Tenn. Comp. R. & Regs. 0100-11-.01

Current through October 22, 2024

Section 0100-11-.01 - LICENSES AND PERMITS

(1) Procedure for Off-Premise Retail Food Store Wine License Application. An application for a retail food store wine license shall be made on forms provided for such purpose by the Commission. In addition to completing and filing such forms, data, written statements, affidavits, evidence or other documents deemed a part of the application, an applicant shall provide the Commission with the following information:

(a) Applications shall be submitted to the TABC Headquarters offices in Nashville, Tennessee or on-line at the TABC website. In addition to the application and other forms provided by the Commission, the following data, written statements, affidavits, evidence or other documents must be submitted in support of an application for a retail food store wine license:

1. Completed application;

2. Completed questionnaires from all individuals having at least a ten percent (10%) ownership interest in the business and from all executive officers of a corporate applicant. As used in this rule, the term "executive officers" shall mean each of the following four persons:

(1) the President or Chief Executive Officer (CEO);

(2) the Vice President or Chief Operating Officer (COO);

(3) the Secretary; and

(4) the Treasurer or Chief Financial Officer (CFO). The term "executive officers" shall include the four (4) individuals that best fit into each of the above categories, respectively and shall not include more than four (4) individuals, including assistant Secretaries, assistant officers, and other such individuals;

3. Proof of possession of the licensed premises, i.e., lease agreements, assignments, subleases, and/or deed to property;

4. Affidavit from the landlord or owner of the proposed location of the applicant's retail food store stating that there does not exist any lease or deed restrictions or covenants limiting or restricting the sale or distribution of wine or other alcoholic products (i.e. alcoholic beverages and/or beer as defined in T.C.A. § 57-5-101) by any tenant within the same shopping center or development of the applicant;

5. A copy of any management or franchise agreement, if applicable;

6. Affidavit regarding amount of sales taxable sales of the applicant and copies of applicant's sales tax returns filed with the Tennessee Department of Revenue for the last complete business year;

7. Affidavit regarding amount of retail floor space of the applicant;

8. If not included in the lease, a site-plan designating the premises and the parking areas;

9. Certificate of Good Moral Character, Zoning and Approved Sales of Wine by local option election, as required by T.C.A. §§ 57-3-801, 57-3-805 & 57-3-806, issued within one hundred eighty (180) days of the applicant's application and signed by the county executive or chair of the county commission in which the licensed premises are to be located if outside the corporate limits of a municipality or, if within a municipality, signed by the mayor (or highest executive officer) or a majority of the commission, city council, or legislative body of the municipality;

10. Inspection by the Tennessee Alcoholic Beverage Commission;

11. Acknowledgement of the rules and regulations;

12. Proof that applicant entity, if a corporation, LLC, LP, etc., is registered with the Tennessee Secretary of State's Office, and the submission by said applicant entity of a Certificate of Existence/Good Standing issued by the Tennessee Secretary of State's Office within thirty (30) days of applicant's application for a new or renewed license. If applicant entity was formed in another state or foreign jurisdiction, applicant must submit a Certificate of Authorization issued by the Tennessee Secretary of State's Office within thirty (30) days of applicant's application for a new license or renewal of an existing license;

13. Corporate charter/Articles of Organization;

14. List of Officers/Owners/Members/Partners. Any owner of less than ten percent (10%) of the applicant need not be individually identified;

15. Sales & Use Tax Certificate of Registration;

16. Application fee;

17. Completed declarations of citizenship to be submitted by owner(s), member(s), executive officer(s), and/or principal(s) of the applicant and others as required by P.C. 1061 (2012);

18. Designation by the applicant of a TABC permitted manager or managers who will be in actual control of the retail wine sale operations upon the applicant's premises; and

19. Any other information that the Tennessee Alcoholic Beverage Commission may request pursuant to the provisions of Tenn. Code Ann. §§ 57-3-801, et.seq.

(b) In addition, any of the following documents which exist must also be submitted:

1. Management agreements;

2. Bill of sale.

(c) If a county or municipality wherein the applicant intends to conduct business fails to grant or deny the certificate required by T.C.A. § 57-3-806 within sixty (60) days of receipt of the written application for a certificate, the certificate is deemed to be granted.

(d) Required documents for renewals. All required documents listed in this paragraph are only required for all new applications and are only required for renewal applications upon specific request of TABC staff.

(e) Establishments with the same ownership. A chain or group of retail stores that operate under the same ownership, such as pursuant to a corporate charter or operating agreement, are not required to submit the required documentation for each and every location of the store or chain, unless otherwise requested by TABC staff.

(f) Alternative documents. The TABC may, at its sole discretion, accept a document other than a specified required document listed in this paragraph, where such other document satisfies the policy or legal rationale for the specified document.

(2) If a lease agreement, assignment, sublease or other documentation executed by the applicant for a retail food store wine license and the owner or landlord of the proposed location, sought to be licensed, contains provisions that would limit or restrict the sale or distribution of wine or other alcoholic products (i.e. alcoholic beverages and/or beer as defined in T.C.A. § 57-5-101) within the same shopping center or other development whereupon the applicant seeks to license its premises, the applicant and the owner or landlord of the proposed location, shopping center or other development, must submit documentation acceptable to the Commission waiving any such restrictions to any and all tenants within the same shopping center or other development. An applicant is not required to obtain and submit the leases of other tenants of the shopping center or other development. However, lease or deed restrictions or covenants imposed by an owner or landlord limiting or restricting the sale or distribution of wine or other alcoholic products (i.e. alcoholic beverages and/or beer as defined in T.C.A. § 57-5-101) by other tenants within the same shopping center or development will serve to prohibit the issuance to the applicant of a retail food store wine license at the proposed location.

(3) An applicant for a retail food store wine license shall identify all retail liquor stores within 500 feet measured from the closest outside wall of the confines of the retail food store to the closest outside wall of the retail liquor store. An applicant may submit waivers of the permission required pursuant to T.C.A. § 57-3-806(e) from the retail liquor stores located within 500 feet of the applicant's retail food store, signed by the owners of such retail liquor stores, and such waivers shall be deemed to be written permission from the retail liquor store for the issuance of the retail food store wine license to the applicant.

(a) Upon receipt of an application for a retail food store wine license application, and in the absence of the submission of a signed waiver from the owner of a retail liquor store located within 500 feet of the applicant's retail food store, the Commission shall notify the retail liquor store, by email if the retail liquor store has provided an email address or by telephone if not provided, of the applicant requesting said waiver.

(b) The retail liquor store shall have 30 days to respond to the communication from the Commission by either granting permission for the issuance of a retail food store license or denying the issuance of a retail food store license.

(c) If the retail liquor store does not respond within 30 days, such non-response shall be considered a denial of permission.

(d) If a retail liquor store denies permission for the issuance of retail food store wine license, it shall immediately cease selling all items identified in T.C.A. § 57-3-404(e). A retail liquor store may not resume selling the items identified in T.C.A. § 57-3-404(e) until permission is granted to the retail food store wine applicant and the Commission is notified in writing of this grant of permission or July 1, 2017, whichever occurs first.

(e) The grant of permission to a retail food store shall survive any and all subsequent purchases of a retail liquor store by a new owner and once a written grant of permission has been given to a retail food store it may not be rescinded.

(4) Restriction on License after Revocation. If a retail food store wine license is revoked by the Commission, for a period of one (1) year following revocation, no subsequent license shall be issued to the spouse, child or children, daughter-in-law, son-in-law or other person having any interest in the business of the licensee whose license was revoked. Additionally, for a period of one (1) year following revocation, no license shall be issued at the same location or in close proximity of the same location. The Commission may, in its discretion, waive the prohibition regarding locations.

(5) Must Surrender License If Business Discontinued. Whenever any licensee discontinues business for any reason, it shall immediately notify the Commission in writing and surrender its license.

(6) Time Requirement to Commence Business. Approval of the issuance of a retail food store wine license by the Commission shall automatically expire ninety (90) calendar days after such approval if the licensee has not opened for business, unless a written request is received and granted for an extension.

(7) Business Name Change. At least seven (7) calendar days prior to any change in its business name or "d/b/a", a licensee shall submit the proposed change in writing to the Commission for approval. Upon approval and within a reasonable time, the Commission will amend the licensee's electronic record to reflect the licensee's new business or "d/b/a" name.

(8) Display of License. Any person, partnership, corporation, or other legal entity holding a retail food store wine license shall prominently display and post, and keep displayed and posted, in a conspicuous place in the licensed premises, the license so issued.

Tenn. Comp. R. & Regs. 0100-11-.01

Original rule filed February 29, 2016; effective May 29, 2016. Amendments filed June 2, 2022; effective 8/31/2022.

Authority: T.C.A. §§ 57-1-209, 57-3-104(c)(4) and (5), 57-3-803, and 57-3-806.