Tenn. Comp. R. & Regs. 0100-03-.09 - LICENSES AND PERMITS

Current through March 20, 2022

(1) Full-time Municipal Law Enforcement Department Required. No retail liquor license shall be granted for a location which is not situated within the jurisdiction of a regular full-time municipal law enforcement department or within a jurisdiction that has contracted with a regular full-time law enforcement department to provide services to the jurisdiction.
(2) Financial Disclosure.
(a) Applicants for retail liquor licenses shall submit, in conjunction with their application, proof of financial responsibility. Specifically required with each application are the following:
1. Financial statements containing financial information as requested by the Commission;
2. Loan agreements related to the licensed premises, the retail liquor operation, or any other interests in other liquor-related businesses owned by the applicant;
3. Gifts related to the licensed premises, the retail liquor operation, or any other interest in other liquor-related businesses owned by the applicant; and
4. Any other information requested by the Commission.
(b) The Commission may refuse to grant a retail liquor license to any applicant who fails to demonstrate, by a preponderance of the evidence, the financial ability and responsibility to reasonably conduct business.
(c) Upon renewal of an existing license the applicant for renewal need submit only the financial information as specifically requested by the Commission.
(3) Limit on Wholesalers' Licenses. No person, partnership, or corporation will be issued a wholesaler's license in more than one (1) municipality in the same county.
(4) Restriction on License After Surrender or Revocation.
(a) No license will be issued to the spouse, child or children, son-in-law, daughter-in-law, or other person having any interest in the business of a licensee whose license has been revoked, for the privilege of doing business at the same location or in close proximity to the location of the establishment whose license was revoked for a period of one (1) year after said revocation. The Commission may, in its discretion, waive this prohibition.
(b) The Commission may refuse to reissue a license to the same person, firm, or corporation whose license has been revoked for one (1) year from the date of said revocation.
(c) The Commission may treat a surrender of a license as a revocation under the restrictions contained in this paragraph.
(5) Must Surrender License If Business Discontinued. Whenever any licensee discontinues business for any reason, he shall immediately notify the Commission in writing and surrender his license.
(6) Time Requirement to Commence Business. Approval, by the Commission, of the issuance of a new wholesaler's or retailer's license or the transfer of such a license to a different entity, shall automatically expire ninety (90) calendar days after such approval if the new license has not opened for business, unless a written request is received by the Commission for an extension of approval.
(7) Licensees Not Required To Have Permits. Persons whose names are listed on a license issued by the Commission are not required to obtain permits.
(8) Retail Licensees Not To Hold Federal Wholesale Stamp. No licensed retail liquor dealer shall purchase or have issued to him, nor may he possess, any federal liquor license, stamp, or permit without the corresponding state liquor license. Possession by any licensed retail liquor dealer of any such federal license, stamp, or permit without the corresponding state liquor license will be grounds for the revocation of his retail liquor license.
(9) Procedure for Off-Premise Retail License Application. Whenever any person has applied to the Alcoholic Beverage Commission for a license pursuant to T.C.A. § 57-3-204, except for an application for license renewal, the Commission may, at its discretion, conduct a hearing pursuant to the provisions of T.C.A. §§ 4-5-101 et seq. to determine whether the license shall be issued. The hearing may be held unless the applicant, municipality, or civil district wherein the applicant intends to conduct business and the Commission have stipulated in writing that no such hearing is necessary. However, when the municipality or civil district wherein the applicant intends to conduct business fails to grant or deny the certificate required by T.C.A. § 57-3-208 within sixty (60) days of the written application, the certificate is deemed to be granted, and further, the municipality or civil district is deemed to have stipulated that the hearing regarding the issuance of a license is not necessary.

Notes

Tenn. Comp. R. & Regs. 0100-03-.09
Original rule certified June 7, 1974. Amendment filed September 6, 1978; effective October 23, 1978. Amendment filed November 21, 1979; effective February 28, 1982. Amendment and new rule filed March 17, 1980; effective May 1, 1980. Amendment by Public Chapter 261; effective July 1, 1983. Amendment filed May 10, 1983; effective August 15, 1983. Amendment filed April 23, 1984; effective July 14, 1984. Amendment filed January 14, 1986; effective April 15, 1986. Amendment filed February 12, 1990; effective May 29, 1990. Amendment filed October 15, 1991; effective January 29, 1992. Repeal and new rule filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed January 25, 2019; to have become effective April 25, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date 6/24/2019.

Authority: T.C.A. §§ 57-1-201, 57-1-209, 57-3-104, 57-3-104(c)(4), 57-3-203, 57-3-204, 57-3-208, 57-3-208(e), and 57-4-201.

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