Tenn. Comp. R. & Regs. 0100-07-.03 - SALES OF WINE BY WINERIES AND FARM WINE PRODUCERS
(1) Wineries licensed hereunder in this state
may sell on their licensed premises at retail only wine produced on their own
premises. Farm wine producers licensed hereunder in this state may sell on
their licensed premises at retail only wine produced from the grapes and/or
fruits of their vineyard, orchard or fruit garden. Wine sold for consumption on
the premises shall be subject to the tax provided in T.C.A. §
57-4-301(c);
provided that wine sold at retail in sealed containers for consumption on the
premises but not in the bonded areas and samples of wine sold for consumption
on the premises shall not be subject to said tax pursuant to T.C.A. §
57-3-207(t)(2).
Samples may be given or sold on the premises except that no such sample shall
exceed two ounces per variety for one person on the same day.
(2) Wineries and farm wine producers in this
state may sell no more than five (5) cases or sixty (60) liters of bottled wine
to any single retail customer in one (1) day.
(3) Winery and farm wine producer licensees
are subject to the restrictions contained in Alcoholic Beverage Commission
Rules 0100-03-.02 (Advertising Of Wine In Newspapers, Magazines Or Similar
Publications), 0100-03-.03 (Advertising Of Distilled Spirits And Wine By Direct
Mail), 0100-03-.04 (Advertising Of Distilled Spirits And Wine On Radio And
Television) and 0100-03-.20 (Responsibility And Penalties For
Violations).
(4) Other than
permitted sales or samplings on the licensed premises, and other than pursuant
to a self-distribution permit, no winery licensee shall sell or otherwise
convey any tax-paid wine to any person, firm or corporation in Tennessee except
to a Tennessee licensed wholesaler or in conjunction with a non-profit
organization authorized by the Commission to conduct a wine festival as
provided at T.C.A. §
57-3-207. This provision shall not
prohibit the transfer of wine in bulk from one Tennessee winery to another nor
the transfer of wine to farm wine producers.
(5) No licensee shall sell, furnish, give or
cause to be sold, furnished or given, any wine to any person under the age of
minority as defined by T.C.A. §
57-4-203(b).
(6) Licensees hereunder shall not sell or
give away wine between the hours of 12:00 midnight and 8:00 a.m.
(7) Wineries and farm wine producers licensed
under provisions of T.C.A. §
57-3-207 are permitted to
advertise on billboards and outside signs with locations not restricted to
those counties which have legalized the sale of alcoholic beverages under
provisions of T.C.A. §
57-3-106. Said billboards and
outside signs are subject to the following restrictions:
(a) Information appearing on billboards and
outside signs shall be limited to the name of the winery, directions to the
winery premises, and products and services offered as authorized by T.C.A.
§
57-3-207.
(b) No such billboard or outside sign shall
contain statements prohibited by 0100-03-.02 (4).
(c) Local Control. Billboards and outside
signs approved herein are subject to reasonable rules and regulations duly
adopted by proper governing bodies of the county and city wherein
located.
(d) Prior Approval.
Billboards and outside signs conforming to the foregoing provisions need not
have prior approval of the Commission and prior Commission approval does not
sanction any violation of the Tennessee Code, TABC Rules or valid county or
city ordinance.
Notes
Authority: T.C.A. §§ 57-1-209, 57-3-104(c)(4), and 57-3-207.
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