0100-03-.10
Transportation And Delivery Of Alcoholic Beverages
Cite as Tenn. Comp. R. & Regs. 0100-03-.10
(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 (2½) 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.
LOCAL OPTION LIQUOR RULES
CHAPTER 0100-03
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.