing that such shipment is intended for any person not permitted to receive the same under this part or any rule or regulation of the commissioner.
Backlinks (1)
History (2)
  • Acts 1969, ch. 299, § 3
  • T.C.A., § 57-225.
§ 57-5-404. Intrastate transportation without payment of tax unlawful — Documents required — Prima facie evidence of violation.
  1. (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 distributor in this state.
  2. (b) Any person engaged in transporting any beer and/or other such beverages on which the tax imposed in § 57-5-201 has not been paid from any point within this state to another point within this state shall possess during the entire time engaged in transporting such beverages an invoice, bill of sale or bill of lading showing the true name and address of the consignor, the true name and address of the licensed brewery, wholesaler or distributor to whom such beverages are to be delivered and the quantity of such beverages by character and contents of the containers.
  3. (c) If such person fails to produce an invoice or bill of sale or recorded evidence, or if when produced it fails to comply and accurately disclose such information, the same shall be prima facie evidence of the violation of this chapter.
Backlinks (1)
History (2)
  • Acts 1969, ch. 299, § 3
  • T.C.A., § 57-227.
§ 57-5-405. Documents required by other than common carrier, brewery, wholesaler or distributor making deliveries to customer.
  1. (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 regular deliveries of beer and/or other such beverages to their customers) shall possess, during the entire time the person is in possession of or is engaged in transporting such beverages within this state, an invoice, bill of sale or bill of lading showing the date of purchase or shipment, the true name and exact address of the seller or consignor and the true name and exact address of the purchaser or consignee. The burden of proof shall be upon the person possessing or transporting any such beverages to establish to the satisfaction of the collection officers that the invoice, bill of sale or bill of lading possessed by the person and offered as evidence that the tax thereon has been paid does, in fact, relate to the identical beverages then possessed or being transported.
  2. (b) Any property confiscated as contraband solely for failure to have the documents required by this section may be returned upon order of the commissioner, without the necessity of a hearing, upon a showing satisfactory to the department of revenue that taxes imposed by the state of Tennessee upon such items have been paid.
History (4)
  • Acts 1969, ch. 299, § 3
  • 1972, ch. 448, § 4
  • 1973, ch. 84, § 1
  • T.C.A., § 57-228.
§ 57-5-406. No purchases authorized from unlicensed seller — Defenses — Shipping, receiving or accepting packages with false or misleading statements unlawful.
  1. (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 of defense only that such purchaser did not in good faith know that the seller did not hold a license authorizing the seller to sell or agree to sell beer to the purchaser, and did not have reasonable ground to believe that the seller did not hold such license.
  2. (b) No person shall solicit or receive any order for any such beverages in violation of this part, or give any information of how the same may be obtained in violation of this part.
  3. (c) It is unlawful for any consignee to accept or receive any package containing any beer upon which appears any statement, label, address, superscription, shipping directions, legend or design known to the consignee to be false or misleading, or for any carrier or other person to consign, ship, transport, or deliver any such package, knowing any such statement, label, address, superscription, shipping directions, legend or design to be false or misleading.
  4. (d) It is unlawful for any person to make a false statement for the purpose of obtaining any such beverages to any railroad, express or transportation company or any person engaged in the business of transporting goods, wares, and merchandise for the purpose of obtaining the shipment, transportation or delivery of any beer and/or other such beverages.
Backlinks (1)
History (2)
  • Acts 1969, ch. 299, § 3
  • T.C.A., § 57-229.
§ 57-5-407. Interstate shipments through Tennessee excepted from part.
  1. 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.
History (2)
  • Acts 1969, ch. 299, § 3
  • T.C.A., § 57-230.
§ 57-5-408. Documents required for interstate shipment — Display and inspection.
  1. (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 shall have present and available for exhibition such bills of lading, evidence of ownership and/or shipment as the commissioner may by rule or regulation require.
  2. (b) No such person or driver of any vehicle, vessel, or craft shall refuse to exhibit or refuse to permit to be read and/or examined any such bill of lading, evidence of ownership and/or shipment, or refuse to permit examination of the cargo or vehicular contents by an agent or employee of the commissioner or any police officer, highway patrol officer, sheriff, deputy sheriff or duly authorized officer of a municipal corporation within this state or governmental division thereof. Each, any and all of such officers are entitled to demand, examine and/or read the same, and a refusal to produce the documents referred to in this section or voluntarily permit examination of cargo or vehicular contents is a violation of this part.
Backlinks (1)
History (2)
  • Acts 1969, ch. 299, § 3
  • T.C.A., § 57-231.
§ 57-5-409. Contraband — What constitutes — Confiscation.
  1. (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 confiscation by the commissioner or any duly authorized representative, highway patrol officer, sheriff or other peace officer.
  2. (b) Any beer or other beverages described in § 57-5-101 imported into this state, in transit within this state, or in possession of a person or firm within this state not in accordance with any of the requirements of § 57-5-104 (except permit requirements on wholesalers in counties or cities in which they do not have an established location or place of business), § 57-5-201, § 57-5-206, § 57-5-207, § 57-5-401, § 57-5-402, §§ 57-5-404 — 57-5-406, § 57-5-408 or § 57-5-414 and the rules and regulations promulgated under them are declared to be contraband, and it, along with any vehicle in which it is being transported which is not a common carrier, may be seized, either with or without a warrant, by the commissioner or any duly authorized representative, highway patrolman, sheriff, or other peace officer. Any beer or other beverages or vehicles so seized shall be delivered promptly to the department for disposition.
  3. (c) Any beer so seized may, in the discretion of the commissioner, be deposited with a duly licensed Tennessee wholesaler or distributor, located nearest to the site of the seizure, engaged in handling the particular brand of beer involved. Such deposit shall be evidenced by a receipt issued to the commissioner by such wholesaler or distributor, stating the quantity and brand name of such beer so deposited. The receipt may subsequently be exchanged with the wholesaler or distributor issuing it for salable beer of the same quantity and brand name by any person or persons who may be entitled thereto or to the proceeds of the sale thereof in accordance with this chapter. Such receipts shall be admissible as evidence in any administrative hearing or any civil or criminal court hearing or trial.
  4. (d) If, incidental to a confiscation of contraband as defined herein, there is discovered any intoxicating liquor deemed to be held or transported illegally within the purview of § 57-3-411, § 57-9-201 or § 57-9-202, the confiscating officer is hereby empowered and required to seize such liquor, notwithstanding the fact that such officer may not otherwise be empowered to take such action under such section. Any intoxicating liquor seized pursuant hereto shall be delivered promptly, as provided by § 57-3-411, § 57-9-201 or § 57-9-202, whichever is appropriate, to the alcoholic beverage commission for sale or disposition as contraband in accordance with chapters 2-4, or 6 of this title, whichever is appropriate.
Backlinks (6)
History (6)
  • Acts 1969, ch. 299, § 3
  • 1970, ch. 388, § 1
  • 1973, ch. 68, § 3
  • 1974, ch. 478, § 3
  • T.C.A., § 57-232
  • Acts 2014, ch. 861, § 12.
§ 57-5-410. Notification of seizure — Claims.
  1. (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 department or who, by reasonable examination of public records of titles and liens, should have been discovered. Such written notice shall state: a description of the property confiscated, the reason for confiscation, the method for seeking recovery, the time limit for seeking recovery, and the result of failure to seek or obtain recovery by the designated method. Such notice may be by personal delivery or by mail either of which may be made to the last known address of the interested party.
  2. (b) Any person claiming any property so seized as contraband goods may, within ten (10) days of such notice, and after executing a bond for costs with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250) made payable to the state of Tennessee, or upon executing a pauper's oath as provided by law, file with the commissioner at Nashville a claim in writing requesting a hearing and stating the person's interest in the property seized. The commissioner shall set a date for hearing within ten (10) days from the date the claim is posted or received.
  3. (c) In any hearing convened upon proper petition of an interested party, the initial burden shall be upon the state to show by a preponderance of the evidence that the property in question was of such nature or was used in such manner as to be declared as contraband. Upon meeting this burden, the property shall be forfeited as provided by law unless the claimant shall prove that the claimant is nevertheless qualified under this chapter, or otherwise, to recover the property in question.
  4. (d)
    1. (1) Whenever in any proceeding under this section a claim is filed for any vehicle, aircraft or boat seized, as hereinabove provided, the commissioner shall not allow the claim unless and until the claimant proves that:
      1. (A) The claimant has an interest in such vehicle, aircraft or boat, as owner or otherwise, which was acquired in good faith;
      2. (B) The claimant had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of this state relating to beer as defined in § 57-5-101(b); and
      3. (C) If it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or any state relating to beer as defined in § 57-5-101(b) has a right with respect to such vehicle, aircraft or boat, that before such claimant acquired the interest, or such other person acquired the right under such contract or agreement, whichever occurred later, the claimant, claimant's officer or agent, made inquiry and was informed, in answer to the inquiry at the headquarters of the sheriff, chief of police, principal federal internal revenue officer engaged in the enforcement of the beer laws, or other principal local or federal law enforcement officer of the locality in which such other person acquired the right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation.
      4. (2) Provided, however, that in the case of a first offense of violating this chapter, and after hearing provided for herein, subdivision (d)(1) may, in the discretion of the commissioner, be waived and claim of owner or lienholder may be honored.
  5. (e) The commissioner may designate a hearing officer from the department to conduct the hearings provided for in this section, who shall make findings of fact, conclusions of law, and proposed orders based thereon. If the commissioner concurs, the commissioner shall issue the order; or the commissioner may, upon review of the record, make such findings, conclusions, and issue such orders as, in the commissioner's discretion, the record justifies.
  6. (f) Pending any proceeding to recover any beer as defined in § 57-5-101(b) and/or any vehicle seized as contraband under this chapter, or pending any appeal of the action taken by the commissioner as a result of any such proceeding, the commissioner may order delivery thereof to any claimant who shall establish the right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the commissioner, and deliver to the commissioner, a bond in favor of the state of Tennessee for the payment of a sum double the appraised value thereof as of the time of the seizure. The condition of the bond shall be that the obligors shall pay to the state, through the department, the full value of the goods or property when seized, unless upon a final determination by the commissioner or the courts the property shall be awarded to the claimant. The full value of the goods or property seized shall be determined by the commissioner and such determination shall be presumed to be correct in the absence of any proof to the contrary being submitted by the claimant.
History (6)
  • Acts 1969, ch. 299, § 3
  • 1970, ch. 578, § 2
  • 1971, ch. 213, § 1
  • 1973, ch. 84, § 2
  • T.C.A., § 57-233
  • Acts 2014, ch. 861, §§ 13-15.
§ 57-5-411. Disposition of seized property — Application of proceeds — Taxes paid before delivery of property.
  1. (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, and the commissioner determines the products to be salable, the commissioner is authorized to order sale of the property in the manner as herein provided, applying the proceeds from the sale first to the costs incurred in the seizure and sale of such articles and the balance, if any, to the state general fund, to be apportioned as tax under § 57-5-205. In the case of any contraband property seized by any law enforcement officer of any incorporated municipality or of any county and turned over by them to the department for confiscation, there shall be paid to the municipality or to the county served by such officer fifty percent (50%) of the net proceeds thereof. Any such beer, other beverages or vehicles so seized and ordered sold by the commissioner shall be sold at public sale by the department of general services, and the procedure to be followed shall be the same as now authorized by law under § 67-4-1021. It shall be incumbent upon the commissioner to notify a Tennessee distributor handling the same brand(s) of beer and/or other such beverages as that seized of such seizure and impending sale. All confiscated beer, suitable for sale at retail, shall first be offered for sale to the Tennessee wholesaler located nearest the site of the seizure engaged in handling the particular brand of beer involved at the same per case price (state beer barrelage tax included) that the wholesaler would be required to pay for such beer at the brewery. All confiscated beer “suitable for sale at retail” not purchased within ten (10) days by the Tennessee wholesaler, after being notified that such beer had been confiscated and was being offered for sale to such wholesaler, then shall be sold at public sale by the department of general services.
  2. (b) The seventeen percent (17%) wholesale beer tax as authorized in § 57-6-103 shall be added to the public sale price and the funds derived shall be remitted to the city in which the public sale is held. “Suitable for sale at retail” is determined by the commissioner.
  3. (c) The commissioner, before delivering any seized property to the successful bidder, shall require any tax due thereon to be paid to the department of revenue. Any seized beer or other beverages not sold within ninety (90) days following hearing, or declared to be unsalable by the commissioner, shall be destroyed by the commissioner in a manner which the commissioner may prescribe.
History (7)
  • Impl. am. Acts 1959, ch. 9, § 5
  • impl. am. Acts 1961, ch. 97, § 5
  • Acts 1969, ch. 299, § 3
  • 1972, ch. 448, § 5
  • impl. am. Acts 1972, ch. 543, § 7
  • Acts 1973, ch. 68, § 8
  • T.C.A., § 57-234.
§ 57-5-412. Costs and fees of hearing.
  1. (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 sheriffs shall be advanced or collected as provided in the case of witnesses attending upon cases in courts of record, and the service of subpoenas requiring their attendance and testimony.
  2. (b) If, upon the hearing, the claimant shall be found by the commissioner, or the commissioner's authorized representative, to be guilty of the matters charged, all of the costs provided for in subsection (a) shall be taxed and charged against the claimant, but if the charge against such claimant shall be dismissed, then such costs shall be paid by the commissioner out of the funds collected under this chapter, after approval by the commissioner, and shall be and constitute lawful expenditures hereunder.
History (2)
  • Acts 1969, ch. 299, § 3
  • T.C.A., § 57-235.
§ 57-5-413. Review of action of commissioner.
  1. 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 grant of the writ of certiorari, the commissioner shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commissioner. The decision of the commissioner shall be reviewed solely upon the pleadings and transcript of the proceedings before the commissioner, and neither party shall be entitled to introduce any additional evidence in the court. The scope of any review proceedings involving persons already licensed as Tennessee beer wholesalers under this chapter shall be governed by § 57-5-108 instead of the procedure set forth herein.
History (3)
  • Acts 1969, ch. 299, § 3
  • 1973, ch. 84, § 3
  • T.C.A., § 57-236.
§ 57-5-414. Inspection of products, records, documents and premises — Violation.
  1. 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 ascertaining whether or not the tax levied under this chapter has been paid, or in determining the amount of such tax due. No licensed distributor or dealer shall be permitted to claim any part of the premises whereon the business was conducted to be exempt from inspection as being the licensed distributor's or dealer's dwelling or home, the application for certificate of registration under this chapter being declared an express waiver of such claim. All persons failing to permit the examination of such products, invoices, books and other memoranda, including the general books, both operating and proprietary ledgers, etc., or interfering with the orderly inspection or examination thereof, or failing to file such reports as may be required by the commissioner, is guilty of a misdemeanor.
Backlinks (1)
History (2)
  • Acts 1969, ch. 299, § 3
  • T.C.A., § 57-237.
§ 57-5-415. Enforcement authorities.
  1. (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 warrants may be levied by sheriffs and other peace officers. Inspectors, agents, representatives or officers appointed by the commissioner shall be cloaked with and have the duty, power and authority as a police officer to enforce the revenue provisions of this chapter and in the illegal traffic of untaxed beer products. The highway patrol shall likewise have concurrent authority to assist in the enforcement of this chapter and in the illegal traffic of untaxed beer products.
  2. (b) Any duly authorized representative or employee of the department who has been specifically designated by the commissioner to enforce § 57-5-409 is hereby authorized and empowered to go armed or carry a pistol while on active duty engaged in enforcing § 57-5-409.
History (4)
  • Acts 1969, ch. 299, § 3
  • 1970, ch. 578, § 3
  • 1971, ch. 288, § 1
  • T.C.A., § 57-238.
§ 57-5-416. Storage at location other than specific retail location for which purchased unlawful.
  1. 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 retail location at any place other than that specific retail location.
History (3)
  • Acts 1971, ch. 21, § 1
  • T.C.A., § 57-239
  • Acts 2018, ch. 933, § 4.
Part 5 Beer Wholesaler-Supplier Relations
§ 57-5-501. Purpose.
  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. (1) Motivates suppliers and wholesalers to devote reasonable efforts and resources to the sale, distribution and quality control of beer in this state;
    2. (2) Provides for the private settlement of disputes between suppliers and wholesalers as an alternative to civil litigation, which would consume the time and resources of the parties and the judicial system; and
    3. (3) Promotes public health, safety and welfare.
History (1)
  • Acts 1990, ch. 618, § 1.
§ 57-5-502. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (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 percent (5%) by weight or less sold by a supplier;
    2. (2) “Ancillary business” means:
      1. (A) A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing or marketing of the supplier's products; or
      2. (B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, which recycles empty beverage containers;
    3. (3) “Designated member” means:
      1. (A) The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest in a wholesaler;
      2. (B) Any person who inherits an ownership interest in a wholesaler;
      3. (C) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an interest in a wholesaler; or
      4. (D) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an interest in a wholesaler;
    4. (4) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under § 47-2-103(1)(b);
    5. (5) “Person” means any individual, partnership, corporation, association, syndicate, or any other combination of individuals;
    6. (6) “Reasonable standards and qualifications” means those criteria established and consistently applied by a supplier to wholesalers in Tennessee and adjoining states who:
      1. (A) Have entered into, continued or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business; or
      2. (B) Have changed managers or successor managers during a period of twenty-four (24) months prior to the proposed change in manager or successor manager of the wholesaler's business;
    7. (7) “Retaliatory action” includes, but is not limited to, the refusal to continue an agreement or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith;
    8. (8) “Substantial stockholder” or “substantial partner” means a stockholder of or partner in the wholesaler who owns an interest of ten percent (10%) or more of the partnership or of the capital stock of a corporate wholesaler;
    9. (9) “Supplier” means a manufacturer or importer of beer;
    10. (10) “Transfer of wholesaler's business” or “transfer of the wholesaler's business” means the voluntary sale, assignment or other transfer of all or control of the business, or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler; and
    11. (11) “Wholesaler” means a person or entity that sells beer to retailers, but does not include any manufacturer authorized to sell directly to retailers pursuant to § 57-5-101.
History (3)
  • Acts 1990, ch. 618, § 2
  • 2014, ch. 861, §§ 18, 19
  • 2015, ch. 19, § 4.
§ 57-5-503. Prohibitions.
  1. The following are prohibited under this part:
    1. (1) A wholesaler shall not:
      1. (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
      2. (B) Transfer the wholesaler's business without receiving the supplier's written approval for the proposed transfer, where required by an agreement and consistent with this part;
    2. (2) A supplier shall not:
      1. (A) Coerce, or attempt to coerce, any wholesaler to do any illegal act or to violate any law or regulation either by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and the wholesaler, or by any other means;
      2. (B) Coerce, or attempt to coerce, any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler or, if ordered, has been cancelled by the wholesaler in accordance with reasonable cancellation procedures of the supplier. A supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other wholesalers in Tennessee and adjoining states having an agreement with the supplier;
      3. (C) Withhold delivery of beer ordered by a wholesaler or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith;
      4. (D) Require a wholesaler to purchase one (1) or more brands of beer or other products in order for the wholesaler to purchase another brand or brands of beer for any reason. If a wholesaler has agreed to distribute a brand or brands before March 1, 1990, that wholesaler shall continue to distribute the brand or brands in conformance with this part;
      5. (E) Require a wholesaler to assent to any condition, stipulation or provision unreasonably limiting the wholesaler's right to sell a brand or brands of beer or other products of any other supplier;
      6. (F) Require a wholesaler to submit audited financial information, including, but not limited to, profit and loss statements, balance sheets, financial records or specific information regarding competitive brands, as a condition of renewal or continuation of an agreement;
      7. (G) Require a wholesaler by any means to participate directly in or contribute to any local or national advertising fund or purchase any merchandising material controlled either directly or indirectly by the supplier;
      8. (H) Require a wholesaler to terminate the designation of an individual as a manager or successor manager without just cause. A supplier has just cause to require termination of the designation of an individual as a manager or successor manager only if the person designated by the wholesaler fails to meet reasonable standards and qualifications. In any action challenging such termination, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications;
      9. (I) Take any retaliatory action against a wholesaler who files a complaint with any regulatory body or in any court of law regarding an alleged violation by the supplier of federal, state or local law or of any administrative rule; or
      10. (J) Threaten to cancel or withhold credit, or to reduce the time period normally given the wholesaler to make payment on a delivery from the supplier as a means of compelling the wholesaler to meet certain standards of performance in any area of business not directly related to credit.
History (1)
  • Acts 1990, ch. 618, § 3.
§ 57-5-504. Transfer of wholesaler's business.
  1. (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 the supplier written notice of the transferee's ownership interest within a reasonable time after the transfer is completed.
  2. (b) A supplier's consent shall not be required for any transfer of the wholesaler's business to a designated member or for any transfer of less than control of the wholesaler's business; however, a supplier's written consent shall be required for any transfer of the wholesaler's business to a person other than a designated member.
  3. (c) Notwithstanding subsection (b), written consent from a supplier shall be required for any transfer of the wholesaler's business to a designated member or other transferee if any of the following conditions apply:
    1. (1) The transferee or any owner of the transferee has been convicted of a felony under the United States Code or the laws of any state which would adversely affect the good will or interests of the wholesaler or supplier;
    2. (2) The transferee or any owner of the transferee has had a previous alcoholic beverage license revoked or suspended by the regulatory agency of the United States government or any state, whereby service was interrupted for more than ninety (90) days;
    3. (3) The transferee or any owner of the transferee is insolvent or has filed any voluntary or involuntary petition under any bankruptcy or receivership laws, or has executed an assignment for the benefit of creditors; or
    4. (4) The transferee or any owner of the transferee has had any previous agreement with the supplier involuntarily terminated, cancelled, discontinued or not renewed by the supplier for good cause.
  4. (d) If the transferee is a designated member, a supplier shall not interfere with, prevent or unreasonably delay the transfer of the wholesaler's business. An unreasonable delay is one that exceeds thirty (30) days after the intended date of transfer as set forth in the notice required by subsection (a).
  5. (e) If the transferee is not a designated member, a supplier may not withhold consent or unreasonably interfere with or delay the transfer if the transferee meets reasonable standards and qualifications which are nondiscriminatory and material. An unreasonable delay is one that exceeds thirty (30) days after the receipt of all material information reasonably requested. The supplier shall have the burden of proving that the proposed transferee does not meet such standards and qualifications.
Backlinks (1)
History (1)
  • Acts 1990, ch. 618, § 4.
§ 57-5-505. Termination or modification of agreement with wholesaler by supplier upon written notice — Conditions.
  1. (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. (1) Revocation of a governmental permit held by the wholesaler, whereby the wholesaler cannot service the wholesaler's sales territory for a period of more than sixty (60) days;
    2. (2) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler, where such condition materially affects the wholesaler's ability to remain in business;
    3. (3) Fraud by the wholesaler in dealings with the supplier or its products that adversely affects the interests of the supplier;
    4. (4) Violation of § 57-6-104(f), if it was done at the direction or with the knowledge of a substantial stockholder or substantial partner. If a governmental permit held by a wholesaler is suspended temporarily so that the wholesaler cannot service its sales territory for a brand or brands, then upon agreement of the supplier of that brand or brands and the wholesaler whose permit has been suspended, another wholesaler who handles the same brand or brands can service the sales territory during the period of suspension; or
    5. (5) The wholesaler has failed to pay for beer ordered and delivered in accordance with established terms with a supplier and fails to make full payment within five (5) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.
  2. (b) Where the wholesaler notifies the supplier in writing by certified mail of the wholesaler's intent to cease distribution of a brand sold by the supplier, the supplier can amend, modify, terminate, cancel, discontinue or fail to renew the agreement immediately with respect to that brand.
Backlinks (2)
History (1)
  • Acts 1990, ch. 618, § 5.
§ 57-5-506. Termination or modification of agreement with wholesaler by supplier in not less than 30 days upon written notice — Conditions.
  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. (1) The supplier discontinues production or discontinues distribution in this state of a brand sold by the supplier to the wholesaler.
      1. (A) Nothing in this section shall prohibit a supplier from conducting test marketing of a new brand of beer or a brand of beer which is not currently being sold in this state; provided, that the supplier has notified the state in writing of its plans to conduct test marketing, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place.
      2. (B) If a supplier discontinues production or distribution in this state of a brand pursuant to this section, then that supplier cannot reintroduce that brand into this state for a period of twelve (12) months after providing the written notice required by this section.
      3. (C) Whenever a supplier discontinues production or distribution in this state of a brand, the supplier shall be required at the wholesaler's request to purchase from the wholesaler any unsold inventory of the brand; or
    2. (2) A stockholder or a partner of the wholesaler has been convicted of a felony under the United States Code or the laws of any state which would adversely affect the good will or interests of the wholesaler or supplier. If another stockholder or other stockholders, or partner or partners, or a designated member or members notifies the supplier in writing within thirty (30) days after the conviction of an intent to purchase the partnership interest or the stock of the offending stockholder or partner and purchases the interest or stock within a reasonable time after notice is given, then this subdivision (2) shall not apply. Any purchase of an interest or stock pursuant to this subdivision (2) will be subject to the requirements of supplier consent contained in § 57-5-504.
Backlinks (2)
History (1)
  • Acts 1990, ch. 618, § 6.
§ 57-5-507. Termination or modification of agreement with wholesaler by supplier — Prerequisites.
  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 requirements:
    1. (1) The supplier shall give written notice to the wholesaler, as provided in § 57-5-508, not less than ninety (90) days prior to the effective date of the amendment, modification, termination, cancellation, discontinuance or nonrenewal;
    2. (2) The supplier acts in good faith. The supplier shall have the burden of proving that it acted in good faith;
    3. (3) The supplier has good cause. In any action challenging the supplier's action under this section, the supplier shall have the burden of proving that it has good cause. Good cause exists when all of the following have occurred:
      1. (A) The wholesaler has failed to comply substantially with essential and reasonable requirements imposed upon the wholesaler by the agreement, if such requirements are not discriminatory, either by their terms or in the methods of their enforcement, as compared with requirements imposed on other wholesalers in Tennessee or adjoining states and if such requirements are not in violation of any law or regulation;
      2. (B) The supplier first acquired knowledge of the failure described in subdivision (3)(A) not more than twenty-four (24) months before the date notification was given pursuant to this section;
      3. (C) The supplier has given written notice to the wholesaler, stating specifically the manner in which the wholesaler has failed to comply with the agreement; and
      4. (D) The wholesaler was given adequate opportunity to use good faith efforts to correct the failure to comply with the agreement. Adequate opportunity shall be thirty (30) days to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days after the thirty-day period to correct the failure in accordance with the plan.
Backlinks (1)
History (1)
  • Acts 1990, ch. 618, § 7.
§ 57-5-508. Termination or modification of agreement with wholesaler by supplier — Notice.
  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. (1) A statement of intention to amend, modify, terminate, cancel, discontinue or refuse to renew the agreement;
    2. (2) A statement of the reason(s) for the amendment, modification, termination, cancellation, discontinuance or nonrenewal; and
    3. (3) The date on which the amendment, modification, termination, cancellation, discontinuance or nonrenewal will take effect.
Backlinks (3)
History (1)
  • Acts 1990, ch. 618, § 8.
§ 57-5-509. Disputes — Arbitration.
  1. 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 judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A wholesaler has the absolute right to refuse to arbitrate any dispute arising under this part.
History (1)
  • Acts 1990, ch. 618, § 9.
§ 57-5-510. Legal remedies.
  1. (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 as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages, all court costs, and, in the court's discretion, attorney's fees, reasonably incurred as a result of the prohibited conduct. Actual damages shall include damages to any ancillary business of the wholesaler incurred as a result of the prohibited conduct.
  2. (b) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this part.
  3. (c) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this part.
  4. (d) The remedies provided by this section shall not abolish any other cause of action or remedy available to the supplier or the wholesaler.
  5. (e) Any legal action taken under this part, or pursuant to a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement, shall be filed in a court, state or federal, located in Tennessee, which state court is located in, or which federal court has jurisdiction and venue of, the county in which the wholesaler maintains its principal place of business in this state.
History (1)
  • Acts 1990, ch. 618, § 10.
§ 57-5-511. Waiver of rights by wholesaler prohibited — Voluntary settlement of disputes.
  1. 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 obligations created by this part, or the performance by a party of its obligations, the parties may enter into a written voluntary settlement of the dispute.
History (1)
  • Acts 1990, ch. 618, § 11.
§ 57-5-512. Applicability.
  1. (a) This part applies to agreements in existence on March 1, 1990, as well as agreements entered into or renewed after that date.
  2. (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 of the agreement with the supplier in effect on the date of the transfer.
  3. (c) If a particular brand or brands of beer are transferred by purchase or otherwise from one supplier to another, the new supplier shall be bound by all terms and conditions of each agreement of the previous supplier with respect to that brand or brands in effect on the date of the transfer as a condition of continuing to sell that brand or brands in this state.
  4. (d) An agreement to purchase and sell a brand of beer shall include the right to purchase and sell each other beer marketed under the same principal brand name or trademark, regardless of any variation in any other words, names, symbols or devices used to identify such beers and regardless of any differences in the packaging, formulation or production of such beers. Notwithstanding the foregoing, an agreement to purchase and sell a brand of beer shall not include the right to purchase and sell any other beer solely as a result of the use of the manufacturer's or importer's trade name in both such beers' packaging, so long as such trade name is not part of the beers' principal brand name or trademark.
  5. (e) This part shall only be applicable to agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content of five percent (5%) by weight or less. All agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content greater than five percent (5%) by weight shall be governed by title 47, chapter 25, part 15.
History (4)
  • Acts 1990, ch. 618, § 12
  • 1994, ch. 663, § 1
  • 1996, ch. 748, § 1
  • 2014, ch. 861, § 23.
Part 6 Tennessee Responsible Vendor Act of 2006
§ 57-5-601. Short title.
  1. This part shall be known and may be cited as the “Tennessee Responsible Vendor Act of 2006.”
History (1)
  • Acts 2006, ch. 864, § 2.
§ 57-5-602. Legislative intent.
  1. It is the intent of the legislature through this part:
    1. (1) To eliminate the sale of beer for off-the-premises consumption to, and consumption of beer by, underage persons;
    2. (2) To reduce intoxication and to reduce accidents, injuries, and deaths in the state that are related to intoxication;
    3. (3) To encourage vendors to be prudent in their selling practices of beer, and to restrict or reduce the sanctions that may be imposed in administrative proceedings by local beer boards against those vendors who voluntarily comply with responsible practices in accordance with this part; and
    4. (4) To uniformly apply all provisions in this part statewide, including training, certification and the imposition of penalties or other sanctions for violations of this part, and that no variations from the provisions on training, certification or penalties are permissible.
History (1)
  • Acts 2006, ch. 864, § 3.
§ 57-5-603. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Beer” has the same meaning as defined in § 57-5-101(b);
    2. (2) “Beer board” means any entity issuing beer permits for off-premise consumption, pursuant to part 1 of this chapter;
    3. (3) “Certified clerk” means a clerk who has successfully satisfied the training requirements contained in this part, and who has received certification from a responsible vendor training program;
    4. (4) “Clerk” means any person working in a capacity to sell beer directly to consumers for off-premise consumption;
    5. (5) “Commission” means the alcoholic beverage commission;
    6. (6) “Responsible vendor” means a vendor that has received certification from the commission pursuant to this part;
    7. (7) “Responsible vendor training program” means a training program related to the responsible sale of beer for off-premise consumption that has met all the statutory and regulatory requirements set forth in this part, and in commission rules and regulations; and
    8. (8) “Vendor” means a person, corporation or other entity that has been issued a permit to sell beer for off-premise consumption.
History (1)
  • Acts 2006, ch. 864, § 4.
§ 57-5-604. Authority of commission.
  1. 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 list of certified clerks and clerks not eligible for certification.
History (1)
  • Acts 2006, ch. 864, § 5.
§ 57-5-605. Vendor certification — Rules and regulations — Monitoring and enforcing compliance — Statistical reports by beer boards and commission.
  1. (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, the commission shall certify the vendor as a responsible vendor. Certification as a responsible vendor shall be renewed every year. Responsible vendors may have their own training programs certified, or send their employees to any training program certified by the commission.
  2. (b) The commission shall adopt rules and regulations for monitoring compliance by responsible vendors and for revoking or suspending a responsible vendor's certification for noncompliance with this part.
  3. (c) The commission is authorized to monitor and enforce compliance with this part. The commission may impose fines on responsible vendors whose training programs fail to satisfy or maintain the requirements of this part or commission rules. The commission may further impose fines on vendors who hold themselves out as being a responsible vendor when in fact they do not hold that status. The commission may also impose fines on responsible vendors who willfully fail to comply with the requirements of this part.
  4. (d) Determination of compliance with the responsible vendor program is the sole province of the commission.
  5. (e)
    1. (1) As used in this subsection (e), “beer board” means the local legislative body or committee appointed by the local legislative body having authority to issue licenses or permits under this chapter.
    2. (2) To the extent the beer board has access to the information required pursuant to this subsection (e), the beer board shall file with the alcoholic beverage commission an annual statistical report by February 1 of each year based on the previous calendar year’s information detailing the following:
      1. (A) The total number of beer permits or licenses issued by the beer board for off-premises consumption;
      2. (B) The number of violations for the sale of beer for off-premises consumption to a person under twenty-one (21) years of age resulting from:
        1. (i) A “sting” conducted pursuant to § 39-15-413; and
        2. (ii) Arrests made under conditions not related to a “sting”;
      3. (C) Whether the violation of subdivision (B) occurred at an establishment participating in the responsible vendor program;
      4. (D) Whether if a “sting” was conducted pursuant to § 39-15-413 at an establishment participating in the responsible vendor program, the underage person used in the “sting” was unsuccessful in making the purchase;
      5. (E) The type and number of violations other than the sale of beer for off-premises consumption to a person under twenty-one (21) years of age occurred at establishments selling beer for off-premises consumption;
      6. (F) The name of the license or permit holder at the location where the violation occurred; and
      7. (G) The specific penalty imposed by the beer board for each violation upon a finding that a violation occurred.
    3. (3) The alcoholic beverage commission shall compile the statistical information received from the beer boards and file a report with the state and local government committee of the senate and the state government committee of the house of representatives by March 15 of the year in which the report is received, together with recommendations for legislative changes related to the responsible vendor program, if any are recommended by the commission.
    4. (4) The report made pursuant to subdivision (3) shall be made available by the alcoholic beverage commission to any person filing a written request for a copy of the report.
History (3)
  • Acts 2006, ch. 864, § 6
  • 2012, ch. 964, § 1
  • 2013, ch. 236, § 68.
§ 57-5-606. Qualification for responsible vendor status.
  1. In order to qualify for responsible vendor status, the vendor shall comply with the following requirements:
    1. (1)
      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 employment is for the first time, after rehiring, or for a different responsible vendor. Responsible vendors shall, prior to employing a clerk, verify with the commission that the clerk is eligible for certification;
      2. (B) Each clerk shall successfully complete the responsible vendor training program and after doing so, receive a certificate of completion from the program trainer in a format that is in accordance with rules promulgated by the commission. The training program shall be a minimum of one (1) hour of instruction. A clerk shall not be authorized to sell beer for off-premise consumption, unless the clerk has successfully completed the responsible vendor training program and has received a certificate of completion or is within sixty-one (61) days of the date of hire. The original certificate of completion shall be maintained by the responsible vendor employing the clerk. The responsible vendor shall provide the commission with the names and other identifying information as required by the commission, of certified clerks within twenty-one (21) days of the date of training; and
      3. (C) Each clerk shall be issued a name badge by the responsible vendor employer. The name badge must have the clerk's first name clearly visible. Clerks shall wear this name badge at all times during which they are on duty;
    2. (2) Provide instruction for its employees approved by the commission, which shall include the following:
      1. (A) Laws regarding the sale of beer for off-premise consumption;
      2. (B) Methods of recognizing and dealing with underage customers; and
      3. (C) Procedures for refusing to sell beer to underage customers and for dealing with intoxicated customers;
    3. (3) Require all certified clerks to attend at least one (1) annual meeting, at which the responsible vendor shall disseminate updated information prescribed by the commission and the responsible vendor policies and procedures related thereto. In order for the clerk's certification to remain valid, the clerk must attend an annual meeting each year following the clerk's original certification; and the responsible vendor must keep records thereof. Responsible vendors shall notify the commission if a certified clerk does not attend an annual meeting as required by this section. The commission may, at any time, require responsible vendors to disseminate to certified clerks information from the commission that is related to changes in state law or commission rules; and
    4. (4) Maintain employment and all responsible vendor training records of all clerks.
Backlinks (2)
History (3)
  • Acts 2006, ch. 864, § 7
  • 2008, ch. 877, § 2
  • 2019, ch. 136, § 3.
§ 57-5-607. Loss of certification for sale to minor.
  1. 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 determination. Beer boards shall report the names of such clerks to the commission within fifteen (15) days of finding that a sale to a minor occurred. The commission shall notify the responsible vendor of their certified clerks who have lost their certification within fifteen (15) days of notification by the beer board.
History (1)
  • Acts 2006, ch. 864, § 8.
§ 57-5-608. Suspension or revocation of certification.
  1. (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 within sixty-one (61) days of the date of hire at the time of the violation.
  2. (b) Notwithstanding subsection (a), the commission shall revoke the certification of a vendor certified as a responsible vendor, if the vendor had knowledge of the violation or should have known about the violation, or participated in or committed the violation. If the commission revokes a vendor's certification under this section, the vendor shall be penalized for the violation by the beer board as if the vendor were not certified as a responsible vendor.
  3. (c) Notwithstanding subsection (a) or any other law, the commission shall revoke the vendor's status as a certified responsible vendor, if the vendor has two (2) violations within a twelve-month period. The revocation shall be for a period of three (3) years.
Backlinks (1)
History (1)
  • Acts 2006, ch. 864, § 9.
§ 57-5-609. Responsible vendor fees — Responsible vendor certification fund.
  1. (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 at the time a responsible vendor applies to the commission for certification. The fees shall be as follows:
    1. (1) 0-15 certified clerks - $25.00;
    2. (2) 16-49 certified clerks - $75.00;
    3. (3) 50-100 certified clerks - $150; and
    4. (4) Over 100 certified clerks - $250.
  2. (b) The fees shall be deposited by the commission in a special agency account to be known as the responsible vendor certification fund, referred to in this part as the fund.
  3. (c) Any fund balance remaining unexpended at the end of a fiscal year shall be carried forward into the subsequent fiscal year and shall continue to be preserved for the administration of the vendor certification program.
  4. (d) Interest accruing on investments and deposits of the fund shall be carried forward into the subsequent fiscal year.
  5. (e) Moneys in the fund shall be invested by the state treasurer in accordance with § 9-4-603. The fund shall be administered by the commission.
  6. (f) Moneys in the fund shall only be expended and obligated in accordance with appropriations made by the general assembly for the purposes as provided in this part.
History (1)
  • Acts 2006, ch. 864, § 10.
Chapter 6 Wholesale Taxes
Part 1 Wholesale Beer Tax
§ 57-6-101. Short title.
  1. This part shall be known as the “Wholesale Beer Tax Act.”
History (2)
  • Acts 1953, ch. 76, § 1 (Williams, § 1051.18)
  • T.C.A. (orig. ed.), § 57-301.
§ 57-6-102. Part definitions.
  1. For the purposes of this part:
    1. (1) “Beer” means the beverage defined in § 57-5-101(b);
    2. (2) “County” means that portion of a county outside the corporate limits of municipalities therein;
    3. (3) “Department” means the department of revenue;
    4. (4) “Gross tax” means the amount of tax collected by a wholesaler;
    5. (5) “Municipality” means any town, city or taxing district incorporated under the laws of this state;
    6. (6) “Net tax” means the amount of tax to be paid to a county or municipality after deduction of the percentage due the department and the percentage retained by a wholesaler;
    7. (7) “Person” means any individual, partnership, corporation, association, syndicate, or any other combination of individuals;
    8. (8) “Quality control standard” means a standard under which a wholesaler determines whether beer is marketable due to product deterioration or due to improper packaging or handling by the manufacturer or wholesaler;
    9. (9) “Retailer” means a person who sells beer for consumption and not for resale;
    10. (10) “Wholesale” or “wholesale sale” means a sale, gift, or other transfer and delivery of beer by a wholesaler to any person other than another wholesaler, but there shall not be included within the meaning of either term any gratuitous dispensing of beer by a brewery of its own manufacture which is consumed on the premises; and
    11. (11) “Wholesaler” means a person or entity that sells beer to retailers, including any manufacturer authorized to sell directly to retailers pursuant to § 57-5-101.
Backlinks (12)
History (11)
  • Acts 1953, ch. 76, § 2 (Williams, § 1051.19)
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1969, ch. 171, § 1
  • 1969, ch. 212, § 2
  • T.C.A. (orig. ed.), § 57-302
  • Acts 1983, ch. 229, § 8
  • 1986, ch. 524, § 1
  • 1988, ch. 466, § 1
  • 1990, ch. 618, § 13
  • 2005, ch. 298, § 4
  • 2015, ch. 19, § 5.
§ 57-6-103. Levy of tax — Disposition — Collection.
  1. (a) There is hereby imposed on the sale of beer at wholesale a tax equal to thirty-five dollars and sixty cents ($35.60) per barrel of thirty-one liquid gallons (31 gals.) of beer sold. The tax upon barrels containing more or less than thirty-one gallons (31 gals.) shall be taxed at a proportionate rate. Every wholesaler, on or before the twentieth day of each month, based on wholesale sales in the preceding calendar month, shall remit to each county the amount of the net tax on such person's wholesale sales to retailers and other persons in the county, and to each municipality the amount of the net tax on such person's wholesale sales to retailers and other persons within the corporate limits of the municipality.
  2. (b) For the purpose of this chapter, all sales made by wholesalers at the wholesalers' places of business as well as any sale or transfer contemplated by [former] § 57-5-101(c)(2) [repealed] by a manufacturer operating as a retailer to a location owned or operated by such manufacturer-retailer, shall be deemed to be wholesale sales and the tax herein imposed shall be collected on all such sales.
  3. (c) The tax collected on any such sales made to licensed retailers shall be paid to the county or municipality in which the retailer's place of business is located, and the tax on all other sales made at the wholesaler's place of business shall be paid to the county or city in which the wholesaler's place of business is located.
  4. (d) Seventeen cents (17¢) of the gross tax owed per barrel shall be remitted at the same time to the department, to be kept in a special fund and to be used only for expenses of the department in the administration of this chapter.
  5. (e) Ninety-two cents (92¢) of the gross tax owed per barrel shall be retained by the wholesaler or manufacturer operating as a retailer to defray the cost of collecting and remitting the tax.
  6. (f) Any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census may, by ordinance of its legislative body, designate the county clerk as the collector of the tax herein authorized for the entire metropolitan taxing jurisdiction.
  7. (g)
    1. (1) A municipality that is annexing territory by extension of its corporate limits or a new incorporating municipality shall provide written notice of the date of the annexation or incorporation and the name and address of each retailer located in the annexed or newly incorporated territory to each wholesaler selling beer within the annexed or newly incorporated territory. The municipality shall deliver the written notice to the wholesaler's representative designated pursuant to § 57-5-105(c)(6). The tax imposed by this section shall be due to the municipality beginning with the first full calendar month after receipt of the notice required by this subsection (g) and thereafter.
    2. (2) Taxes paid to a county pursuant to this section on sales to a retailer made before January 1, 2000, shall be deemed to satisfy any obligations that the wholesaler may have to pay taxes on the same sales to such municipality that has annexed or newly incorporated the territory where the retailer is located.
Backlinks (7)
History (6)
  • Acts 1953, ch. 76, § 3 (Williams, § 1051.20)
  • T.C.A. (orig. ed.), § 57-303
  • Acts 1983, ch. 234, § 1
  • 1994, ch. 758, § 2
  • 1999, ch. 47, § 1
  • 2013, ch. 189, §§ 1-7.
§ 57-6-104. Wholesale prices, container sizes, and sales territories — Regulations — Information declared public record.
  1. (a) Each wholesaler shall maintain a wholesale price list, and shall file the list with the department and with the tax collecting official of each county and municipality wherein the wholesaler makes wholesale sales. Notice of any change in such price list shall be delivered to the department and the tax collecting official of each county and municipality as aforementioned. Notices required herein shall be filed as follows:
    1. (1) In case of a new business or a wholesaler acquiring a new brand not previously distributed, a price list shall be filed within five (5) days after either occurrence; and
    2. (2) In case of any change in an existing price list previously filed, a revised price list shall be filed at least three (3) days prior to the effective date of any change.
  2. (b) A wholesaler shall not be permitted to file a wholesale price list that reduces the price of beer on quantity sales by brand, container, material and category even though the quantity wholesale price is uniform to all retailers and to all other persons. The price shall be fixed on each brand sold by container, material and category. It shall be the same price regardless of the quantity of beer sold of a given brand by container, material and category.
  3. (c)
    1. (1) A wholesaler shall not sponsor or participate in any price-cutting maneuver, device or promotion by changing the wholesale price of beer of a given brand, container, material and category. As used in this section, “category” means cans, returnable bottles, nonreturnable bottles, kegs and barrels; “container” means size in ounces; “material” means the principal material used to manufacture each category type, including, but not limited to, metal, glass or plastic.
    2. (2) Nothing in this section shall prevent a wholesaler from permanently reducing the wholesale price of beer. However, any such wholesale price reduction to be construed to be permanent must remain in effect for at least three hundred sixty (360) days, or otherwise it shall be considered a wholesale beer price-cutting maneuver, device or promotion, and in direct violation of this section.
    3. (3) Any wholesaler has the authority to increase the wholesale price of beer, and, in such an event, the increased wholesale price shall be construed and considered to be the posted wholesale beer price. There shall be no limitation on the number of increases of the wholesale price of beer allowed any wholesaler, but no increased wholesale price of beer shall be reduced by the wholesaler for at least three hundred sixty (360) days.
    4. (4) Nothing in this section shall prevent a wholesaler from changing the wholesale price of beer on sales made only at the wholesaler's warehouse to retailers and other persons, regardless of the time element, as referred to in this section in cases of emergency where a wholesaler is unable to make delivery of beer to retail establishments.
    5. (5) Nothing in this section shall prevent a wholesaler from raising the wholesale price of beer during a three hundred sixty (360) day posting period in an amount less than or equal to any increase in the federal excise tax or the state privilege tax levied in § 57-5-201. Such price increase shall be filed within ten (10) days of the date the tax increase takes effect.
  4. (d) All wholesale beer price lists in their entirety are hereby declared to be a public record.
  5. (e) Every manufacturer or importer of beer as defined in § 57-6-102 shall designate sales territories for each of its brands sold in Tennessee, and shall name one (1) licensed beer wholesaler in each territory who, within such territory, shall be the exclusive wholesaler for the brand or brands; provided, that if any such manufacturer or importer supplies more than one (1) brand, exclusive territories may be granted to a different wholesaler for the sale of each brand. No wholesaler shall distribute the specified brand or brands of beer outside such wholesaler's assigned territory, or shall knowingly sell to a retailer whose licensed retail establishment is located outside such wholesaler's assigned territory.
  6. (f)
    1. (1) Within thirty (30) days after March 15, 1973, or within ten (10) days prior to the introduction of a new brand of beer in a territory, each manufacturer or importer shall submit to the commissioner, in duplicate, a sworn affidavit containing a description of the geographical boundaries of each territory for each brand of its products, the name and address of the wholesaler and the notarized signature of the wholesaler. Territories in effect on February 1, 1973, and those territories established for new brands entering the market subsequent to that date, shall constitute the exclusive sales territory for the brands and wholesalers involved. Should a manufacturer or importer desire to change wholesalers, or in any way alter the territory of a wholesaler for any brand, such manufacturer or importer shall file with the commissioner and each wholesaler involved, not less than ninety (90) days prior to the effective date of such change, a notarized notice of intent, in duplicate, containing:
      1. (A) A description of the geographical boundaries of the proposed territory;
      2. (B) The name and address of the wholesaler currently distributing such brand or brands in the territory;
      3. (C) The name and address of the proposed wholesaler and the notarized signature of the proposed wholesaler; and
      4. (D) The name and address of all persons or firms having a financial interest in the proposed wholesale business.
    2. (2) The ninety-day waiting period shall be waived if the proposed change is agreeable to all parties involved.
    Backlinks (1)
  7. (g) The designated territory of beer wholesalers shall be deemed to be a matter of public record, and a copy shall be made available upon request to the commissioner.
  8. (h) A violation of this section is a Class C misdemeanor.
Backlinks (2)
History (15)
  • Acts 1953, ch. 76, § 5 (Williams, § 1051.22)
  • Acts 1969, ch. 171, § 2
  • 1973, ch. 6, § 3
  • 1974, ch. 571, § 1
  • T.C.A. (orig. ed.), § 57-305
  • Acts 1986, ch. 524, §§ 2, 3
  • 1987, ch. 75, § 1
  • 1989, ch. 13, § 1
  • 1989, ch. 591, § 113
  • 1990, ch. 617, § 1
  • 1990, ch. 618, § 13
  • 1995, ch. 89, § 1
  • 1998, ch. 857, §§ 2, 3
  • 2002, ch. 856, § 1d
  • 2005, ch. 499, §§ 10-14.
§ 57-6-105. Records and reports.
  1. (a) The department shall promulgate rules and regulations covering reports to be made, records to be kept, and other matters pertaining to the administration and enforcement of this part.
  2. (b) Without limitation as to other matters to be covered, such rules and regulations shall require each wholesaler to report monthly to the department the quantities of the wholesale sales, broken down by unit prices and sizes and types of containers, within each county and municipality in which the wholesaler does business, and to send the tax collecting official of each county and municipality a copy of this report; provided, that wholesalers shall not be required to report sales to individual retailers.
    Backlinks (1)
  3. (c) Such rules and regulations shall also require each retailer or the retailer's agent to sign a delivery ticket each time when beer is received from a wholesaler; the wholesaler shall keep the signed original or a digital copy, and the retailer shall retain the duplicate of each such delivery ticket for at least two (2) years, subject to inspection by the department, county or municipality.
  4. (d) Each wholesaler shall keep records showing dates of sale, unit prices, quantities, and sizes and types of containers of beer sold to each individual retailer with whom the wholesaler does business, and such records shall be retained for at least two (2) years, subject to audit by the department, and/or county and/or municipality.
Backlinks (2)
History (4)
  • Acts 1953, ch. 76, § 6 (Williams, § 1051.23)
  • T.C.A. (orig. ed.), § 57-306
  • Acts 1986, ch. 525, § 2
  • 2012, ch. 657, § 10.
§ 57-6-106. Investigations by the department.
  1. (a) The department on its own initiative may, or upon request of any county or municipality receiving this tax shall, make investigations to determine whether the full amount of tax imposed by this part has been paid, providing that any county or municipality requesting such investigation may designate an agent to participate in the investigation. For this purpose, wholesalers and retailers shall make their books and records with respect to beer purchases, sales and inventories available for inspection and audit at all reasonable business hours, and shall furnish any information with respect to beer purchases, sales and inventories required by the department. The results of such investigations shall be reported to counties and municipalities concerned.
  2. (b) The department, upon request of any county or municipality concerned, shall provide information available in the department with respect to the administration of this part, including the amount of tax collected and remitted, within the county or municipality.
History (2)
  • Acts 1953, ch. 76, § 8 (Williams, § 1051.25)
  • T.C.A. (orig. ed.), § 57-308.
§ 57-6-107. Wholesaler's bond — Collection of delinquent taxes — Penalties.
  1. (a) Every wholesaler shall furnish an indemnity or personal bond, satisfactory to the department and payable to the department, as agent of the counties and municipalities involved, in an amount equivalent to the amount of gross tax payable under this part, based on the wholesaler's highest month's sales in the preceding twelve (12) months or on an estimate of sales in the case of a wholesaler just commencing business. In no event shall a bond in excess of ten thousand dollars ($10,000) be required.
  2. (b) Should any wholesaler fail or refuse to remit the tax on or before the twentieth of the month when due, the department or any county or municipality concerned may institute legal action for collection of such delinquent taxes by any method now authorized by law for the collection of delinquent privileges taxes, or by suit.
  3. (c) In addition to the hereinabove authorized powers and penalties, the suspension and revocation powers conferred in § 57-5-108 upon county legislative bodies and other governmental bodies referred to therein are likewise conferred herein upon the commissioner, as they may relate to persons to whom certificates of registration are issued by the commissioner under § 57-5-102. Such suspension and revocation powers may be invoked for the failure of such person to file any report required by this part, or for the filing of a false or fraudulent report, or for the failure to pay tax due by any such licensee with the intent to defraud under this part and rules and regulations promulgated pursuant thereto and for no other reasons. The remedy provided by § 57-5-108 shall, likewise, be the only method of reviewing orders of the commissioner revoking or suspending such certificates of registration as authorized herein.
  4. (d) In lieu of a corporate surety on the bond required by subsection (a), the commissioner may allow the wholesaler to secure such bond by depositing collateral in the form of a certificate of deposit as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner. Interest on any deposited certificate of deposit shall be payable to the wholesaler who has deposited it as collateral, or to such person as the wholesaler or the certificate may direct.
  5. (e)
    1. (1) If a wholesaler has been in continuous operation for three (3) consecutive years and during the preceding six (6) months has paid all taxes payable under this part on or before the twentieth of the month when due, then the wholesaler shall not be required to furnish any indemnity or personal bond required by this section.
    2. (2) Any wholesaler exempted from the bonding requirement of this section who fails to pay any tax payable under this part on or before the twentieth of the month when due, shall, upon such failure, be required to furnish an indemnity or personal bond as provided in this section.
Backlinks (1)
History (10)
  • Acts 1953, ch. 76, § 9 (Williams, § 1051.26)
  • Acts 1973, ch. 6, § 4
  • impl. am. Acts 1978, ch. 934, §§ 7, 36
  • T.C.A. (orig. ed.), § 57-309
  • Acts 1980, ch. 885, § 7
  • 1987, ch. 160, § 1
  • 1988, ch. 519, § 2
  • 1988, ch. 526, § 16
  • 1992, ch. 607, § 2
  • 1996, ch. 641, § 7.
§ 57-6-108. Cash sales only to retailers.
  1. In order to effectively collect the tax levied by this part all sales of beer by wholesalers to retailers or any other persons, except sales to duly licensed wholesalers and sales within military installations as set out in § 57-6-111, shall be for cash only. The intent of this section is that wholesale sale of beer and delivery and payment therefor shall be a simultaneous transaction, and any maneuver, device or method of extending credit is expressly prohibited.
History (2)
  • Acts 1953, ch. 76, § 10 (Williams, § 1051.27)
  • T.C.A. (orig. ed.), § 57-310.
§ 57-6-109. Breakage and shortage adjustments only at time of delivery — Quality control.
  1. (a)
    1. (1) In order to accurately determine the tax to be paid, no wholesaler shall make any reduction or adjustment for loss due to shortages or damaged or broken containers, except for the actual loss from the time the beer leaves the brewery until it is delivered to the retailer.
    2. (2) Such reductions or adjustments shall not exceed one-half of one percent (0.5%) of the total monthly purchases of each wholesaler, except in cases of fire, storms, acts of God or unavoidable accidents.
    3. (3) Any claims in excess of one-half of one percent (0.5%) must be substantiated by sworn statements of at least two (2) witnesses or persons otherwise familiar with the facts concerning such loss.
    4. (4) Any and all claims for such credits may be disapproved by the department of revenue.
  2. (b) All beer shall be inspected and accepted by the retailer or the retailer's representative at the time of delivery and no adjustment or refund for damage, breakage or shortage shall be made by any wholesaler subsequent to the time of delivery to the retailer. A wholesaler may determine that beer sold to a retailer does not conform to quality control standards. Upon making that determination, the wholesaler may provide the retailer with replacement beer in exchange for the beer that no longer conforms to quality control standards, if the tax paid on the total amount of replacement beer is equal to the tax credit received on the beer being returned by the retailer.
  3. (c) A wholesaler may purchase full case lots of beer previously sold to a retailer by the wholesaler at the price at which the beer was sold to the retailer:
    1. (1) Upon determination by a county or municipality that:
      1. (A) A retailer has surrendered or abandoned its permit to sell beer;
      2. (B) A retailer's permit to sell beer has been revoked; or
      3. (C) A retailer's permit to sell beer has been suspended for more than thirty (30) days; or
    2. (2) When a retailer has in good faith discontinued business for more than thirty (30) days.
History (5)
  • Acts 1953, ch. 76, § 11 (Williams, § 1051.28)
  • Acts 1968, ch. 628, § 1
  • T.C.A. (orig. ed.), § 57-311
  • Acts 1988, ch. 466, § 2
  • 1990, ch. 626, § 1.
§ 57-6-110. Gifts or inducements to retailers — Discounts to consumers.
  1. (a) In order to determine the exact amount of the tax and to facilitate the collection thereof, no wholesaler shall make any gift of beer or any other type of gift to any retailer, nor shall any deal be made with any retailer or any other person whereby the wholesale price of beer shall be reduced below the list price above provided for as inducement to the retailer or any other person to make larger purchases; provided, however, that a manufacturer may offer, by coupons provided by a manufacturer, a discount to the consumer to be redeemed only by the manufacturer. Neither a retailer nor a wholesaler shall participate, either directly or indirectly, in the redemption of such coupons.
  2. (b) A violation of this section is a Class C misdemeanor.
History (4)
  • Acts 1953, ch. 76, § 12 (Williams, § 1051.29)
  • T.C.A. (orig. ed.), § 57-312
  • Acts 1987, ch. 72, § 1
  • 1989, ch. 591, § 113.
§ 57-6-111. Exemption of sales to armed forces installations.
  1. The tax levied herein shall not be applicable to any beer and/or ale sold to any post exchange, ship service store, commissary, open mess, officers' club, N.C.O. club or other organization recognized by and located on any fort, base, camp or post of the armed forces of the United States. Wholesalers and brewers duly licensed in Tennessee shall be relieved of the tax imposed herein on all beer and/or ale sold at any fort, base, camp or post of the armed forces of the United States; provided, that such sales are listed on the monthly reports required herein; and provided further, that a copy of a receipt duly signed by the officer or noncommissioned officer in charge of such clubs, certifying that such beer or ale was sold to and delivered to such clubs at such fort, base, camp or post, is attached to such report.
Backlinks (1)
History (2)
  • Acts 1953, ch. 76, § 13 (Williams, § 1051.30)
  • T.C.A. (orig. ed.), § 57-313.
§ 57-6-112. Exclusiveness of tax.
  1. Any county or municipality which collects the tax as provided herein shall not be authorized to levy any other sales tax, inspection fee or special tax of any type or kind except the privilege license fee authorized by chapter 5 of this title on the sale of beer either at retail or wholesale.
Backlinks (1)
History (2)
  • Acts 1953, ch. 76, § 14 (Williams, § 1051.31)
  • T.C.A. (orig. ed.), § 57-314.
§ 57-6-113. Enforcement of law.
  1. Municipal and county officials are given the authority to and are charged with the responsibility of enforcing this part as well as the department.
History (2)
  • Acts 1953, ch. 76, § 15 (Williams, § 1051.32)
  • T.C.A. (orig. ed.), § 57-315.
§ 57-6-114. Criminal penalties.
  1. (a) A violation of this part is a Class C misdemeanor.
  2. (b) It shall be mandatory on the local beer board to suspend the license or permit of the wholesaler for thirty (30) days for violating § 57-6-104, within the city or county where the violation was committed.
History (4)
  • Acts 1953, ch. 76, § 16 (Williams, § 1051.33)
  • Acts 1969, ch. 171, § 3
  • T.C.A. (orig. ed.), § 57-316
  • Acts 1989, ch. 591, § 113.
§ 57-6-115. Damaged or unaccepted goods — Tax liability.
  1. When any common carrier transporting beer to a point within this state, or any insurance company insuring such beer, comes into possession of such beer by virtue of the same being damaged or otherwise unaccepted by the consignee of such beer, such common carrier or insurance company shall become liable for the tax imposed under this part, unless proof deemed satisfactory to the commissioner of revenue is furnished to the commissioner by such carrier or insurer showing that such beer has been destroyed or shipped to a point without this state and, therefore, has not been sold or consumed in this state.
History (2)
  • Acts 1971, ch. 150, § 1
  • T.C.A., § 57-320.
§ 57-6-116. Expenses of enforcement of law limited.
  1. For the purpose of carrying out this part, the commissioner of revenue is authorized to transfer from any funds allocated for the operation of the department, the sum of five thousand dollars ($5,000), which sum shall be repaid out of funds received under this part. In no event shall the department be called upon to render greater services or expend funds in excess of the amount received by the department as provided herein.
History (3)
  • Acts 1953, ch. 76, § 17 (Williams, § 1051.34)
  • impl. am. Acts 1959, ch. 9, § 14
  • T.C.A. (orig. ed.), § 57-317.
§ 57-6-117. Construction of law — Invalidity.
  1. If any clause, sentence, paragraph or section of this part be declared unconstitutional by any court of competent jurisdiction, such determination shall render invalid the remaining part of the part, it being hereby declared to be the legislative intent not to enact the part unless that part so held invalid was included therein.
History (2)
  • Acts 1953, ch. 76, § 18 (Williams, § 1051.35)
  • T.C.A. (orig. ed.), § 57-318.
§ 57-6-118. Effect of unconstitutionality of part.
  1. In the event this part is declared unconstitutional, it is declared to be the legislative intent not to have repealed chapter 37 of the Public Acts of 1951, and such act shall, in that event, be in full force and effect.
History (2)
  • Acts 1953, ch. 76, § 19 (Williams, § 1051.36)
  • T.C.A. (orig. ed.), § 57-319.
Part 2 Wholesale Tax on Other Alcoholic Beverages
§ 57-6-201. Tax levy — Enforcement — Disposition of collections.
  1. (a) There is imposed an additional tax upon the sale of alcoholic beverages at wholesale in the amount of fifteen cents (15¢) per case for each case of alcoholic beverages sold at wholesale in Tennessee. The tax imposed herein shall be paid monthly by the wholesaler upon the number of cases of alcoholic beverages sold by the wholesaler during the preceding month to the department, and all of which tax shall be used or spent by the alcoholic beverage commission.
  2. (b) For the purpose of enforcing this part and ascertaining the amount of tax due under this section, it shall be the duty of each wholesaler, on or before the fifteenth day of each month, to file a report with the commissioner upon forms prescribed, prepared and furnished by the commissioner showing information relative to sales and disposition of all alcoholic beverages and such other related information as the commissioner may require.
  3. (c) All moneys collected under this section shall be turned over to the state treasurer for deposit in the general fund, the money to be appropriated for expenditures by the general assembly.
Backlinks (4)
History (9)
  • Acts 1959, ch. 278, § 1
  • 1963, ch. 259, §§ 1, 3
  • 1970, ch. 371, § 2
  • 1975, ch. 31, § 1
  • 1975, ch. 275, § 1
  • T.C.A., § 57-706
  • Acts 1980, ch. 885, § 8
  • 1988, ch. 526, § 17
  • 2022, ch. 714, § 1.
§ 57-6-202. Audits and investigations — Penalty for noncompliance.
  1. (a) The commissioner shall cause to be made a complete audit of each wholesaler at such time as may be deemed advisable for the collection of the taxes levied in this title.
  2. (b) The commissioner is authorized to examine the books, papers and records of any wholesaler or retailer, subject to this part, for the purpose of enforcing the collection of the tax herein levied. Any refusal to permit the examination of such books, papers and records shall constitute sufficient reason for the revocation or suspension of any license or permit issued pursuant to this part or a refusal to issue the same.
Backlinks (1)
History (6)
  • Acts 1959, ch. 278, § 1
  • 1970, ch. 361, § 3
  • 1975, ch. 31, § 1
  • T.C.A., § 57-707
  • Acts 1983, ch. 476, § 1
  • 1988, ch. 958, § 2.
Chapter 9 Disposition
Part 1 General Provisions
§ 57-9-101. Destruction of liquor and paraphernalia.
  1. (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.
  2. (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.
  3. (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.
  4. (d) The reference to sheriffs and deputy sheriffs in this section shall also include constables in counties of this state having a population of:
    3. 3,7004,700
    4. 6,0007,800
    5. 8,4008,500
    6. 8,5358,540
    7. 9,2009,570
    8. 10,77010,780
    9. 11,51211,550
    10. 11,70011,900
    11. 12,00013,000
    12. 14,50014,600
    13. 15,30015,500
    14. 15,75016,000
    15. 17,00017,350
    16. 18,00018,200
    17. 18,30018,900
    18. 19,00019,100
    19. 21,00021,500
    20. 21,60022,300
    21. 23,20023,350
    22. 23,35523,391
    23. 23,39123,450
    24. 23,50023,750
    25. 24,00024,255
    26. 25,60027,500
    27. 27,90028,000
    28. 28,55528,600
    29. 29,25031,250
    30. 31,26033,000
    31. 33,70034,000
    32. 35,48041,800
    33. 41,90050,000
    34. 57,55059,400
    35. 59,50060,050
    36. 60,60062,000
    37. 64,00065,000
    38. 101,000118,400
    39. 118,700200,000
    41. according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County.
Backlinks (8)
History (24)
  • 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.
§ 57-9-102. Arrest of persons implicated in manufacture.
  1. It shall be the duty of such officer to make arrests of any and all persons implicated, aiding or abetting in the manufacture of intoxicating liquors, and take them before the proper officials and have them tried upon such charge.
Backlinks (1)
History (4)
  • Acts 1919, ch. 20, § 3
  • Shan. Supp., § 6798a19b20
  • Code 1932, § 11241
  • T.C.A. (orig. ed.), § 57-603.
§ 57-9-103. Officers to take into possession intoxicating liquors held or transported illegally.
  1. All sheriffs, deputy sheriffs, and police officers of the state are hereby empowered and required to take into possession any intoxicating liquors, including wine, ale, and beer, which have been received by, or are in possession of, or are being transported by, any person in violation of any law of this state; provided, however, that the reference to “sheriffs, deputy sheriffs, and police officers” in this section also includes “constables” in those counties of this state enumerated in § 57-9-101.
Backlinks (6)
History (6)
  • Acts 1919, ch. 50, § 1
  • Shan. Supp., § 6798a19b1
  • Code 1932, § 11224
  • Acts 1969, ch. 160, § 3
  • 1969, ch. 319, §§ 3, 4
  • T.C.A. (orig. ed.), § 57-604.
§ 57-9-104. Officers to file written statement about intoxicants taken.
  1. Every such officer so taking into possession any such intoxicating liquors shall, within five (5) days after so doing, file with the circuit or criminal court clerk of the county wherein the same was taken into possession, a written statement showing the kind and quantity of intoxicating liquors so taken, and the name or names of the person from whom the same was taken, if the name of such person be known to such officer.
Backlinks (4)
History (4)
  • Acts 1919, ch. 50, § 2
  • Shan. Supp., § 6798a19b2
  • Code 1932, § 11225
  • T.C.A. (orig. ed.), § 57-605.
§ 57-9-105. Court having jurisdiction.
  1. In any county having more than one (1) circuit court, or both a circuit court and a criminal court, the court in such county having the jurisdiction of the indictment and trial of offenses against the liquor laws of this state shall have exclusive jurisdiction of all matters relating to the seizure and destruction of intoxicating liquors as provided in this part, and where reference is made to the circuit court or criminal court clerk it shall be deemed to refer to the county clerk of the county having such jurisdiction, and the statements required of the sheriff shall be made to the clerk or the judge of such court.
History (4)
  • Acts 1919, ch. 50, § 13
  • Shan. Supp., § 6798a19b13
  • Code 1932, § 11236
  • T.C.A. (orig. ed.), § 57-606.
§ 57-9-106. Delivery of seized liquor to sheriff.
  1. Every officer, other than the sheriff, taking into possession intoxicating liquors as provided for in § 57-9-103, shall within five (5) days after so doing, deliver the intoxicating liquors to the sheriff of the county wherein the same was taken into possession, and the sheriff shall execute to the officer a receipt for same in writing showing the kind and quantity of intoxicating liquors so delivered, and the name or names of the person from whom the intoxicating liquors were taken, if such name be known to the officer.
Backlinks (2)
History (4)
  • Acts 1919, ch. 50, § 3
  • Shan. Supp., § 6798a19b3
  • Code 1932, § 11226
  • T.C.A. (orig. ed.), § 57-607.
§ 57-9-107. Sheriff to keep intoxicants until otherwise ordered by court.
  1. The sheriff shall safely keep in possession all intoxicating liquors, either taken by the sheriff as provided in § 57-9-103 or delivered to the sheriff as provided in § 57-9-106 until ordered to dispose of same by the court as hereinafter provided.
Backlinks (1)
History (4)
  • Acts 1919, ch. 50, § 4
  • Shan. Supp., § 6798a19b4
  • Code 1932, § 11227
  • T.C.A. (orig. ed.), § 57-608.
§ 57-9-108. Sheriff's statement of intoxicants held.
  1. At each term of the circuit or criminal court, the sheriff shall deliver to the circuit or criminal court judge holding same a written statement showing all intoxicating liquors in the sheriff's possession, setting forth the kind and quantity of same and the name of the person from whom the same have been taken, if such name is known to the sheriff, and where the name of such person is unknown to the sheriff, such statement shall set out the date of the posting of the notice required by § 57-9-110.
Backlinks (1)
History (4)
  • Acts 1919, ch. 50, § 7
  • Shan. Supp., § 6798a19b7
  • Code 1932, § 11230
  • T.C.A. (orig. ed.), § 57-609.
§ 57-9-109. Notice to owners.
  1. The filing of the statement, set out in § 57-9-104, shall be the only notice that is necessary to be given to the person from whom such liquors were taken, where the person resides within the jurisdiction of the court or where the person was arrested at the time of the seizure of such liquors.
History (4)
  • Acts 1919, ch. 50, § 5
  • Shan. Supp., § 6798a19b5
  • Code 1932, § 11228
  • T.C.A. (orig. ed.), § 57-610.
§ 57-9-110. Notice when name of owner unknown.
  1. If the name of the person transporting, receiving or possessing intoxicating liquors which have been seized in accordance with this part be unknown to the sheriff or other officer seizing the same, then, in that event, the sheriff or other officer taking possession of the same shall so certify in the statement required to be filed by § 57-9-104, and the clerk of such circuit or criminal court shall give notice to whom it may concern by notice posted at the courthouse door of the county within which such liquors were seized, setting forth in substance that such liquors have been seized in accordance with this part, and notifying all persons claiming same to do so within thirty (30) days from the date of the posting of such notice, and that if they fail to do so, they will forfeit all right in and to the same and that condemnation and forfeiture thereof will be in the nature of proceedings in rem.
Backlinks (2)
History (4)
  • Acts 1919, ch. 50, § 6
  • Shan. Supp., § 6798a19b6
  • Code 1932, § 11229
  • T.C.A. (orig. ed.), § 57-611.
§ 57-9-111. Claimants of liquor — Petition.
  1. All persons claiming any interest in intoxicating liquors seized in accordance with this part shall do so by petition, which petition shall be filed in the circuit or criminal court of the county in which such liquors were seized, within ten (10) days after the filing of the statement showing the seizure thereof required in § 57-9-104; provided, however, that persons for whom advertisement is made by notice as herein required may file such petition within the time set out in such notice. It shall be the duty of the sheriff to ascertain what notices have been posted by the clerk in accordance with this part and make return thereof to the court as hereinbefore provided.
Backlinks (2)
History (4)
  • Acts 1919, ch. 50, § 8
  • Shan. Supp., § 6798a19b8
  • Code 1932, § 11231
  • T.C.A. (orig. ed.), § 57-612.
§ 57-9-112. Answer to petition claiming ownership.
  1. It shall be the duty of the district attorney general to investigate and file answer to any petition alleging ownership of or any interest in any intoxicating liquors seized under this part, and to represent the state upon the hearing of such petition.
History (5)
  • Acts 1919, ch. 50, § 12
  • Shan. Supp., § 6798a19b12
  • Code 1932, § 11235
  • modified
  • T.C.A. (orig. ed.), § 57-613.
§ 57-9-113. Petition claiming ownership tried in summary manner.
  1. The hearing of such petition shall be had in a summary manner, before the court sitting without a jury.
History (4)
  • Acts 1919, ch. 50, § 14
  • Shan. Supp., § 6798a19b14
  • mod. Code 1932, § 11237
  • T.C.A. (orig. ed.), § 57-614.
§ 57-9-114. Determination of claims to liquor.
  1. Where any person claims an interest in any liquor seized in accordance with this part, the court shall hear and determine the question of the right of such person so claiming an interest in such liquors; but no person shall be deemed to have any property right in any intoxicating liquors transported, received, or possessed in violation of the laws of this state; and if the court, upon the hearing of any petition alleging ownership of, or an interest in intoxicating liquors, shall ascertain that the same have been received, transported or possessed in violation of any law of this state, the court shall direct the sale or destruction thereof by the sheriff as set out in §§ 57-9-115 — 57-9-119.
History (6)
  • Acts 1919, ch. 50, § 10
  • Shan. Supp., § 6798a19b10
  • Code 1932, § 11233
  • Acts 1947, ch. 127, § 2
  • C. Supp. 1950, § 11233
  • T.C.A. (orig. ed.), § 57-615.
§ 57-9-115. Delivery of seized liquor to alcoholic beverage commission — Sale.
  1. (a) Any intoxicating liquors seized in accordance with this part, upon which federal tax has been paid, shall be turned over to the alcoholic beverage commission for public sale by the commissioner of general services as contraband in accordance with part 2 of this chapter.
  2. (b) The commission, at the request of the district attorney general, shall withhold from sale and make available to the court on the day of trial, a sufficient amount of such intoxicating liquor for use as evidence and proof of the offense contained in the indictment of any person under prosecution in connection therewith.
  3. (c) It shall be the duty of the sheriff to notify the commission in writing within ten (10) days after the seizure of such liquors, describing the brands and quantity thereof, and to turn over such liquors to the commission at the time and place designated by the commission.
  4. (d) It shall be the responsibility of the commission to provide transportation and storage for such liquors.
  5. (e) In the event the commission calls upon the sheriff to transport such liquors, all expenses incurred by the sheriff in the transportation of such liquors shall be borne by the commission, and the sheriff shall be allowed the same mileage fee as for transporting prisoners, in addition to the other actual cost of transportation.
  6. (f) All money received from the sale of such liquors shall be deposited in the general fund of the state treasury; provided, that, in the case of all liquor captured or confiscated by a police officer of any incorporated municipality, the funds derived from the sale of such liquor, less ten percent (10%) to be retained by the state for costs of administration, shall be turned over to the municipality served by such police officer; and provided further, that in the case of all liquor captured or confiscated by the sheriff, deputy sheriff or constable of any county, the funds derived from the sale of such liquor, less ten percent (10%) to be retained by the state for costs of administration, shall be turned over to the county served by such sheriff, deputy sheriff or constable.
  7. (g) Each sheriff, deputy sheriff or constable of any county or any police officer of any municipality, who has seized and confiscated any intoxicating liquors, shall make an itemized list of such beverages, showing the quantity, brand, name and size of bottle, and shall deliver a signed copy of the itemized list to the commission at the time the beverages are delivered or turned over to the commission for disposal. The agent or representative of the commission receiving the beverages shall likewise issue a receipt to such officer covering the beverages. A copy of the list of beverages prepared by the officer making the seizure and confiscation shall be delivered by the officer to the county mayor of the county if the seizure be made by a county officer, and a copy shall be furnished the mayor of the municipality if the seizure be made by a municipal officer. The commission likewise shall furnish the county mayor with a copy of the list of beverages which it has received from the particular law enforcement officer.
Backlinks (7)
History (15)
  • Acts 1919, ch. 50, § 9
  • Shan. Supp., § 6798a19b9
  • Code 1932, § 11232
  • Acts 1947, ch. 127, § 1
  • C. Supp. 1950, § 11232
  • Acts 1955, ch. 347, § 9
  • impl. am. Acts 1959, ch. 9, §§ 5, 14
  • Acts 1959, ch. 301, § 2
  • impl. am. Acts 1961, ch. 97, § 5
  • Acts 1963, ch. 258, § 1
  • impl. am. Acts 1972, ch. 543, § 7
  • impl. am. Acts 1978, ch. 934, §§ 16, 36
  • modified
  • T.C.A. (orig. ed.), § 57-616
  • Acts 2003, ch. 90, § 2.
§ 57-9-116. Report of sales.
  1. All sales of liquor made as directed in §§ 57-9-115 — 57-9-119 shall be reported to the court in writing, stating the amount disposed of, the prices obtained therefor, and such other information as the court may require. If it shall appear that the sheriff has complied with the order of the court directing the sale, then such report shall be approved and entered on the minutes of the court.
History (3)
  • Acts 1947, ch. 127, § 1
  • C. Supp. 1950, § 11232
  • T.C.A. (orig. ed.), § 57-617.
§ 57-9-117. Disposition of liquor bearing no federal tax stamp — Destruction of spoiled liquor.
  1. Should liquor not having a federal stamp on the bottle or package be captured or taken in possession by officers, then the court shall order such liquor destroyed, or may order it turned over to federal authorities for evidence; and if it should appear that any liquor seized in accordance with this part, though having a federal stamp thereon, is not fit for consumption, the court shall order the same to be destroyed.
History (3)
  • Acts 1947, ch. 127, § 1
  • C. Supp. 1950, § 11232
  • T.C.A. (orig. ed.), § 57-618.
§ 57-9-118. Sheriff's inventory to facilitate credit to proper jurisdiction.
  1. It shall be the duty of the sheriff to keep separate inventories of liquor that is captured by police officers and liquor captured by other officers, so that the funds derived from the sale thereof may be properly divided between the county and incorporated city, town or municipality.
Backlinks (1)
History (6)
  • Acts 1919, ch. 50, § 9
  • Shan. Supp., § 6798a19b9
  • Code 1932, § 11232
  • Acts 1947, ch. 127, § 1
  • C. Supp. 1950, § 11232
  • T.C.A. (orig. ed.), § 57-619.
§ 57-9-119. No disposition prior to time for filing claim.
  1. The court shall not order the sale or destruction of any of the liquors seized under this part until the time for filing petitions, alleging ownership thereof or an interest therein, as provided in § 57-9-111, shall have elapsed.
Backlinks (2)
History (6)
  • Acts 1919, ch. 50, § 9
  • Shan. Supp., § 6798a19b9
  • Code 1932, § 11232
  • Acts 1947, ch. 127, § 1
  • C. Supp. 1950, § 11232
  • T.C.A. (orig. ed.), § 57-619.
§ 57-9-120. Possession of liquor is prima facie evidence of unlawful transportation, reception, and possession.
  1. In proceedings under this part, the possession of intoxicating liquors, except by persons expressly authorized to transport, receive, or possess the same under the laws of this state, shall be prima facie evidence that such liquors have been transported, received, or possessed in violation of the laws of this state.
History (4)
  • Acts 1919, ch. 50, § 11
  • Shan. Supp., § 6798a19b11
  • Code 1932, § 11234
  • T.C.A. (orig. ed.), § 57-620.
§ 57-9-121. Violation of preceding sections — Penalty.
  1. (a) Any person violating any of this part is guilty of a Class C misdemeanor.
  2. (b) Any officer violating this part shall also forfeit the office and be ineligible to reappointment or reelection to same for a period of five (5) years.
History (5)
  • Acts 1919, ch. 50, § 15
  • Shan. Supp., § 6798a19b15
  • Code 1932, § 11238
  • T.C.A. (orig. ed.), § 57-621
  • Acts 1989, ch. 591, § 113.
Part 2 Unstamped Beverages — Unlicensed Dealers
§ 57-9-201. Beverages owned, possessed or sold by unlicensed persons deemed contraband — Untaxed alcoholic beverages — Seizure and sale — Vehicles subject to confiscation.
  1. (a) All alcoholic beverages of more than five percent (5%) alcohol in excess of five gallons (5 gals.) that are owned or possessed by any person in any county of this state, whether or not such county has authorized the sale or distribution of alcohol within its jurisdiction, without the same having been purchased or obtained from an entity holding a license issued under § 57-3-204, § 57-3-203 or § 57-3-207, or manufactured at an entity holding a license issued under § 57-3-218, are declared to be contraband goods, and the same may be seized by the representative, agent or employee of the commission, or sheriff or deputy sheriffs of any such county, and such goods may be delivered to the alcoholic beverage commission for sale by the commissioner of general services in accordance with §§ 12-2-201 — 12-2-204. The reference to “sheriff or deputy sheriffs” in the preceding sentence also includes “constables” in those counties of this state enumerated in § 57-9-101. All alcoholic beverages, which are sold or stored in wet counties for the purpose of sale by a person who does not hold a state liquor license shall be contraband within the meaning of this part, and subject to seizure as provided herein. No bids shall be received on such contraband beverages except from persons duly licensed by the state to handle alcoholic beverages of more than five percent (5%).
  2. (b) Any vehicle, aircraft or boat not a common carrier which may be used for transportation or storage, either in wet or dry counties, for the purpose of distribution, gift or sale of untaxed alcoholic beverages shall likewise be subject to confiscation and sale in the manner herein provided. Should any untaxed alcoholic beverages be found in any vehicle, aircraft or boat, same shall be prima facie evidence that it was there for gift, sale or distribution.
  3. (c) Vehicles and any other articles of personal property which may be found at a still, still site, or place of storage, which still, still site or place of storage is being used by persons known or unknown who have failed to procure a state liquor license, or have failed to pay the taxes imposed by § 57-3-302 are declared to be contraband goods and shall likewise be subject to confiscation and sale in the manner herein provided; however, before any vehicle declared to be contraband, under this part, is sold as provided herein, a copy of notice of seizure shall be sent by registered mail to the owner and lienholder as of record in the motor vehicle division of the department of revenue. Such notice shall state a general description of the seized vehicle, the reasons for the seizure, the procedure by which recovery of the vehicle may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. A copy of the notice shall be filed in the office of the commission and shall be open to the public for inspection.
  4. (d) This section shall be applicable to dry counties in like manner as to wet counties.
  5. (e) In the case of any vehicle, aircraft, or boat not a common carrier seized by any law enforcement officer of any incorporated municipality or of any county and turned over to the commission for confiscation, fifty percent (50%) of the amount received from the sale thereof shall be paid to the municipality or to the county served by such law enforcement officer, as the case may be.
  6. (f) The presence of alcoholic beverages at a still, still site or place of storage in excess of one gallon (1 gal.) without a bill of lading or receipt from a licensed retailer, wholesaler, winery or manufacturer shall create a rebuttable presumption that the taxes imposed by § 57-3-302 have not been paid.
Backlinks (9)
History (19)
  • Acts 1941, ch. 119, § 1
  • C. Supp. 1950, § 6648.24 (Williams, § 6648.26)
  • Acts 1955, ch. 347, § 5
  • impl. am. Acts 1959, ch. 9, § 14
  • Acts 1959, ch. 267, § 1
  • impl. am. Acts 1959, ch. 9, § 5
  • impl. am. Acts 1959, ch. 303, § 1
  • impl. am. Acts 1961, ch. 97, § 5
  • Acts 1963, ch. 258, § 1
  • 1967, ch. 72, § 1
  • 1969, ch. 160, § 3
  • 1969, ch. 319, §§ 3, 4
  • impl. am. Acts 1972, ch. 543, § 7
  • Acts 1973, ch. 357, § 1
  • T.C.A. (orig. ed.), § 57-622
  • Acts 1992, ch. 608, §§ 13-16
  • 2009, ch. 434, § 11
  • 2011, ch. 451, § 8
  • 2017, ch. 147, § 16.
§ 57-9-202. Procedure for seizing contraband property — Claims — Hearings.
  1. (a) In all cases of seizure of any alcoholic beverages or other property subject to forfeiture under the provisions hereof, the officer or other person making the seizure shall proceed as follows:
    1. (1) The officer or other person shall deliver to the person, if any, found in possession of such property, a receipt showing a general description of the seized goods, the reason for the seizure, the procedure by which recovery of the goods may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. If the person found in possession of the seized property is not the sole unencumbered owner of same, the commission shall make a reasonable effort to furnish a copy of the receipt to the owner and/or lienholder. A copy of the receipt shall be filed in the office of the commission and shall be open to the public for inspection;
    2. (2) All such property seized and confiscated under this part may be designated by the director for use by the commission for any period of time or shall be sold at public sale by the commissioner of general services when the same has been turned over to the commissioner by the commission as now authorized by law.
  2. (b)
    1. (1) Any person claiming any property so seized as contraband goods may, within fifteen (15) days from the date of receipt of notification of seizure, and after executing a bond for costs with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250), made payable to the state of Tennessee, file with the commission at Nashville a claim in writing, requesting a hearing and stating the person's interest in the articles seized. An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the indigent person is unable to bear the cost of the proceeding.
    2. (2) The commission shall set a date for hearing within fifteen (15) days from the day the claim is filed.
    3. (3) The commission is empowered to subpoena witnesses and compel their attendance at hearings authorized hereunder. All parties to the proceeding, including the person claiming such property, shall have the right to have subpoenas issued by the commission to compel the attendance of all witnesses deemed by such parties to be necessary for a full and complete hearing. All witnesses shall be entitled to the witness fees and mileage provided by law for legal witnesses, which fees and mileage shall be paid as a part of the costs of such proceeding.
  3. (c) At each hearing authorized in subsection (b), the state shall have the burden of proving by a preponderance of the evidence that the seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture, under this part, and failure to carry the burden of proof shall operate as a bar to any forfeiture hereunder.
  4. (d) In the event the ruling of the commission is favorable to the claimant, the commission shall deliver to the claimant the alcoholic beverages or property so seized. If the ruling of the commission is adverse to the claimant, the commission shall proceed as to such contraband goods in accordance with the foregoing provisions hereof. The expenses of storage, transportation, etc., shall be adjudged as a part of the cost of the proceeding in such manner as the commission shall fix.
  5. (e)
    1. (1) Whenever, in any proceeding under this part, a claim is filed for any vehicle, aircraft or boat seized, as provided in this section, by an owner or other person asserting the interest of the owner, the commissioner shall not allow the claim unless and until the claimant proves that:
      1. (A) The claimant has an interest in such property which the claimant acquired in good faith; and
      2. (B) The claimant had at no time any knowledge or reason to believe that it was being or would be used in the violation of the laws of the United States or of the state of Tennessee relating to liquor.
    2. (2) Whenever, in any proceeding under this section, a claim is filed for any property seized, as provided in this section, by a person who is the holder of a security interest or other claim arising out of a contract or agreement, the commissioner shall not allow the claim unless and until the claimant proves that such claimant has an interest in such property which such claimant acquired in good faith. An interest which is acquired in the ordinary course of business shall be presumed to be in good faith unless the commissioner receives evidence that the holder of the security interest had knowledge, at the time the interest attached, of the intended illegal use of the vehicle or was a co-conspirator in furtherance of the illegal activity. A holder of a security interest which is other than a natural person shall be considered a co-conspirator for purposes of this section, if evidence shows that an officer, employee or agent of the holder acting within the scope of employment is a co-conspirator, and the holder either:
      1. (A) Has actual knowledge of the illegal activities of the officer, employee or agent from an individual other than the officer, employee or agent and fails to take appropriate action; or
      2. (B) The holder has failed to reasonably supervise or monitor the activities of the officer, employee or agent.
    3. (3) In the event the interest of the owner is forfeited as provided in subdivision (e)(1) and the interest of the holder of a security interest is not forfeited as provided in subdivision (e)(2), the commissioner may, at the request of the holder of such interest, return the property to the holder for disposition in accordance with the applicable security agreement or other contract. If the commissioner does not return the property to the holder, the forfeiture shall be subject to the holder's interest.
    4. (4) An owner whose interest is forfeited after being arrested for, or charged with, any felony, shall be ineligible to purchase the property from, or to bid at any sale of the property by, the commissioner or any seizing agency. The owner whose interest is forfeited after being arrested for, or charged with, any felony, shall also be ineligible to redeem the property from, or to bid at any sale of the property by, any holder of a security interest acting pursuant to the agreement contract or title 47, chapter 9.
  6. (f) Pending any proceeding to recover a vehicle, aircraft or boat seized hereunder, the commission may order delivery thereof to any claimant who shall establish the right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the commission, and deliver to the commission, a bond in favor of the state of Tennessee for the payment of a sum double the appraised value thereof as of the time of the hearing; and conditioned further that, if the vehicle, aircraft or boat is not returned at the time of hearing, the bond shall stand in lieu of and be forfeited in the same manner as such vehicle, aircraft or boat.
  7. (g) The commission may personally hold such hearings as it may deem proper. In addition thereto, the commission is authorized to designate a hearing officer who may hold such hearings in the place and in the absence of the commission. Such hearing officer shall make findings of fact, conclusions of law, and proposed order based thereon. If the commission concurs, it shall issue the order; or it may, upon review of the record, make such findings, conclusions and issue such order as, in its discretion, the record justifies. At all hearings provided for herein, the commission shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at such hearing. The claimant or protestant shall be entitled to a copy of the stenographic record, upon application therefor, and upon paying the reasonable cost thereof to be fixed by the commission.
Backlinks (2)
History (16)
  • Acts 1941, ch. 119, § 2
  • 1947, ch. 128, § 1
  • C. Supp. 1950, § 6648.25 (Williams, § 6648.27)
  • Acts 1955, ch. 347, § 6
  • impl. am. Acts 1959, ch. 9, §§ 5, 14
  • Acts 1959, ch. 301, § 3
  • 1959, ch. 302, § 1
  • impl. am. Acts 1961, ch. 97, § 5
  • Acts 1963, ch. 258, § 1
  • 1967, ch. 368, § 1
  • 1970, ch. 451, § 3
  • impl. am. Acts 1972, ch. 543, § 7
  • Acts 1973, ch. 357, §§ 2-4
  • T.C.A. (orig. ed.), § 57-623
  • Acts 1985, ch. 76, § 3
  • 1990, ch. 1037, §§ 2, 5.
§ 57-9-203. Review of action of commission — Appeal to supreme court.
  1. (a) The action of the alcoholic beverage commission may be reviewed by petition for common-law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date the order of the commission is made.
  2. (b) Immediately upon the grant of the writ of certiorari the commission shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commission. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript unless the time be extended by the court.
  3. (c) The decision of the commission shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commission, and neither party shall be entitled to introduce any additional evidence in the circuit court. The confiscated goods shall not be sold pending such review, but shall be stored by the commission until the final disposition of the case.
  4. (d) Within the discretion of the commission, the claimant may be awarded possession of the confiscated goods pending the decision of the circuit court under the petition of certiorari; provided, that the claimant shall be required to execute a bond payable to the state of Tennessee in an amount double the value of the property seized, the sureties to be approved by the commission. The condition of the bond shall be that the obligors shall pay to the state, through the commission, the full value of the goods or property seized, unless upon certiorari the decision of the commission shall be reversed and the property awarded to the claimant.
  5. (e) Either party dissatisfied with the judgment or decree of the circuit court may upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any such appeal is made, the clerk of the circuit court in which such suit was pending shall include as a part of the record the original certified transcript of the proceedings had before the commission. The appeal shall be advanced upon the docket of the supreme court as one of such precedence, and heard as promptly as practicable.
History (6)
  • Acts 1941, ch. 119, § 3
  • 1945, ch. 88, § 1
  • C. Supp. 1950, § 6648.26 (Williams, § 6648.28)
  • impl. am. Acts 1963, ch. 258, §§ 2, 3
  • T.C.A. (orig. ed.), § 57-624
  • Acts 1981, ch. 449, § 2.
§ 57-9-204. Forfeiture of unclaimed property — Exclusivity of remedy.
  1. (a) If no claim is interposed, such alcoholic beverages or other property shall be forfeited without further proceedings and the same shall be sold as herein provided.
  2. (b) The above procedure is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
History (5)
  • Acts 1941, ch. 119, § 4
  • C. Supp. 1950, § 6648.27 (Williams, § 6648.29)
  • Acts 1955, ch. 347, § 7
  • 1959, ch. 302, § 2
  • T.C.A. (orig. ed.), § 57-625.
§ 57-9-205. Employment of aides and assistants by commission — Disposition of revenues.
  1. (a) The commission shall have the authority, by and with the consent of the governor, to employ such aides and assistants that may be deemed necessary in the proper enforcement of this part and the collection of all taxes upon alcoholic beverages containing more than five percent (5%) alcohol, whose compensation shall be approved by the governor and paid out of the funds or receipts collected from taxes on alcoholic beverages; provided, however, that the cost of administering the alcoholic beverage statutes shall not exceed five percent (5%) of the gross amount of the revenues collected from such sources, which expenses shall be deducted before any allocation or distribution is made by the state.
  2. (b) The proceeds of all seizures, confiscations and sales made under this part shall be paid by the commission into the state treasury; provided, that ten percent (10%) of such proceeds shall be set aside as expenses for the administration of this part.
  3. (c) All revenues derived from the sales of contraband goods after deducting the expenses of the enforcement of this part shall be distributed as in the case of other revenues from alcoholic beverages; that is, one-half (½) to the state and one-half (½) to the counties, as provided by § 57-3-306.
History (4)
  • Acts 1941, ch. 119, § 5
  • C. Supp. 1950, § 6648.28 (Williams, § 6648.30)
  • impl. am. Acts 1963, ch. 258, §§ 2, 3
  • T.C.A. (orig. ed.), § 57-626.
§ 57-9-206. Employees authorized to carry arms — Execution of search warrants.
  1. (a) Any duly authorized representative or employee of the commission, who has been designated by the commission to enforce this part, is authorized and empowered to go armed, or carry a pistol while on active duty engaged in enforcing this part.
  2. (b) Any such duly authorized representative or employee of the commission who has been designated by the commission to enforce this part is authorized and empowered to execute search warrants and do all acts incident thereto, in the same manner as search warrants may be levied by sheriffs and other peace officers.
History (4)
  • Acts 1941, ch. 119, § 6
  • C. Supp. 1950, § 6648.29 (Williams, § 6648.31)
  • impl. am. Acts 1963, ch. 258, §§ 2, 3
  • T.C.A. (orig. ed.), § 57-627.