Tenn. Comp. R. & Regs. 0100-11-.01 - LICENSES AND PERMITS
(1) Procedure
for Off-Premise Retail Food Store Wine License Application. An application for
a retail food store wine license shall be made on forms provided for such
purpose by the Commission. In addition to completing and filing such forms,
data, written statements, affidavits, evidence or other documents deemed a part
of the application, an applicant shall provide the Commission with the
following information:
(a) Applications shall
be submitted to the TABC Headquarters offices in Nashville, Tennessee or
on-line at the TABC website. In addition to the application and other forms
provided by the Commission, the following data, written statements, affidavits,
evidence or other documents must be submitted in support of an application for
a retail food store wine license:
1.
Completed application;
2. Completed
questionnaires from all individuals having at least a ten percent (10%)
ownership interest in the business and from all executive officers of a
corporate applicant. As used in this rule, the term "executive officers" shall
mean each of the following four persons:
(1)
the President or Chief Executive Officer (CEO);
(2) the Vice President or Chief Operating
Officer (COO);
(3) the Secretary;
and
(4) the Treasurer or Chief
Financial Officer (CFO). The term "executive officers" shall include the four
(4) individuals that best fit into each of the above categories, respectively
and shall not include more than four (4) individuals, including assistant
Secretaries, assistant officers, and other such individuals;
3. Proof of possession of the
licensed premises, i.e., lease agreements, assignments, subleases, and/or deed
to property;
4. Affidavit from the
landlord or owner of the proposed location of the applicant's retail food store
stating that there does not exist any lease or deed restrictions or covenants
limiting or restricting the sale or distribution of wine or other alcoholic
products (i.e. alcoholic beverages and/or beer as defined in T.C.A. §
57-5-101) by any tenant within the same shopping center or development of the
applicant;
5. A copy of any
management or franchise agreement, if applicable;
6. Affidavit regarding amount of sales
taxable sales of the applicant and copies of applicant's sales tax returns
filed with the Tennessee Department of Revenue for the last complete business
year;
7. Affidavit regarding amount
of retail floor space of the applicant;
8. If not included in the lease, a site-plan
designating the premises and the parking areas;
9. Certificate of Good Moral Character,
Zoning and Approved Sales of Wine by local option election, as required by
T.C.A. §§
57-3-801, 57-3-805 & 57-3-806, issued within one
hundred eighty (180) days of the applicant's application and signed by the
county executive 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, signed by the mayor (or highest executive
officer) or a majority of the commission, city council, or legislative body of
the municipality;
10. Inspection by
the Tennessee Alcoholic Beverage Commission;
11. Acknowledgement of the rules and
regulations;
12. Proof that
applicant entity, if a corporation, LLC, LP, etc., is registered with the
Tennessee Secretary of State's Office, and the submission by said applicant
entity of a Certificate of Existence/Good Standing issued by the Tennessee
Secretary of State's Office within thirty (30) days of applicant's application
for a new or renewed license. If applicant entity was formed in another state
or foreign jurisdiction, applicant must submit a Certificate of Authorization
issued by the Tennessee Secretary of State's Office within thirty (30) days of
applicant's application for a new license or renewal of an existing
license;
13. Corporate
charter/Articles of Organization;
14. List of Officers/Owners/Members/Partners.
Any owner of less than ten percent (10%) of the applicant need not be
individually identified;
15. Sales
& Use Tax Certificate of Registration;
16. Application fee;
17. Completed declarations of citizenship to
be submitted by owner(s), member(s), executive officer(s), and/or principal(s)
of the applicant and others as required by P.C. 1061 (2012);
18. Designation by the applicant of a TABC
permitted manager or managers who will be in actual control of the retail wine
sale operations upon the applicant's premises; and
19. Any other information that the Tennessee
Alcoholic Beverage Commission may request pursuant to the provisions of Tenn.
Code Ann. §§
57-3-801, et.seq.
(b) In addition, any of the following
documents which exist must also be submitted:
1. Management agreements;
2. Bill of sale.
(c) If a county or municipality wherein the
applicant intends to conduct business fails to grant or deny the certificate
required by T.C.A. §
57-3-806 within sixty (60) days of receipt of the
written application for a certificate, the certificate is deemed to be
granted.
(d) Required documents for
renewals. All required documents listed in this paragraph are only required for
all new applications and are only required for renewal applications upon
specific request of TABC staff.
(e)
Establishments with the same ownership. A chain or group of retail stores that
operate under the same ownership, such as pursuant to a corporate charter or
operating agreement, are not required to submit the required documentation for
each and every location of the store or chain, unless otherwise requested by
TABC staff.
(f) Alternative
documents. The TABC may, at its sole discretion, accept a document other than a
specified required document listed in this paragraph, where such other document
satisfies the policy or legal rationale for the specified document.
(2) If a lease agreement,
assignment, sublease or other documentation executed by the applicant for a
retail food store wine license and the owner or landlord of the proposed
location, sought to be licensed, contains provisions that would limit or
restrict the sale or distribution of wine or other alcoholic products (i.e.
alcoholic beverages and/or beer as defined in T.C.A. §
57-5-101) within
the same shopping center or other development whereupon the applicant seeks to
license its premises, the applicant and the owner or landlord of the proposed
location, shopping center or other development, must submit documentation
acceptable to the Commission waiving any such restrictions to any and all
tenants within the same shopping center or other development. An applicant is
not required to obtain and submit the leases of other tenants of the shopping
center or other development. However, lease or deed restrictions or covenants
imposed by an owner or landlord limiting or restricting the sale or
distribution of wine or other alcoholic products (i.e. alcoholic beverages
and/or beer as defined in T.C.A. §
57-5-101) by other tenants within the
same shopping center or development will serve to prohibit the issuance to the
applicant of a retail food store wine license at the proposed
location.
(3) An applicant for a
retail food store wine license shall identify all retail liquor stores within
500 feet measured from the closest outside wall of the confines of the retail
food store to the closest outside wall of the retail liquor store. An applicant
may submit waivers of the permission required pursuant to T.C.A. §
57-3-806(e) from the retail liquor stores located within 500 feet of the
applicant's retail food store, signed by the owners of such retail liquor
stores, and such waivers shall be deemed to be written permission from the
retail liquor store for the issuance of the retail food store wine license to
the applicant.
(a) Upon receipt of an
application for a retail food store wine license application, and in the
absence of the submission of a signed waiver from the owner of a retail liquor
store located within 500 feet of the applicant's retail food store, the
Commission shall notify the retail liquor store, by email if the retail liquor
store has provided an email address or by telephone if not provided, of the
applicant requesting said waiver.
(b) The retail liquor store shall have 30
days to respond to the communication from the Commission by either granting
permission for the issuance of a retail food store license or denying the
issuance of a retail food store license.
(c) If the retail liquor store does not
respond within 30 days, such non-response shall be considered a denial of
permission.
(d) If a retail liquor
store denies permission for the issuance of retail food store wine license, it
shall immediately cease selling all items identified in T.C.A. §
57-3-404(e). A retail liquor store may not resume selling the items identified
in T.C.A. §
57-3-404(e) until permission is granted to the retail food
store wine applicant and the Commission is notified in writing of this grant of
permission or July 1, 2017, whichever occurs first.
(e) The grant of permission to a retail food
store shall survive any and all subsequent purchases of a retail liquor store
by a new owner and once a written grant of permission has been given to a
retail food store it may not be rescinded.
(4) Restriction on License after Revocation.
If a retail food store wine license is revoked by the Commission, for a period
of one (1) year following revocation, no subsequent license shall be issued to
the spouse, child or children, daughter-in-law, son-in-law or other person
having any interest in the business of the licensee whose license was revoked.
Additionally, for a period of one (1) year following revocation, no license
shall be issued at the same location or in close proximity of the same
location. The Commission may, in its discretion, waive the prohibition
regarding locations.
(5) Must
Surrender License If Business Discontinued. Whenever any licensee discontinues
business for any reason, it shall immediately notify the Commission in writing
and surrender its license.
(6) Time
Requirement to Commence Business. Approval of the issuance of a retail food
store wine license by the Commission shall automatically expire ninety (90)
calendar days after such approval if the licensee has not opened for business,
unless a written request is received and granted for an extension.
(7) Business Name Change. At least seven (7)
calendar days prior to any change in its business name or "d/b/a", a licensee
shall submit the proposed change in writing to the Commission for approval.
Upon approval and within a reasonable time, the Commission will amend the
licensee's electronic record to reflect the licensee's new business or "d/b/a"
name.
(8) Display of License. Any
person, partnership, corporation, or other legal entity holding a retail food
store wine license shall prominently display and post, and keep displayed and
posted, in a conspicuous place in the licensed premises, the license so
issued.
Notes
Authority: T.C.A. §§ 57-1-209, 57-3-104(c)(4) and (5), 57-3-803, and 57-3-806.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.