Tennessee § 57-3-213 - Expiration of licenses — Renewal.

§ 57-3-213. Expiration of licenses — Renewal.

Each license shall expire twelve (12) months following the date of its issuance. The commission is authorized to issue renewal licenses for all qualified persons licensed as of July 1, 1981 for a period of time greater than three (3) months but less than a year so as to distribute expiration dates throughout the year, for the year following July 1, 1981 only. The license fee or the proportionate part thereof prescribed by this chapter shall be paid in advance at the time the application for renewal is made as provided by this chapter. Each license issued pursuant to this chapter may be renewed upon application therefor by the licensee. The renewal application shall be accompanied by the payment of the annual fee for such license. Each license shall automatically expire twelve (12) months from the date of its issuance unless the licensee has filed a renewal application and paid the annual license fee or privilege tax required by this title. The commission shall consider the application with all other evidence which it may obtain by investigation or otherwise in determining whether the license is to be renewed. The commission shall make such order, as the entire record justifies, granting or refusing the renewal application, and such order shall be effective from its date. If the license is not renewed, the applicant is entitled to the hearing and notice requirements as set out in § 57-3-214. [Deleted by 2019 amendment.] Acts 1939, ch. 49, § 14; 1949, ch. 284, § 6; C. Supp. 1950, § 6648.17; Acts 1951, ch. 52, § 5; impl. am. Acts 1963, ch. 257, § 29; Acts 1976, ch. 438, § 1; T.C.A. (orig. ed.), § 57-126; Acts 1981, ch. 152, § 2; 1982, ch. 577, § 1; 1985, ch. 76, § 1; 2019, ch. 136, § 1. Amendments. The 2019 amendment, effective August 1, 2019, deleted former (d) which read: “(d) In addition to these requirements the application for license renewal shall be accompanied by a certificate as set forth in § 57-3-208 , which certificate shall be valid for two (2) years. A new certificate shall be required every other year, to be submitted with the application for renewal.” Effective Dates. Acts 2019, ch. 136, § 6. August 1, 2019. Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 5, 6, 8, 22. Law Reviews. Local Government Law — 1956 Tennessee Survey (Joseph Martin, Jr.), 9 Vand. L. Rev. 1032. NOTES TO DECISIONS 1. Granting of Licenses. 2. Power of Commission. 3. —Effect of Actions of Local Officials. 4. Review of Commission's Actions. 1. Granting of Licenses. The granting of liquor licenses by the state does not preclude municipal authorities from making reasonable regulations as to sale or protect the holder from police regulations which are not unreasonable or oppressive. Safier v. Atkins, 199 Tenn. 574, 288 S.W.2d 441, 1956 Tenn. LEXIS 355 (1956), overruled in part, Chattanooga v. Tennessee Alcoholic Beverage Com., 525 S.W.2d 470, 1975 Tenn. LEXIS 658 (Tenn. 1975). 2. Power of Commission. The commission has full authority under this section to determine if municipal officials acted arbitrarily in refusing certificate of good moral character. Safier v. Atkins, 199 Tenn. 574, 288 S.W.2d 441, 1956 Tenn. LEXIS 355 (1956), overruled in part, Chattanooga v. Tennessee Alcoholic Beverage Com., 525 S.W.2d 470, 1975 Tenn. LEXIS 658 (Tenn. 1975). 3. —Effect of Actions of Local Officials. The commission cannot be compelled to issue license after refusal of certificate by local authorities in absence of evidence that such local authorities have acted arbitrarily and unlawfully in disapproving it. Safier v. Atkins, 199 Tenn. 574, 288 S.W.2d 441, 1956 Tenn. LEXIS 355 (1956), overruled in part, Chattanooga v. Tennessee Alcoholic Beverage Com., 525 S.W.2d 470, 1975 Tenn. LEXIS 658 (Tenn. 1975). 4. Review of Commission's Actions. The court will not substitute its judgment for that of the commission in determining whether the license should issue unless the commission acts arbitrarily and without regard for its duty. Safier v. Atkins, 199 Tenn. 574, 288 S.W.2d 441, 1956 Tenn. LEXIS 355 (1956), overruled in part, Chattanooga v. Tennessee Alcoholic Beverage Com., 525 S.W.2d 470, 1975 Tenn. LEXIS 658 (Tenn. 1975).