Tenn. Comp. R. & Regs. 0100-03-.09 - LICENSES AND PERMITS
(1) Full-time
Municipal Law Enforcement Department Required. No retail liquor license shall
be granted for a location which is not situated within the jurisdiction of a
regular full-time municipal law enforcement department or within a jurisdiction
that has contracted with a regular full-time law enforcement department to
provide services to the jurisdiction.
(2) Financial Disclosure.
(a) Applicants for retail liquor licenses
shall submit, in conjunction with their application, proof of financial
responsibility. Specifically required with each application are the following:
1. Financial statements containing financial
information as requested by the Commission;
2. Loan agreements related to the licensed
premises, the retail liquor operation, or any other interests in other
liquor-related businesses owned by the applicant;
3. Gifts related to the licensed premises,
the retail liquor operation, or any other interest in other liquor-related
businesses owned by the applicant; and
4. Any other information requested by the
Commission.
(b) The
Commission may refuse to grant a retail liquor license to any applicant who
fails to demonstrate, by a preponderance of the evidence, the financial ability
and responsibility to reasonably conduct business.
(c) Upon renewal of an existing license the
applicant for renewal need submit only the financial information as
specifically requested by the Commission.
(3) Limit on Wholesalers' Licenses. No
person, partnership, or corporation will be issued a wholesaler's license in
more than one (1) municipality in the same county.
(4) Restriction on License After Surrender or
Revocation.
(a) No license will be issued to
the spouse, child or children, son-in-law, daughter-in-law, or other person
having any interest in the business of a licensee whose license has been
revoked, for the privilege of doing business at the same location or in close
proximity to the location of the establishment whose license was revoked for a
period of one (1) year after said revocation. The Commission may, in its
discretion, waive this prohibition.
(b) The Commission may refuse to reissue a
license to the same person, firm, or corporation whose license has been revoked
for one (1) year from the date of said revocation.
(c) The Commission may treat a surrender of a
license as a revocation under the restrictions contained in this
paragraph.
(5) Must
Surrender License If Business Discontinued. Whenever any licensee discontinues
business for any reason, he shall immediately notify the Commission in writing
and surrender his license.
(6) Time
Requirement to Commence Business. Approval, by the Commission, of the issuance
of a new wholesaler's or retailer's license or the transfer of such a license
to a different entity, shall automatically expire ninety (90) calendar days
after such approval if the new license has not opened for business, unless a
written request is received by the Commission for an extension of
approval.
(7) Licensees Not
Required To Have Permits. Persons whose names are listed on a license issued by
the Commission are not required to obtain permits.
(8) Retail Licensees Not To Hold Federal
Wholesale Stamp. No licensed retail liquor dealer shall purchase or have issued
to him, nor may he possess, any federal liquor license, stamp, or permit
without the corresponding state liquor license. Possession by any licensed
retail liquor dealer of any such federal license, stamp, or permit without the
corresponding state liquor license will be grounds for the revocation of his
retail liquor license.
(9)
Procedure for Off-Premise Retail License Application. Whenever any person has
applied to the Alcoholic Beverage Commission for a license pursuant to T.C.A.
§
57-3-204,
except for an application for license renewal, the Commission may, at its
discretion, conduct a hearing pursuant to the provisions of T.C.A. §§
4-5-101
et
seq. to determine whether the license shall be issued. The hearing may
be held unless the applicant, municipality, or civil district wherein the
applicant intends to conduct business and the Commission have stipulated in
writing that no such hearing is necessary. However, when the municipality or
civil district wherein the applicant intends to conduct business fails to grant
or deny the certificate required by T.C.A. §
57-3-208
within sixty (60) days of the written application, the certificate is deemed to
be granted, and further, the municipality or civil district is deemed to have
stipulated that the hearing regarding the issuance of a license is not
necessary.
Notes
Authority: T.C.A. §§ 57-1-201, 57-1-209, 57-3-104, 57-3-104(c)(4), 57-3-203, 57-3-204, 57-3-208, 57-3-208(e), and 57-4-201.
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