Section 0100-07-.03 - SALES OF WINE BY WINERIES AND FARM WINE PRODUCERS(1) Wineries licensed hereunder in this state may sell on their licensed premises at retail only wine produced on their own premises. Farm wine producers licensed hereunder in this state may sell on their licensed premises at retail only wine produced from the grapes and/or fruits of their vineyard, orchard or fruit garden. Wine sold for consumption on the premises shall be subject to the tax provided in T.C.A. § 57-4-301(c); provided that wine sold at retail in sealed containers for consumption on the premises but not in the bonded areas and samples of wine sold for consumption on the premises shall not be subject to said tax pursuant to T.C.A. § 57-3-207(t)(2). Samples may be given or sold on the premises except that no such sample shall exceed two ounces per variety for one person on the same day.(2) Wineries and farm wine producers in this state may sell no more than five (5) cases or sixty (60) liters of bottled wine to any single retail customer in one (1) day.(3) Winery and farm wine producer licensees are subject to the restrictions contained in Alcoholic Beverage Commission Rules 0100-03-.02 (Advertising Of Wine In Newspapers, Magazines Or Similar Publications), 0100-03-.03 (Advertising Of Distilled Spirits And Wine By Direct Mail), 0100-03-.04 (Advertising Of Distilled Spirits And Wine On Radio And Television) and 0100-03-.20 (Responsibility And Penalties For Violations).(4) Other than permitted sales or samplings on the licensed premises, and other than pursuant to a self-distribution permit, no winery licensee shall sell or otherwise convey any tax-paid wine to any person, firm or corporation in Tennessee except to a Tennessee licensed wholesaler or in conjunction with a non-profit organization authorized by the Commission to conduct a wine festival as provided at T.C.A. § 57-3-207. This provision shall not prohibit the transfer of wine in bulk from one Tennessee winery to another nor the transfer of wine to farm wine producers.(5) No licensee shall sell, furnish, give or cause to be sold, furnished or given, any wine to any person under the age of minority as defined by T.C.A. § 57-4-203(b).(6) Licensees hereunder shall not sell or give away wine between the hours of 12:00 midnight and 8:00 a.m.(7) Wineries and farm wine producers licensed under provisions of T.C.A. § 57-3-207 are permitted to advertise on billboards and outside signs with locations not restricted to those counties which have legalized the sale of alcoholic beverages under provisions of T.C.A. § 57-3-106. Said billboards and outside signs are subject to the following restrictions: (a) Information appearing on billboards and outside signs shall be limited to the name of the winery, directions to the winery premises, and products and services offered as authorized by T.C.A. § 57-3-207.(b) No such billboard or outside sign shall contain statements prohibited by 0100-03-.02 (4).(c) Local Control. Billboards and outside signs approved herein are subject to reasonable rules and regulations duly adopted by proper governing bodies of the county and city wherein located.(d) Prior Approval. Billboards and outside signs conforming to the foregoing provisions need not have prior approval of the Commission and prior Commission approval does not sanction any violation of the Tennessee Code, TABC Rules or valid county or city ordinance.Tenn. Comp. R. & Regs. 0100-07-.03
Original rule files October 31, 1983; effective November 30, 1983. Amendment filed February 6, 1987; effective March 23, 1987. Amendment repealing and replacing the rule was filed on March 10, 2010; effective June 8, 2010. Repeal and new rule filed December 18, 2015; effective 3/17/2016.Authority: T.C.A. §§ 57-1-209, 57-3-104(c)(4), and 57-3-207.