Tennessee § 57-2-104 - Possession, storage or transportation by manufacturer lawful — Rights limited.

§ 57-2-104. Possession, storage or transportation by manufacturer lawful — Rights limited.

A manufacturer licensed pursuant to § 57-2-102 [repealed], or the authorized agent of such licensee, may possess, store, or transport the products of the manufacturing plant within, over, and across the state; provided, that any alcoholic beverages or wine produced at a plant located within this state must be stored within a county that has authorized the manufacture of intoxicating liquors pursuant to § 57-2-103 or in a county adjacent to a county that has authorized the manufacturing operation, and such possession shall be limited to storage facilities owned, authorized, or leased by such manufacturer; and further provided, that such licensee may also possess such alcoholic beverages or wine while being transported, whether within or outside of the state. Common carriers may transport the products of such manufacturing plant only pursuant to an agreement or contract with a licensee under this title. Acts 1937, ch. 193, § 3; C. Supp. 1950, § 6648.3; T.C.A. (orig. ed.), § 57-104; Acts 2011, ch. 448, § 4; 2013, ch. 341, § 2; 2018, ch. 717, § 1. Compiler's Notes. Section 57-2-102, referred to in this section, was repealed by Acts 2019, ch. 301, § 1. Amendments. The 2018 amendment rewrote the section which read: “It is lawful for the holder of a license issued pursuant to § 57-2-102 , or the authorized agent of such licensee, to possess, store or transport the products of the manufacturing plant within, over and across the state; provided, that any alcoholic beverages or wine produced at a plant located within this state shall be stored by the licensee only within the county authorizing the operation or in a county adjacent to the county authorizing the manufacturing operation, and such possession shall be limited to storage facilities of such manufacturer; and further provided, that such licensee may also possess such alcoholic beverages or wine while being transported, whether within or outside of the state. It is lawful for common carriers to transport the products of such manufacturing plant only pursuant to an agreement or contract with a licensee under this title.” Effective Dates. Acts 2018, ch. 717, § 2. April 12, 2018. NOTES TO DECISIONS 1. Constitutionality. 1. Constitutionality. Fact that intoxicating liquors manufactured under the local option provisions of title 57, ch. 2 could not be sold to people of Tennessee but could be sold to citizens of other states did not render such act unconstitutional as being class legislation and discriminatory. Clark v. State, 172 Tenn. 429, 113 S.W.2d 374, 1937 Tenn. LEXIS 92 (1938).