This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Liquor Authority for the State of Tennessee

Tennessee’s Liquor Authority:

• The Tennessee Liquor Authority is the Alcoholic Beverage Commission.

• The phone number for the Tennessee Alcoholic Beverage Commission is (615) 741-1602.
• The website for the Tennessee Alcoholic Beverage Commission is: www.state.tn.us/abc/
• The Tennessee Legislature is the body responsible for enacting the state’s alcohol laws.

Liquor License and Alcohol Beverage Laws for the State of Tennessee

Under Tennessee State Law:

• Licensees must uphold all the liquor laws for the state of Tennessee.
• Licensees must also be knowledgeable of and abide by any local ordinances as well.
• It is illegal and considered a Class A misdemeanor for a licensee and/or an employee to provide or sell alcohol to any individual who is:

o        Mentally impaired or insane.

o        Obviously intoxicated.

o        Known to be an excessive drinker.

o        Known to be a user of a habit-forming drug or narcotic.

• A licensee may not sell any packaged alcohol or wine (sealed or unsealed) for consumption off the premises. (An exception is a restaurant that allows a customer, who ordered and consumed a portion of an unsealed package of wine with their meal, to take the remainder of the package off the premises.)
• Licensees shall conduct any sales of wine and alcohol in the same manner as any sales of food.
• Licensees are prohibited from offering curbside service of alcohol.
• It is unlawful and considered a Class C misdemeanor for a licensee (person, firm or corporation) to serve or sell on their premises any alcohol that they do not own.

·         On-premise and retail licensees are required to post (failure to do so is a Class C misdemeanor) in a visible location a pregnancy/warning sign that states:   

o        The consumption of alcoholic beverages during pregnancy can cause birth defects, including fetal alcohol syndrome and fetal alcohol effects.

·         On-premise licensees are required to post (failure to do so is a Class C misdemeanor) in a visible location a misdemeanor sign that states:

o        Misdemeanor-State law prescribes a maximum penalty of eleven (11) months and twenty-nine (29) days imprisonment and a fine not to exceed $2,500 for carrying weapons where alcoholic beverages are sold or served.

·         It is unlawful for an on-premise licensee to allow:

o        An employee to dance with a customer.

o        A customer to buy a drink or any food for an employee.

The law regarding driving under the influence states that:

·         It is illegal for any person to drive or be in physical control of any automobile or other motor-driven vehicle on any of the public roads and highways of the state or on any streets or alleys, or while on the premises of any shopping center, trailer park, or any apartment house complex, or any other premises which are generally frequented by the public at large, while:

• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
• The alcohol concentration in such person’s blood or breath is eight-hundredths of one percent (.08) or more.

The law regarding underage driving while impaired states that:

• A person age sixteen (16) or over but under age 21 may not drive or be in physical control of an automobile or other motor-driven vehicle while:

• The alcohol concentration in the person’s blood is more than two-hundredths of one percent (.02),
• Under the influence of alcohol,
• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or,
• Under the combined influence of alcohol and any other drug as noted above to a degree, which makes the person’s driving ability impaired.

The law regarding open containers states that:

• No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.
• An open container is defined as: any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed, or the seal has been broken.
• An open container of alcohol is in the possession of the driver when it is:

• Not located in a closed glove compartment, trunk or other non-passenger area of the vehicle;
• And a motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.

Local ordinances may be stricter and completely ban open containers of alcohol in a motor vehicle. It is a Class C misdemeanor to violate this law.

The following is the service hours for alcoholic beverages in the state of Tennessee:

• On-Premise Establishments may sell and service alcohol Monday – Saturday from 8am to 3am and on Sundays from 10am to 3am unless stipulated differently by local ordinance. Some local ordinances further restrict the hours when alcohol sales are prohibited and may set service hours from noon to 3am.
• Off-Premise and retail store licensees may sell alcohol Monday – Saturday from 8am to 11pm. Sales on Sundays are prohibited.

Regarding alcohol service restrictions, licensees (and their agents or employees) are prohibited from:

• Offering Happy Hour specials after 10pm such as:

o        Serving, selling or offering more than 2 drinks to an individual at one time.

o        Increasing the volume of alcohol in a drink without increasing the price of the drink accordingly.

o        Selling, delivering or offering to sell to a customer or group of customers any drink that is priced less than the price regularly charged for the same sized drink during the same calendar week. (Exceptions to this rule are private functions that are not open to the public.)

• Giving free drinks or packaged alcohol to a customer or a group of customers. (Exceptions to this are hotels that provide accommodations to a registered guest may give up to four 750ml sealed complimentary packages of alcohol.)
• Serving, selling or offering an unlimited amount of drinks for a fixed price. 
• Giving alcohol as a reward for a game or contest.
• Encouraging or engaging in any practice including games and contests that involves alcohol and/or causes customers to drink to the point of excess

Alcohol Server Responsibility and Training Act

Under Tennessee law:

• The alcohol server responsibility and training act requires mandatory training for all employees involved in the service of alcohol.
• To be eligible to serve alcohol, a person must obtain a Server’s Permit from the Alcoholic Beverage Commission of Tennessee.
• After completing an application, anyone is eligible, so long as they:

o        Are at least 18 years old.

o        Have not been convicted of a felony within the past four years.

o       Have not been convicted in the past eight years of any alcohol related crimes, schedules 1 and 2 controlled substances crimes, embezzlement crimes or sex-related crimes.

o        Have not had their permit revoked within the past five years in another jurisdiction.

o        Have completed an approved Alcohol Awareness Training Program within the first year of submitting an application for a permit.

o        Have not been an owner or partner in a licensed establishment whose permit was revoked within the past eight years.

• Permits must be renewed every 5 years.

Dram Shop Laws for the State of Tennessee

In Tennessee, terms related to Dram Shop liability are defined as follows:

• Proximate Cause: The consumption of alcoholic beverages or beer, rather than the sale or furnishing of the alcoholic beverage or beer, is the direct cause of injuries inflicted upon another by an intoxicated person.

·         Dram Shop Law: Notwithstanding the provisions of Proximate Cause, a judgment awarding damages to or on behalf of any party who has suffered injury or death against any person who has sold alcoholic beverages or beer may be awarded if a jury has determined beyond a reasonable doubt that the sale of the alcoholic beverage or beer by that person was the proximate cause of the injury or death and the individual sold the alcoholic beverage or beer to either:

o        A person under the age of 21 and that individual caused the injury or death as a direct result of the consumption of the alcoholic beverage alcohol or beer that was sold; or

o        An obviously intoxicated person who caused the injury or death as a direct result of the consumption of the alcoholic beverage or beer that was sold.

Identification

Laws regarding identification in Tennessee:

·         Acceptable forms of identification are generally limited to a valid driver’s license or state ID card.

·         It is unlawful and considered a Class A misdemeanor to purposely present a false ID or provide false information.

Laws Regarding Age in the State of Tennessee

Laws regarding age:

• A person must be at least 21 years old to consume alcohol.
• It is unlawful and considered a Class A misdemeanor to serve or provide alcohol to anyone under the age of 21.
• Employees aged 18-20 may transport, sell, possess and dispense alcohol as part of their job duties.
• No employee under the age of 18 is allowed to serve, sell or dispense alcohol or malt beverages on the premises of any licensed establishment.

A minor may not purchase, try to purchase, possess or consume any alcohol in a public place. To do so is considered a Class A misdemeanor.

• The penalty for a minor under the age of 18 is:

o        A $50.00 fine.

o        At least 20 hours of community service.

• The penalty for a minor ages 18-20 is:

o        A fine in the range of $50.00 to $200.00.

o        Five to thirty days of imprisonment.

o        Minor must submit within five business days an “Order of Denial of Driving Privileges” to the Driver Control Division at the Department of Safety.

The penalty for serving or selling alcohol to a minor is a Class A misdemeanor punishable by:

• Imprisonment for up to 11 months and 29 days.
• A fine up to $2,500.00.

The penalty for purchasing or obtaining alcohol on behalf of a minor is a misdemeanor punishable by:

• For a first violation – Up to 30 days community service and a fine in the range of $25.00 - $500.00.
• For repeat violations – Up to 30 days community service and a fine in the range of $50.00 - $1.000.00.

ADDENDUM: TENNESSEE’S DRAM SHOP LAW

57-10-101. Proximate cause.

The general assembly hereby finds and declares that the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person.

57-10-102. Standard of proof.

Notwithstanding the provisions of § 57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person: (1) Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or (2) Sold the alcoholic beverage or beer to an obviously intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold. [Acts 1986, ch. 519, § 2.