Tennessee § 57-3-225 - Delivery employee license.

§ 57-3-225. Delivery employee license.

Beginning July 1, 2018, each delivery service licensed under § 57-3-224 shall be required to annually file a report stating the number of delivery drivers used by the delivery service to deliver alcoholic beverages, beer, or both, in the twelve (12) months preceding the date of the report. Each delivery service licensee shall maintain for each delivery driver covered by the licensee's delivery service license, records sufficient to verify the identity of each delivery driver, a copy of each delivery driver's license, and a copy of the background check conducted for that delivery driver pursuant to § 57-3-224(d). Each delivery service licensee may employ or contract with any person meeting the following requirements: Is at least twenty-one (21) years of age; Has had a background check conducted pursuant to § 57-3-224(d) to ensure the individual has not been convicted of any crime involving the sale and distribution of alcohol within the previous seven (7) years or has not been convicted of any felony within the previous five (5) years; and Has a valid driver license. In addition to the annual license fee in § 57-3-224(c), a delivery service licensee shall pay a fee based on the total number of delivery service employees or independent contractors used by the delivery service licensee in the prior year. The fee shall be as follows: 0-15 delivery drivers — $50 16-30 delivery drivers — $100 31-45 delivery drivers — $150 46-60 delivery drivers — $200 61-100 delivery drivers — $250 101-150 delivery drivers — $300 151-200 delivery drivers — $350 Fifty dollars ($50.00) for each additional fifty (50) delivery drivers over two hundred (200) until a maximum of one thousand dollars ($1,000). With respect to the delivery of alcoholic beverages, beer, or both pursuant to this chapter, a delivery service company may be subject to fines or the suspension or revocation of its license from the commission based on the conduct of a delivery driver. A retailer is not subject to a fine or the suspension or revocation of its license based on conduct of a delivery service driver after the driver picks up alcoholic beverages or beer from the retailer. Acts 2015, ch. 285, § 2; 2016, ch. 1045, § 4; 2018, ch. 765, § 6. Amendments. The 2018 amendment rewrote the section which read: “(a) Beginning July 1, 2015, there is created a delivery employee license to be issued by the commission to any individual employed by a person licensed pursuant to § 57-3-224 who delivers alcoholic beverages or beer pursuant to § 57-3-406(k) .“(b) Any individual seeking a delivery employee license shall make application for such license by completing an application form in the manner prescribed by the commission. The individual shall demonstrate that the individual meets the following requirements:“(1) Is at least twenty-one (21) years of age;“(2) Has had a background check done pursuant to § 57-3-224(d) to ensure the individual has not been convicted of any crime involving the sale or distribution of alcohol within the previous eight (8) years or has not been convicted of any felony within the previous five (5) years; and“(3) Has a valid driver license.“(c) Each individual applying for a license under this section shall pay to the commission a fee of fifty dollars ($50.00). Each delivery employee license shall be valid for a period of five (5) years.“(d) If an applicant does not meet the requirements of subsection (b), but is otherwise eligible for a delivery employee permit, then the applicant's application shall be initially denied pursuant to this subsection (d). Within thirty (30) days of such initial denial, the applicant may request a hearing to be held pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At such hearing, the administrative law judge or hearing officer may consider any evidence the administrative law judge or hearing officer deems relevant to the matter and may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, approve the application and grant the delivery employee permit, notwithstanding the requirements of subsection (b).“(e) If an applicant does not request a hearing pursuant to subsection (d) within the required period, then the application's denial will be final and the applicant shall not reapply for a delivery employee permit until five (5) years from the application's final denial. If a person applies for a delivery employee permit in violation of this subsection (e), then such application shall be denied and subsection (d) shall not apply.“(f) If the administrative law judge, hearing officer, or commission denies an application at a hearing held pursuant to subsection (d), then the application's denial will be final and the applicant shall not reapply for a delivery employee permit until five (5) years from the application's final denial. If a person applies for a delivery employee permit in violation of this subsection (f), then such application shall be denied and subsection (d) shall not apply.“(g) If a person is convicted of an offense described in subdivision (b)(2) after being issued a delivery employee permit pursuant to this section, the commission may institute proceedings to revoke the person's employee permit pursuant to § 57-3-214 ; provided, that the administrative law judge or hearing officer may, if in the administrative law judge's or hearing officer's judgment the principles of equity require, refuse to revoke the person's delivery employee permit, notwithstanding a finding that the person has been convicted of an offense described in subdivision (b)(2). If the administrative law judge, hearing officer, or commission revokes a delivery employee permit pursuant to this subsection (g), then the applicant shall not reapply for a delivery employee permit until five (5) years from the revocation. If a person applies for a delivery employee permit in violation of this subsection (g), then such application shall be denied and subsection (d) shall not apply.” Effective Dates. Acts 2018, ch. 765, § 8. July 1, 2018.