Tennessee § 57-5-302 - [Reserved.]

§ 57-5-302. [Reserved.]

Any violation of this chapter or rule or regulation of the commissioner of revenue or the violations of any rule or regulation of a county legislative body, metropolitan council or city legislative body relative to the conducting of the beer or like beverage business as defined in § 57-5-101 is a Class C misdemeanor where the penalty is not otherwise fixed. A violation of this section involving either unlawful possession or illegal transportation, or both, of over one hundred (100) cases of twenty-four (24) twelve ounce (12 oz.) cans of beer or other light alcoholic beverage, or the equivalent thereof with respect to quantity or the kinds of containers, is a Class E felony. Upon the second conviction of any person engaging in a business regulated under this chapter of making, or permitting to be made, any sale of alcoholic beverages, beer or wine to a person under twenty-one (21) years of age in violation of this chapter, such person is guilty of a Class E felony. In addition, upon the second such conviction, the permit or license of such person shall be automatically and permanently revoked regardless of any other punishment actually imposed. Each violation of this chapter shall constitute a separate and distinct offense. Acts 1933, ch. 69, § 13; C. Supp. 1950, § 1191.16 (Williams, § 1191.17); Acts 1965, ch. 321, § 6; 1969, ch. 299, § 2; 1972, ch. 448, § 3; 1979, ch. 256, § 2; impl. am. Acts 1979, ch. 413, §§ 1, 2; T.C.A. (orig. ed.), § 57-223; Acts 1984, ch. 1006, § 5; 1989, ch. 591, §§ 64, 65. Cross-References. Age of majority for purposes of purchasing, consuming, transporting alcoholic beverages, §§ 1-3-105 , 1-3-113 . Eighteen-year-olds, legal responsibility, alcoholic beverage restrictions on persons under 21, § 1-3-113 . Juvenile alcohol abuse, title 33, ch. 10, part 3. Penalty for Class C misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Purchase of beverages from unauthorized seller, penalty, § 57-5-406 . Transportation of beer and light alcoholic beverages, unlawful acts, §§ 57-5-406 , 57-5-414 , 57-5-416 . Attorney General Opinions. Purchasing beverages of 5% alcohol or less for person under 21, OAG 94-051 (4/6/94). A vendor who is caught selling beer to a minor is subject to criminal penalties imposed by the local criminal court ranging from a Class A misdemeanor to a Class E felony and is also subject to the suspension or revocation of the permit imposed by the local beer board, OAG 01-062 (4/20/01). NOTES TO DECISIONS 1. Civil Actions. 1. Civil Actions. A cause of action exists against a vendor who sells alcoholic beverages to a minor, where harm results therefrom. Brookins v. Round Table, Inc., 624 S.W.2d 547, 1981 Tenn. LEXIS 503 (Tenn. 1981), superseded by statute as stated in, Biscan v. Brown, — S.W.3d —, 2003 Tenn. App. LEXIS 875 (Tenn. Ct. App. Dec. 15, 2003). A person, who has the capacity and judgment to act responsibly in his own behalf cannot recover damages where he actively contributes to the intoxication of another and the intoxication is the proximate cause of the injury that is the subject of the legal action. Brookins v. Round Table, Inc., 624 S.W.2d 547, 1981 Tenn. LEXIS 503 (Tenn. 1981), superseded by statute as stated in, Biscan v. Brown, — S.W.3d —, 2003 Tenn. App. LEXIS 875 (Tenn. Ct. App. Dec. 15, 2003).