Current through September 24, 2024
(1)
Requirement for All Transporters. Any person transporting alcoholic beverages
within, into, through, or from the State of Tennessee must comply with the
provisions of T.C.A. § 57-3-403, and shall, when requested by any
representative of the Commission, or person having police authority, exhibit to
such person the required bill of lading or other memorandum of shipment
covering the cargo of the vehicle.
(2) Requirements for Tennessee-Licensed
Wholesalers.
(a) All trucks and other motor
vehicles owned or leased and operated by any Tennessee licensed wholesaler, and
used to transport, haul, deliver, or carry alcoholic beverages, shall have the
name and address of such licensee printed on each side and on the rear of said
truck or motor vehicle in legible letters of a minimum height as hereinafter
prescribed. The name of the licensee shall be in letters not less than four (4)
inches in height, the address of such licensee shall appear in letters of not
less than two and one half (21/2) inches in height. The following words, but no
others, may be abbreviated: Tennessee (Tenn.), Company (Co.), and Incorporated
(Inc.).
(b) Irrespective of any
provision to the contrary contained within this regulation, a licensed
wholesaler, a salesperson employed by a licensed wholesaler, or an employee of
a wholesaler who has an active employee permit issued by the Commission, may
transport and make deliveries of beverage alcohol in amounts less than twenty
(20) cases in vehicles which may or may not be owned or leased by the licensed
wholesaler so long as the wholesaler, salesman, or employee possesses written
documentation identifying the seller, purchaser, and the quantity and identity
of products being delivered and so long as such delivery and transportation
complies with the other transportation and delivery provisions of this
regulation. Any wholesaler who authorizes such individual to transport in such
a fashion shall be responsible for that individual's compliance with these
rules.
(3) Wholesaler Must
Deliver Off Premises. All alcoholic beverages sold by a wholesaler must be
delivered away from his premises and then only to another licensed wholesaler,
to a retailer or his employee at the retailer's licensed premises, to a retail
food store or any employee of the retail food store at the retail food store's
licensed premises, or to a Department of Defense Installation after compliance
with T.C.A. § 57-3-110. Delivery to a wholesaler in another county must be
by common carrier.
(4) Pickup by
Retailer Prohibited. No retailer or his employees shall accept any alcoholic
beverages at the wholesaler's premises or elsewhere other than at the licensed
premises of the retailer.
(5)
Transportation of Alcoholic Beverages by Retail Package Stores. Where alcoholic
beverages are desired to be transported for consumer educational seminars
authorized by Rule
0100-03-.11(5),
such transportation may be conducted by the wholesaler or retailer in
accordance with the following provisions of this subparagraph:
(a) The wholesaler or retailer shall
transport alcoholic beverages directly to the location of the consumer
educational seminar no more than twenty-four (24) hours prior to the time
reported to the Commission for the start of the consumer educational
seminar.
(b) All unsealed or
otherwise opened containers of alcoholic beverages not consumed during the
registered time of a consumer educational seminar shall be disposed of by
removing opened container(s) and returning the product to the retail or
wholesale premises. Such product, if returned to the retail licensee's
premises, shall be documented as to its source and may only be used for
employee training purposes. No sealed or unsealed containers of alcoholic
beverages shall be given, sold, or otherwise transferred to persons attending a
consumer educational seminar, to an on-premises consumption licensee, or to any
other person.
(c) The wholesaler or
retailer shall transport any unopened containers directly back to the licensed
retail location within twenty-four (24) hours of the conclusion of the consumer
educational seminar if the retailer purchased the alcohol. However, if the
wholesaler donated the alcohol, then the wholesaler may, at its option, return
such alcohol to its inventory or provide such alcohol to the retailer for use
in employee training and not for resale.
(d) There shall accompany such alcoholic
beverages at all times during transportation by the wholesaler or retailer as
authorized herein, a copy of the written notification to the Commission
regarding the consumer educational seminar and a copy of the invoice. Further,
any retailer transporting the alcohol to the approved seminar shall take a
reasonably direct route from the location where the alcohol is obtained (either
the wholesaler's licensed premises or the retailer's licensed premises) to the
address of the consumer educational seminar approved by the
Commission.
(6) Metric Net
Contents.
(a) Distilled Spirits. The
authorized standards of fill for distilled spirits shall be those container
sizes authorized by 27 CFR § 5.47a.
(b) Wine. The authorized standards of fill
for wine, as defined in 27
CFR §
24.10, shall be those container
sizes authorized by 27 CFR
§
4.72.
Authority: T.C.A. §§
57-1-201,
57-1-209,
57-3-104,
57-3-203,
57-3-204,
57-3-208, and
57-4-201.
