Section 0100-03-.05 - ADVERTISING ALCOHOLIC BEVERAGES ON BILLBOARDS AND OUTSIDE SIGNS(1) Limited to Local Option Counties. Alcoholic beverages may be advertised on signs and billboards only in those counties which have legalized the off-premise or on-premise retail sale of such beverages under the provisions of T.C.A. § 57-3-106.(2) Restrictions on Billboard and Outside Sign Advertising. (a) No such sign or billboard shall contain the statements prohibited by Rule 0100-03-.01(1).(b) No such sign or billboard which bears a trademark, trade name, trade slogan, or a facsimile of a product, container, or display associated with a particular brand shall also bear the name or advertise the establishment or refer to the services of any wholesale or retail licensee of this state.(c) No manufacturer, importer, non-resident seller, non-manufacturer non-resident seller, wholesaler, or representative thereof, may directly or indirectly give, loan, or supply any retail licensee a sign of any nature bearing the name of the retail establishment or referring to its services in any manner, nor shall they cause such signs to be painted on exterior walls of the retail premises.(d) Signs advertising brands painted on the exterior walls of a retail licensee's establishment and paid for directly or indirectly by a manufacturer, importer, wholesaler, or representative thereof are permitted.(e) No manufacturer, importer, non-resident seller, non-manufacturer non-resident seller, wholesaler, or representative thereof, shall directly or indirectly (through a sign company or advertising agency) pay, credit, or otherwise offer inducement of any nature to a retail licensee for the display of any sign or billboard or for the use of space involved therein, nor shall they reimburse the retailer for any expense incidental thereto. A billboard or other structure for which a retail licensee is paid a rental or offered any inducement may not be used for advertising alcoholic beverages.(3) Local Control. Signs and billboards approved herein are subject to reasonable rules and regulations duly adopted by proper governing bodies in the county and city wherein located.Tenn. Comp. R. & Regs. 0100-03-.05
Original rule certified June 7, 1974. Amendment by Public Chapter 261: effective July 1, 1983. Amendment filed May 10, 1983: effective August 15, 1983. Repeal and new rules filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed January 25, 2019; to have become effective April 25, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date 6/24/2019.Authority: T.C.A. §§ 57-111, 57-1-209, 57-3-104, 57-3-106, 57-4-201, and 57-818.