Rules & Regulations of the State of Tennessee
Title 0100 - Alcoholic Beverage Commission
Chapter 0100-03 - Local Option Liquor Rules
Section 0100-03-.18 - TRANSFER OF LICENSES
Universal Citation: TN Comp Rules and Regs 0100-03-.18
Current through April 3, 2024
(1) The transfer of a retail liquor license from one location to another shall be subject to the following provisions:
(a) The new location
must be within the same city as the original location.
(b) The application for transfer must pay or
must have paid the full annual license fee for the year in which the transfer
is requested.
(c) The physical
transfer of the store must be completed within ninety (90) days after the
transfer is granted. Under exceptional and unusual circumstances, the applicant
may request an additional thirty (30) days' time. However, the request must be
made in writing and must state the reasons for the extension. Such request must
be submitted to the Commission prior to the aforementioned ninetieth
(90th) day.
(d) The approval of all applications for the
transfer of a retail liquor license shall be within the discretion of the
Alcoholic Beverage Commission.
(e)
Circumstances which may be considered by the Commission include:
1. Physical destruction of the premises not
the fault of the licensee.
2. Bona
fide termination of the lease, with the remaining term of the lease not to
exceed one (1) year from the date the transfer is considered by the Commission.
(i) Accompanying each application for
transfer shall be a sworn statement by the applicant declaring the reason for
the lease termination.
(ii) If the
applicant for transfer is purchasing the property for the proposed new
location, then the appropriate documents shall be submitted with the
application evidencing the purchase.
(iii) If the applicant for transfer is
building a new structure for the proposed new location, the structure's blue
prints or other building plans shall be submitted with the
application.
3. Eminent
domain or condemnation proceeding causing serious disruption of the
business.
4. Substantial changes in
traffic patterns surrounding the existing store.
5. Situations, which in the discretion of the
Commission, are determined to be a material change of circumstances.
(f) The application for a transfer
of a retail liquor license shall follow the procedural requirements prescribed
for applications for new licenses contained in Rule
0100-03-.09(9).
(g) The proposed new location must comply
with such statutes, regulations, and ordinances for new licenses as are
determined to be applicable and material in the discretion of the
Commission.
Authority: T.C.A. §§ 57-1-209, 57-3-104, 57-3-104(c)(4), 57-3-212, 57-4-201, 57-4-201(a)(2), and 57-818.
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