Tennessee § 57-9-101 - Destruction of liquor and paraphernalia.

§ 57-9-101. Destruction of liquor and paraphernalia.

It is the duty of all sheriffs and deputy sheriffs of the different counties of the state and the police officers of each incorporated city and town to search for, seize and capture all illicit distilleries, stills and worms, distilling and fermenting equipment and apparatus and other paraphernalia connected therewith, or used or to be used in the illicit manufacture of intoxicating liquors; raw materials and substances connected with or to be used in the illicit manufacture of intoxicating liquors; and containers connected with or used in the packaging of illicitly manufactured intoxicating liquors. It is the duty of such officer or officers to destroy any and all whiskey, beer, or other intoxicants found at or near such distilleries or stills except with respect to intoxicating liquors upon which federal tax has been paid as provided in § 57-9-115. It is the duty of such officer or officers capturing such distilleries, stills, distilling and fermenting equipment and apparatus and other paraphernalia, to summarily destroy and render useless such property. Any intoxicants or other articles of personal property destroyed under authority of this section shall be destroyed in the presence of at least two (2) credible witnesses. Within five (5) days after such destruction, the officer destroying such intoxicants or other articles shall file a written statement, listing all items destroyed, signed by the officer destroying and the witness or witnesses thereto, with the circuit or criminal court clerk of the county where seized and, in addition, shall file a copy thereof with the alcoholic beverage commission. The reference to sheriffs and deputy sheriffs in this section shall also include constables in counties of this state having a population of: not less than nor more than 3,700 4,700 6,000 7,800 8,400 8,500 8,535 8,540 9,200 9,570 10,770 10,780 11,512 11,550 11,700 11,900 12,000 13,000 14,500 14,600 15,300 15,500 15,750 16,000 17,000 17,350 18,000 18,200 18,300 18,900 19,000 19,100 21,000 21,500 21,600 22,300 23,200 23,350 23,355 23,391 23,391 23,450 23,500 23,750 24,000 24,255 25,600 27,500 27,900 28,000 28,555 28,600 29,250 31,250 31,260 33,000 33,700 34,000 35,480 41,800 41,900 50,000 57,550 59,400 59,500 60,050 60,600 62,000 64,000 65,000 101,000 118,400 118,700 200,000 according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County. Acts 1919, ch. 20, § 1; Shan. Supp., § 6798a19b18; Code 1932, § 11239; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 584, § 1; 1972, ch. 672, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 5; T.C.A. (orig. ed.), § 57-601; Acts 1982, ch. 881, § 1; 1991, ch. 9, § 8; 1992, ch. 973, § 6; Private Acts 1994, ch. 191, § 4; Acts 1996, ch. 553, § 5; 1996, ch. 753, § 5. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 1996, ch. 753, § 1 abolished the office of constable, effective in any county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand four hundred (31,400) according to the 1990 federal census or any subsequent federal census, upon adoption of a resolution by July 15, 1996, by a two-thirds (2/3) vote of the county legislative body of such county. The section as set out above reflects the amendment by ch. 753. Cross-References. Constables, counties in which office abolished, § 8-10-101 . Law Reviews. Preferences, Priorities, and Powers of the State in the Collection of Delinquent Revenue: Tennessee's Tax Enforcement Procedures Act (Donald J. Serkin), 8 Mem. St. U.L. Rev. 707.