Section 0100-09-.05 - FINES(1) The Commission is given the power and authority to suspend or revoke any license or permit issued pursuant to Title 57, Tennessee Code Annotated, for any violation thereof; however, the Commission may, in its discretion, impose a fine as set out hereafter, in lieu of suspension or revocation of any license or permit.(2) Fines may be used to informally remedy a matter by written consent of all parties to the matter.(3) Any violation of the Rules and Regulations promulgated to implement and maintain the Responsible Vendor Act of 2006 may result in the imposition of a fine, suspension, or revocation of any certification, license, or permit issued by the Commission.(4) Providing false or misleading information in any required document, application, and/or investigation may result in the denial of that application, or the suspension or revocation of a program's or vendor's certification.(5) Fines may be assessed for the following violations: (a) Against a Responsible Beer Vendor: 1. Misrepresentation of status as a Responsible Beer Vendor;2. Willful failure to comply with Tennessee statutes and Tennessee Alcoholic Beverage Commission Rules and Regulations;3. Failure to have Clerk certified within 61 calendar days of hire date;4. Failure to verify eligibility of clerk for certification prior to hiring with the Commission;5. Failure to maintain original certification of completion for clerk at Responsible Beer Vendor location;6. Failure to notify Commission within twenty-one (21) calendar days of training for certified clerk;7. Failure to provide or have clerk display name badge while on duty;8. Failure to provide instructions for its employee's as approved by the Commission;9. Failure to have certified clerk meet annual meeting requirements;10. Failure of Responsible Beer Vendor to disseminate updated information prescribed by the Commission and the Responsible Beer Vendor Policy and Procedures related thereto;11. Failure to notify Commission of clerk failure to attend annual meeting following original certification;12. Failure to maintain records of certified clerk required annual meeting;13. Failure to disseminate information related to changes in State Law or Commission Rules and Regulations to certified clerks as required by the Commission;14. Failure to maintain employment records and all responsible training records of all clerks;15. Failure to cooperate by not providing information requested by the Commission;16. Failure to notify Commission of change in training program;17. Allowing a decertified clerk to continue to operate in a capacity to sell beer directly to consumer;18. Failure to have Responsible Beer Vendor certificate posted;19. Failure to Renew Responsible Beer Vendor Certification in a timely manner.(b). Against a Training Program: 1. Failure to meet mandatory minimum class time;2. Not a TABC certified training program for Responsible Beer Vendor Training;3. Failure to adequately test the comprehension and understanding of the attendees of the Responsible Beer Vendor Training of off premise sale of beer;4. Failure to cover the required material;5. Failure to timely renew certification.Tenn. Comp. R. & Regs. 0100-09-.05
Original rule filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed February 29, 2016; effective 5/29/2016.Authority: T.C.A. § 57-5-605(b).