§ 57-1-201 — Transfer of provisions relating to intoxicating beverages - Authority to impose fine instead of license suspension or revocation

Tennessee § 57-1-201

• Jurisdiction: Tennessee
• Title: 57

Text

(a) The entire provisions, definitions and terms of chapter 3, parts 1, 2 and 4 of this title, § 57-3-304 and the authority contained therein are hereby transferred and shall be vested under the jurisdiction of the alcoholic beverage commission as though all of such sections were set out and copied verbatim herein for the purpose of the commission to carry out this chapter. (b) (1) (A) In any case where the commission is given the power to suspend or revoke any license or permit, it may impose a fine. Fines imposed shall: (i) Not exceed five hundred dollars ($500) for servers permitted under § 57-4-203(h) and the Alcohol Server Responsibility and Training Act of 1995, compiled in chapter 3, part 7 of this title; (ii) Not exceed one thousand five hundred dollars ($1,500) for retailers licensed under § 57-3-204 ; provided, that the commission may impose a fine in excess of one thousand five hundred dollars ($1,500) in accordance with § 57-3-406(d)(3) ; (iii) Not exceed one thousand five hundred dollars ($1,500) for permittees authorized to sell alcoholic beverages for consumption on the premises under § 57-4-201 ; provided, that the commission may impose a fine in excess of one thousand five hundred dollars ($1,500) in accordance with § 57-4-203(b)(1)(C) ; (iv) Not exceed two thousand dollars ($2,000) for wholesalers licensed under § 57-3-203 ; and (v) Not exceed ten thousand dollars ($10,000) for manufacturers licensed under chapter 2 of this title or § 57-3-202 . (B) For the purpose of imposing fines hereunder, each violation may be treated as a separate offense. (C) Notwithstanding subdivision (b)(1)(A), no administrative action, including the imposition of a fine, may be brought against a wholesaler for a violation of § 57-3-301(d) unless, prior to bringing the action, the commissioner of revenue has provided written notice to the wholesaler advising the wholesaler that the tax for a brand of liquor has not been paid by a supplier. (2) The commission shall deposit collections of any such fine with the state treasurer, for the general funds of the state. (3) The commission shall promulgate by rule pursuant to the Administrative Procedures Act, compiled in title 4, chapter 5, a schedule setting forth a range of fines for each violation. (c) Any document a person receives informing the person of having a fine imposed upon such person shall cite each particular rule or statute the person is being charged with violating. (d) In any case where the commission is authorized to suspend or revoke a license or permit, it may enter into an agreement by order with the licensee or permittee where the licensee or permittee voluntarily surrenders the license or permit. Such surrender shall be deemed a revocation of the license or permit.

Legislative History

Amended by 2017 Tenn. Acts, ch. 147, s 14, eff. 4/17/2017. Amended by 2016 Tenn. Acts, ch. 908, s 1, eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 898, Secs.s 1, s 4 eff. 4/27/2016. Acts 1963, ch. 257, §§ 11-32, 34-49; T.C.A., § 57-811; Acts 1981, ch. 474, § 1; 1985, ch. 76, § 2; 2001, ch. 79, §§ 1 - 3; 2008 , ch. 773, § 1; 2012 , ch. 947, § 7.