Tenn. Comp. R. & Regs. 0100-03-.18 - TRANSFER OF LICENSES

Current through March 20, 2022

(1) The transfer of a retail liquor license from one location to another shall be subject to the following provisions:

(a) The new location must be within the same city as the original location.

(b) The application for transfer must pay or must have paid the full annual license fee for the year in which the transfer is requested.

(c) The physical transfer of the store must be completed within ninety (90) days after the transfer is granted. Under exceptional and unusual circumstances, the applicant may request an additional thirty (30) days' time. However, the request must be made in writing and must state the reasons for the extension. Such request must be submitted to the Commission prior to the aforementioned ninetieth (90^th) day.

(d) The approval of all applications for the transfer of a retail liquor license shall be within the discretion of the Alcoholic Beverage Commission.

(e) Circumstances which may be considered by the Commission include:

1. Physical destruction of the premises not the fault of the licensee.

2. Bona fide termination of the lease, with the remaining term of the lease not to exceed one (1) year from the date the transfer is considered by the Commission.

(i) Accompanying each application for transfer shall be a sworn statement by the applicant declaring the reason for the lease termination.

(ii) If the applicant for transfer is purchasing the property for the proposed new location, then the appropriate documents shall be submitted with the application evidencing the purchase.

(iii) If the applicant for transfer is building a new structure for the proposed new location, the structure's blue prints or other building plans shall be submitted with the application.

3. Eminent domain or condemnation proceeding causing serious disruption of the business.

4. Substantial changes in traffic patterns surrounding the existing store.

5. Situations, which in the discretion of the Commission, are determined to be a material change of circumstances.

(f) The application for a transfer of a retail liquor license shall follow the procedural requirements prescribed for applications for new licenses contained in Rule 0100-03-.09(9).

(g) The proposed new location must comply with such statutes, regulations, and ordinances for new licenses as are determined to be applicable and material in the discretion of the Commission.

Notes

Tenn. Comp. R. & Regs. 0100-03-.18

Original rule certified June 7, 1974. 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. §§ 57-1-209, 57-3-104, 57-3-104(c)(4), 57-3-212, 57-4-201, 57-4-201(a)(2), and 57-818.