Tenn. Comp. R. & Regs. 0100-11-.07 - CONDUCT OF INDUSTRY MEMBERS WITH RETAIL FOOD STORES

Current through March 20, 2022

(1) The provisions of Rule 0100-06 shall apply to retail food stores, except as otherwise provided:

(a) An industry member may not provide stocking, rotating, or pricing services on the premises of a retail food store;

(b) An industry member may provide product displays, signs, point of sale advertising materials, equipment, supplies, and other items authorized by Rule 0100-06-.03, provided:

1. Such items are provided solely to a permitted manager; and

2. The industry member may not set up any such display, sign, or item, or perform any service or action whatsoever regarding such item, other than the provision of such item to the permitted manager;

3. An industry member or TABC permitted representative may provide routine business entertainment pursuant to Rule 0100-06-.03(5) and (6) and educational seminars pursuant to Rule 0100-06-.03(11) to be conducted only upon the industry member's non-bonded TABC licensed premises, provided that such routine business entertainment and educational seminars may only be provided to permitted managers and the licensee, if the licensee is an individual, and to no other employees or agents of the retail food store; and

4. Samples of wine may not be provided upon the retail food store's premises pursuant to Rule 0100-06-.03(11). Samples may only be provided to a permitted manager or licensee, if licensee is an individual, as part of an educational seminar as authorized in this rule and Rule 0100-06-.03(11).

(c) An industry member may not provide or sell to a retail food store any combination package containing wine as otherwise authorized by Rule 0100-06-.03(10).

(2) The provision of any product display, sign, point of sale advertising material, equipment, supply, or other item by a licensed wholesaler solely with regards to beer or other items that are not alcoholic beverages may be provided pursuant to all local ordinances and federal law.

(3) No TABC licensed industry member or any employee, agent, representative or salesperson employed by or representing any such TABC licensed industry member shall provide any services to or for the benefit of a retail food store wine licensee including, but not limited to services involving shelving, dressing, displaying, or setting wine inventory owned or purchased by the retail food store licensee. This prohibition shall apply to its TABC licensed industry member if the service is being performed with relation to wine, or alcoholic beverages but not beer. This prohibition shall not apply to any wholesaler, manufacturer or importer of beer or non-alcoholic items that is not licensed by the Commission.

Notes

Tenn. Comp. R. & Regs. 0100-11-.07

Original rule filed February 29, 2016; effective 5/29/2016.

Authority: T.C.A. §§ 57-1-209, 57-3-104(c)(4) and (9), 57-3-815, and 57-3-907.