Tennessee § 57-3-402 - Importation or transportation limited.

§ 57-3-402. Importation or transportation limited.

It is unlawful, except as permitted in this chapter, for any person to import or transport, or cause to be imported or transported from any other state, territory, or country, into this state, any alcoholic beverages defined in § 57-3-101. This subsection (a) shall not apply to alcoholic beverages imported or transported into this state pursuant to former § 39-17-705(5). Except as provided in § 57-3-217, no common carrier or other person shall bring or carry into this state for delivery or use in this state any alcoholic beverages unless the same shall be consigned to a manufacturer or wholesaler duly licensed under this chapter, or unless the alcoholic beverages shall be consigned to a post exchange, ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, in which event notice of the shipment shall be given to the commission as required by § 57-3-110. It is unlawful for any person, railroad company or other common carrier, to transport or accept delivery of alcoholic beverages, consigned to any person except those duly authorized and holding a wholesaler's license. This shall not apply to: Shipments from a duly licensed wholesaler in this state to a retailer duly licensed or to points outside the state; Alcoholic beverages consigned to a post exchange, ship's service store, club, commissary, or mess, or any other agency under the jurisdiction of the department of defense after notice of such shipment is given to the commission as required by § 57-3-110; or Alcoholic beverages transported by a licensee pursuant to the rules and regulations of the commission for the purposes of conducting an educational seminar by a business licensed pursuant to § 57-3-204. Transportation of alcoholic beverages as defined in this chapter, within, into, through or over this state in quantities in excess of five gallons (5 gals.) is permitted only in conformity with this chapter, except in counties wherein the sale of alcoholic beverages has been legalized. No alcoholic beverages or wine may be sold or delivered to a retailer authorized to sell such alcoholic beverages or wine under this title, whether on premise or off premise, unless such alcoholic beverages have been stored or warehoused at a premises licensed by the commission pursuant to § 57-3-203 for a period of no less than twenty-four (24) hours. It is the stated purpose of this requirement to verify the legality of all alcoholic beverages or wine distributed in this state, and to facilitate the proper payment of all taxes on alcoholic beverages. This subsection (e) shall not apply to deliveries to a licensee under § 57-3-202(i), § 57-3-204(d), or § 57-3-207(r). Acts 1939, ch. 49, §§ 12-14; C. Supp. 1950, §§ 6648.16, 6648.17, 6648.19 (Williams, §§ 6648.15-6648.17); Acts 1955, ch. 347, §§ 2, 2A, 3; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 257, § 36; modified; T.C.A. (orig. ed.), § 57-138; Acts 1987, ch. 164, § 3; 1998, ch. 765, § 2; 2009, ch. 348, § 3; 2009, ch. 434, § 7; 2016, ch. 1068, § 2. Compiler's Notes. For the Preamble to the act regarding allowing an in-state or out-of-state entity to ship wine directly to consumers age twenty-one years or older in this state for personal use, please refer to Acts 2009, ch. 348. Cross-References. Warning to be published by out-of-state liquor advertisers, § 47-18-117 . Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, § 12. Law Reviews. Criminal Law and Procedure — 1957 Tennessee Survey (James B. Earle), 10 Vand. L. Rev. 1073. Attorney General Opinions. Provision of this section prohibiting vintners from making mail order sales of wine to retail customers does not violate the commerce clause of the United States Constitution, OAG 04-010 (1/30/04). Tennessee resident who makes an onsite purchase of wine at an out-of-state winery, is not permitted by 27 U.S.C. § 124 to use a common carrier to ship such wine back to Tennessee, OAG 09-015 (2/24/09). NOTES TO DECISIONS 1. Constitutionality. 2. Permit Not Required in Wet County. 1. Constitutionality. Tennessee’s ban on the direct shipment of alcoholic beverages (including wine) to consumers is valid.Jelovsek v. Bresden, 482 F. Supp. 2d 1013, 2007 U.S. Dist. LEXIS 23814 (E.D. Tenn. Mar. 30, 2007), aff'd in part and vacated in part, Jelovsek v. Bredesen, 545 F.3d 431, 2008 FED App. 0386P (6th Cir.), 2008 U.S. App. LEXIS 22295 (6th Cir. Tenn. 2008). Tennessee's ban on direct shipment of alcoholic beverages, including wine, to consumers, is valid because it applies equally to in-state and out-of-state wineries. Jelovsek v. Bredesen, 545 F.3d 431, 2008 FED App. 386P, 2008 U.S. App. LEXIS 22295 (6th Cir. Oct. 24, 2008). 2. Permit Not Required in Wet County. There is no provision in the statute requiring one transporting liquor in a wet county to have a permit. Chadwick v. State, 201 Tenn. 57, 296 S.W.2d 857, 1956 Tenn. LEXIS 465 (1956).