Tenn. Comp. R. & Regs. 0100-03-.10 - TRANSPORTATION AND DELIVERY OF ALCOHOLIC BEVERAGES

Current through March 20, 2022

(1) Requirement For All Transporters. Any person transporting alcoholic beverages within, into, through, or from the State of Tennessee must comply with the provisions of T.C.A. § 57-3-403, and shall, when requested by any representative of the Commission, or person having police authority, exhibit to such person the required bill of lading or other memorandum of shipment covering the cargo of the vehicle.
(2) Requirements for Tennessee-Licensed Wholesalers.
(a) Trucks and other motor vehicles owned or operated by wholesalers, when transporting alcoholic beverages, are forbidden to carry any other commodities of any nature, except those items specifically authorized by statute or Chapter 0100-06 of these Rules.
(b) All trucks and other motor vehicles owned or leased and operated by any Tennessee licensed wholesaler, and used to transport, haul, deliver, or carry alcoholic beverages, shall have the name and address of such licensee printed on each side and on the rear of said truck or motor vehicle in legible letters of a minimum height as hereinafter prescribed. The name of the licensee shall be in letters not less than four (4) inches in height, the address of such licensee shall appear in letters of not less than two and one half (2 ½) inches in height and the license number shall appear in letters not less than one and one half (1 ½) inches in height. The following words, but no others, may be abbreviated: Tennessee (Tenn.), Company (Co.), and Incorporated (Inc.).
(c) Irrespective of any provision to the contrary contained within this regulation, a licensed wholesaler, a salesperson employed by a licensed wholesaler, or an employee of a wholesaler who has an active employee permit issued by the Commission, may transport and make deliveries of beverage alcohol in amounts less than twenty (20) cases in vehicles which may or may not be owned or leased by the licensed wholesaler so long as the wholesaler, salesman, or employee possesses written documentation identifying the seller, purchaser, and the quantity and identity of products being delivered and so long as such delivery and transportation complies with the other transportation and delivery provisions of this regulation. Any wholesaler who authorizes such individual to transport in such a fashion shall be responsible for that individual's compliance with these rules.
(3) Wholesaler Must Deliver Off Premises. All alcoholic beverages sold by a wholesaler must be delivered away from his premises and then only to another licensed wholesaler, to a retailer or his employee at the retailer's licensed premises, to a retail food store or any employee of the retail food store at the retail food store's licensed premises, or to a Department of Defense Installation after compliance with T.C.A. § 57-3-110. Delivery to a wholesaler in another county must be by common carrier.
(4) Pickup By Retailer Prohibited. No retailer or his employees shall accept any alcoholic beverages at the wholesaler's premises or elsewhere other than at the licensed premises of the retailer.
(5) Transportation of Alcoholic Beverages by Retail Package Stores.

Where alcoholic beverages are desired to be transported for consumer educational seminars authorized by Rule 0100-03-.11(5), such transportation may be conducted by the wholesaler or retailer in accordance with the following provisions of this subparagraph:

(a) The wholesaler or retailer shall transport alcoholic beverages directly to the location of the consumer educational seminar no more than twenty-four (24) hours prior to the time reported to the Commission for the start of the consumer educational seminar.
(b) All unsealed or otherwise opened containers of alcoholic beverages not consumed during the registered time of a consumer educational seminar shall be disposed of by removing opened container(s) and returning the product to the retail or wholesale premises. Such product, if returned to the retail licensee's premises, shall be documented as to its source and may only be used for employee training purposes. No sealed or unsealed containers of alcoholic beverages shall be given, sold, or otherwise transferred to persons attending a consumer educational seminar, to an on-premises consumption licensee, or to any other person.
(c) The wholesaler or retailer shall transport any unopened containers directly back to the licensed retail location within twenty-four (24) hours of the conclusion of the consumer educational seminar if the retailer purchased the alcohol. However, if the wholesaler donated the alcohol, then the wholesaler may, at its option, return such alcohol to its inventory or provide such alcohol to the retailer for use in employee training and not for resale.
(d) There shall accompany such alcoholic beverages at all times during transportation by the wholesaler or retailer as authorized herein, a copy of the written notification to the Commission regarding the consumer educational seminar and a copy of the invoice. Further, any retailer transporting the alcohol to the approved seminar shall take a reasonably direct route from the location where the alcohol is obtained (either the wholesaler's licensed premises or the retailer's licensed premises) to the address of the consumer educational seminar approved by the Commission.
(6) Metric Net Contents.
(a) Distilled Spirits. The authorized standards of fill for distilled spirits shall be those container sizes authorized by 27 CFR § 5.47a.
(b) Wine. The authorized standards of fill for wine, as defined in 27 CFR § 24.10, shall be those container sizes authorized by 27 CFR § 4.72.

Notes

Tenn. Comp. R. & Regs. 0100-03-.10
Original rule certified June 7, 1974. Amendment filed April 29, 1982; effective July 29, 1982. Amendment by Public Chapter 261; effective July 1, 1983. Amendment filed May 10, 1983; effective August 15, 1983. Amendment filed September 9, 1983; effective October 11, 1983. Amendment filed April 23, 1984; effective May 23, 1984. Amendment filed September 10, 1985; effective December 14, 1985. Amendment filed July 31, 1987; effective October 28, 1987. Amendment filed August 15, 1997; effective December 29, 1997. Amendment filed August 18, 1998; effective December 29, 1998. Repeal and new rules 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. §§ 57-132, 57-136, 57-151, 57-1-201, 57-1-209, 57-3-104, 57-3-203, 57-3-218, 57-3-301, 57-3-303, 57-3-307, 57-3-110, 57-3-402, 57-3-403, 57-818, 67-101, and 67-1-102.

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