Rules & Regulations of the State of Tennessee
Title 0080 - Department of Agriculture
Subtitle 0080-04 - Food
Chapter 0080-04-03 - Distilled Spirits
Section 0080-04-03-.03 - LICENSE APPLICATION AND FEES

Universal Citation: TN Comp Rules and Regs 0080-04-03-.03

Current through September 24, 2024

(1) A distilled spirits license is required for each location where distilled spirits are produced in commerce.

(2) Application for a license shall be made on forms provided by the department, which shall be completed in full and may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any applicant that is not an individual or a partner in a general partnership:
1. Applicant's registration in its state of incorporation; or,

2. Applicant's business license issued by a local governmental authority;

(d) Contact information for applicant to include name of person legally responsible for applicant's operations, telephone number, email address, and address of the principal place of business;

(e) Address of the location to be licensed for production of distilled spirits in commerce; and,

(f) Other information as required by the department.

(3) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) The fee for a distilled spirits license is a Tier 2 annual fee under T.C.A. § 43-1-703(f) for production facilities up to 10,000 square feet, and a Tier 3 annual fee under T.C.A. § 43-1-703(f) for production facilities larger than 10,000 square feet.

(5) License applicants shall submit an application and license fee to the department on or before July 1 of each year. Licenses expire on June 30 following their issuance. If an applicant for renewal fails to submit payment of the license fee on or before the following July 16, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43-1-703 prior to renewal of the license.

(6) It is the intent of the department that licensees not be unduly required to pay multiple license fees under departmental rules regarding food production. In order to minimize payment of multiple license fees, the department may determine in its discretion the primary business of a licensee (e.g. commercial food manufacturer, retail food store, distilled spirits producer, etc.) and waive those license fees associated with other food licenses issued by the department for ancillary operations of the business. Waiver of license fees for ancillary operations shall not exempt licensees from regulatory requirements otherwise applicable to those ancillary operations.

(7) The department may deny any application for licensure that is not completed in accordance with this rule.

Authority: T.C.A. §§ 4-3-203 and 53-1-207.

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