§ 57-3-808 — Prohibition against sales to minors - Identification required - Penalty

(a) A retail food store wine license holder engaging in the business regulated under this part, or any employee thereof, shall not make or permit to be made any sales to minors. Prior to making a sale of wine for off-premises consumption, the adult consumer must present to the license holder or any employee of the license holder a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder, that includes the photograph and birth date of the adult consumer attempting to make a wine purchase. Persons exempt under state law from the requirement of having a photo identification shall present identification that is acceptable to the license holder. The license holder or employee shall make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of wine for off-premises consumption shall be made to a person who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, for a violation of this section if the sale was made to a person who is or reasonably appears to be over fifty (50) years of age and who failed to present an acceptable form of identification. (b) As used in this section, "other form of identification" includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a license holder for the purpose of aiding the employee in determining whether or not the person is at least twenty-one (21) years of age when such person desires to purchase alcoholic beverages procured from a license holder if the system demonstrates that: (1) The adult consumer is at least twenty-one (21) years of age; and (2) The adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make a wine purchase. (c) A violation of subsection (a) is a Class A misdemeanor.

Legislative History

Amended by 2024 Tenn. Acts, ch. 850,s 1, eff. 1/1/2025. Amended by 2015 Tenn. Acts, ch. 428, s 5, eff. 5/15/2015. Added by 2014 Tenn. Acts, ch. 554, s 1, eff. 3/20/2014.