Tennessee § 39-17-703 - Receiving, possessing, and transporting alcoholic beverages.

§ 39-17-703. Receiving, possessing, and transporting alcoholic beverages.

No person, unless authorized to do so under title 57, shall receive, possess or transport with the intent to redistribute or resell in this state any intoxicating liquor that has not had all taxes attributable to the intoxicating liquor paid. It shall be inferred that any receipt, possession, or transportation of more than five (5) gallons of intoxicating liquors that is not accompanied by a receipt or documentation from an entity holding a license issued under § 57-3-203, § 57-3-204, § 57-3-207 or § 57-3-218 is for the purpose of resale or distribution. No person, unless authorized to do so pursuant to title 57, shall receive, possess, or transport an intoxicating liquor with the intent to deliver the intoxicating liquor to customers resulting in a fee or service charge. A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 2009, ch. 434, §§ 1, 2; 2011, ch. 451, § 3; 2016, ch. 1045, § 1. Sentencing Commission Comments. This section prohibits receipt, possession or transportation of alcoholic beverages for redistribution without proper state revenue stamps. Subsection (b) provides an inference of intent to resell or distribute where more than five gallons of unstamped alcoholic beverages are possessed, received or transported. Subsection (b) deviates from prior law which allowed an inference for resale where the quantity is seven gallons or more. The commission made the change to provide consistency with other provisions in the proposed code which allow transporting of less than five gallons of alcoholic beverages which have proper revenue stamps. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Allegations concerning intoxicating liquor, § 40-13-219 . Local option law, title 57, ch. 3. Penalty for Class A misdemeanor, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 3, 6, 11, 15, 16, 17, 20, 21, 23, 25, 28. Law Reviews. Criminal Law — Illegal Search and Seizure, 29 Tenn. L. Rev. 577 (1962).