57-1-101. “Commission” defined.

Whenever the word “commission” appears in the context of this chapter, the same means and refers to the alcoholic beverage commission.

Acts 1963, ch. 257, § 11; T.C.A., § 57-819.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

57-1-102. Alcoholic beverage commission created — Appointment.

1. There is hereby created and established the alcoholic beverage commission, which shall consist of three (3) members, to be appointed by the governor. One (1) member of the commission shall be appointed and reside in each grand division of the state. The members comprising the commission shall not be less than thirty (30) years of age, and shall have been residents and citizens of this state for at least five (5) years preceding their appointment. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
2. 1. Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the commission:
      1. Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6, who is subsequently appointed or otherwise named as a member of the commission shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the commission, prior to serving as a member of the commission. This subdivision (b)(1)(A) shall apply to all persons appointed or otherwise named to the commission after July 1, 2010;
      2. No person who is a member of the commission shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6, for any entity whose business endeavors or professional activities are regulated by the commission during such person's period of service as a member of the commission. This subdivision (b)(1)(B) applies to all persons appointed or otherwise named to the commission after July 1, 2010, and to all persons serving on the commission on such date who are not registered as lobbyists; and
      3. No person who serves as a member of the commission shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the commission for one (1) year following the date such person's service on the commission ends. This subdivision (b)(1)(C) applies to members serving on the commission as of July 1, 2010, and to all members appointed to the commission subsequent to such date.
   2. A person who violates this subsection (b) shall be subject to the penalties prescribed in title 3, chapter 6.
   3. The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103.

Acts 1963, ch. 257, § 1; T.C.A., § 57-801; Acts 1987, ch. 70, § 1; 1988, ch. 1013, § 25; 2010, ch. 1118, § 3.

Compiler's Notes. The alcoholic beverage commission created by this section, terminates June 30, 2021. See §§4-29-112,4-29-242.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

57-1-103. Terms — Vacancy — Removal — Compensation — Attendance.

1. The three (3) members of the commission appointed by the governor must be appointed for terms concurrent with the term of the governor. In the event a vacancy occurs, the governor shall appoint a person to fill the vacancy for the unexpired term.
2. The commissioners serve at the pleasure of the governor and are subject to removal by the governor at any time.
3. Each member of the commission must receive five hundred dollars ($500) for each meeting of the commission that the member attends. The members of the commission must likewise be reimbursed for their actual and necessary expenses incurred in connection with their official duties. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
4. 1. A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year must be removed as a member of the commission.
   2. The chair of the commission shall promptly notify the governor of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).

Acts 1963, ch. 257, § 2; 1976, ch. 806, § 1(12); T.C.A., § 57-802; Acts 1988, ch. 867, § 1; 2018, ch. 933, § 6.

Amendments. The 2018 amendment, in (a) in the first sentence, substituted “appointed by the governor must” for “shall” and inserted “the” preceding “governor” at the end, substituted “a person” for “some person” in the second sentence; rewrote (b) which read: “The governor shall have authority to remove any member from the commission only for cause, including misfeasance and nonfeasance, after first delivering to the member a copy of the charges against the member.”; in (c), rewrote the first sentence which read: “The members of the commission shall receive annual compensation in the sum of six thousand dollars ($6,000) per year, which shall be payable in monthly installments out of the treasury of the state of Tennessee.”, in the second sentence, deleted “The members” at the beginning, and added “that the member attends” at the end, in the third sentence, added “The members of the commission must” at the beginning, deleted “shall” preceding “likewise” and substituted “must” for “shall”; and added (d).

Effective Dates. Acts 2018, ch. 933, § 7. July 1, 2018.

57-1-104. Name and domicile — Meetings — Quorum.

1. The official name of the commission shall be the Tennessee alcoholic beverage commission and its official domicile shall be in Nashville. All meetings of the commission shall be held in Nashville.
2. The commission shall elect one (1) of its own members as chair, and the commission shall meet at least one (1) time in Nashville each month, and shall hold such other meetings for any period of time as may be necessary for the commission to transact and perform its official duties and functions. The commission may hold a special meeting at any time it deems necessary and advisable in the performance of its official duties. Two (2) members of the commission shall constitute a quorum for the transaction of any business, or in the performance of any duty, power or function of the commission. A special meeting may be called by the chair, or by a majority of the commission.

Acts 1963, ch. 257, § 3; T.C.A., § 57-803.

57-1-105. Director — Salary — Qualifications — Duties — Assistant director.

1. The commission is hereby authorized to appoint a director to serve at the pleasure of the commission. The director's salary shall be fixed by the commission with the approval of the appropriate state officials as now required by law. The office of the director shall be at Nashville.
2. The director shall be at least thirty (30) years of age, and shall have been a citizen and resident of this state for at least five (5) years prior to appointment. The director shall be licensed to practice law in this state. The director shall be designated as director, alcoholic beverage commission.
3. The director shall be the chief administrative officer of the commission and all personnel employed by the commission shall be under the director's direct supervision. The director shall be solely responsible to the commission for the administration and enforcement of this chapter and shall be responsible for the performance of all duties and functions delegated by the commission.
4. The director shall keep and be responsible for all records of the commission and shall also serve as secretary of the commission. The director shall prepare and keep the minutes of all meetings held by the commission, including a record of all business transacted and decisions rendered by the commission.
5. The commission is hereby authorized to appoint an assistant director who shall perform such duties and functions which may be assigned by the director or the commission. The assistant director, if licensed to practice law in this state, may also be designated by the commission to sit, act and serve as a hearing officer and when designated as a hearing officer, the assistant director shall be authorized to perform the same duties and functions as the regular hearing officer is now authorized under this chapter and title.
6. The director and assistant director shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

Acts 1963, ch. 257, § 4; 1970, ch. 452, § 1; 1976, ch. 806, § 1(12); T.C.A., § 57-804.

Attorney General Opinions. Discrimination, OAG 89-73 1989 Tenn. AG LEXIS 55 (5/3/89).

57-1-106. Hearing officer — Service of process.

1. The director shall act and serve as hearing officer when designated by the commission and shall perform such duties as hearing officer as now authorized under this chapter.
2. In any action or suit brought against the members of the commission in their official capacity in a court of competent jurisdiction, to review any decision or order issued by the commission, service of process issued against the commission may in their absence be lawfully served or accepted by the director on behalf of the commission as though the members of the commission were personally served with process.

Acts 1963, ch. 257, § 5; T.C.A., § 57-805.

57-1-107. Chief law enforcement officer — Appointment — Qualifications — Travel expenses.

The commission is hereby authorized to appoint a chief law enforcement officer who shall serve at the pleasure of the commission. The chief law enforcement officer shall:

1. Be under the immediate supervision of the director;
2. Be at least thirty (30) years of age;
3. Have been a citizen and resident of this state for at least five (5) years prior to appointment;
4. Have had experience and training in law enforcement work and qualifications identical to that required for members of the Tennessee bureau of investigation; and
5. Be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

Acts 1963, ch. 257, § 6; 1976, ch. 806, § 1(12); T.C.A., § 57-806.

57-1-108. Interests precluding appointment to or employment by commission.

1. No person shall be eligible to be appointed as a member of the commission, and no person shall be employed in any capacity by the commission, if such person shall have any interest, financial or otherwise, either direct or indirect, in any distillery, wholesale dealer or retail dealer licensed as such in this state. No family member, including spouse, child or children, father or mother, niece or nephew by blood or marriage, son-in-law or daughter-in-law, shall be employed by any distillery, wholesale dealer or retail dealer, nor shall any family member hold or have issued to them any alcoholic beverage license in this state.
2. No such person shall have interest of any kind in any building, fixtures, or in the premises occupied by any person, firm or corporation licensed under this chapter.
3. No such person shall own any stock, nor shall have any interest of any kind, direct or indirect, pecuniary or otherwise, by a loan, mortgage, gift, seeking a loan, or guaranteeing the payment of any loan, in any distillery, wholesale dealer or retail dealer licensed under this chapter.
4. This section shall not apply to server permits issued under § 57-3-704.

Acts 1963, ch. 257, § 7; T.C.A., § 57-807; 2017, ch. 147, § 1.

Attorney General Opinions. Conflicts of interest, commission members, OAG 94-062, 1994 Tenn. AG LEXIS 65 (4/20/94).

57-1-109. Commissioners prohibited from accepting gifts or bribes — Conspiracy — Penalty.

1. No member of the commission and no person employed by the commission shall accept any gift, favor, merchandise, donation, contribution, or any article or thing of value, from any person, firm or corporation licensed under this chapter.
2. No such person shall conspire with any other person to violate this section or attempt to violate this section.
3. Any person violating this section shall be dismissed and discharged from employment or position, and as a consequence such person shall forfeit any pay or compensation which might be due.
4. A violation of this section is a Class C misdemeanor.

Acts 1963, ch. 257, § 8; T.C.A., § 57-808; Acts 1989, ch. 591, § 113.

Cross-References. Banks or affiliates of banks, unlawful receipt of gratuity or compensation, §45-2-1704.

Penalty for Class C misdemeanor, §40-35-111.

57-1-110. Offering gifts or bribes to commissioners — Penalty.

When any distillery, wholesaler or retailer licensed under this chapter, or any person employed by any such distillery, wholesaler or retailer, violates, conspires with any other person to violate, or attempts to violate §57-1-109, it is the mandatory duty of the commission to revoke such person's license and permit.

Acts 1963, ch. 257, § 9; T.C.A., § 57-809.

57-1-111. Full-time employment.

The director, the chief law enforcement officer and all other law enforcement personnel shall be employed only on a full-time basis.

Acts 1963, ch. 257, § 10; T.C.A., § 57-810; Acts 2012, ch. 968, § 6.

Cross-References. Duties of secretary of state, §8-3-104.

57-1-112. “Licensed retailer”, “retailer” or “retail licensee” to include retail food store wine licensees.

As used in §§57-1-110,57-3-406(b) and (g) and57-3-204(c), “licensed retailer”, “retailer” or “retail licensee” shall be construed to include and apply to retail food stores which have been issued a retail food store wine license.

Acts 2014, ch. 554, § 4.

Part 2 Powers and Duties of Commission

NOTES TO DECISIONS

1. Constitutionality.

Failure of original act to recite in its caption that it had the effect of amending former T.C.A. §§39-6-916 and39-6-917 did not cause such act to be unconstitutional under the provisions of Tenn. Const., art. II, § 17, since such constitutional provision does not apply to acts which by their positive provisions operate to repeal or annul previous acts by necessary implication. Clark v. State, 172 Tenn. 429, 113 S.W.2d 374, 1937 Tenn. LEXIS 92 (1938).

NOTES TO DECISIONS

1. Constitutionality.

Local option provision of this section was a “condition” within the meaning of the caption of the original act providing for the manufacture of intoxicating liquors “under certain conditions” so that the act was not unconstitutional as embracing more than one subject or as embracing a subject not expressed in the title. Clark v. State, 172 Tenn. 429, 113 S.W.2d 374, 1937 Tenn. LEXIS 92 (1938).

Provision of this section permitting local option by the counties on question of whether or not such counties would permit the manufacture of intoxicating liquors is not unconstitutional as being a delegation of legislative power to the voters of the various counties since the vote was not for or against the statute as such statute was complete in itself and only its local operative effect was left to the people of the various counties. Clark v. State, 172 Tenn. 429, 113 S.W.2d 374, 1937 Tenn. LEXIS 92 (1938).

2. Calling of Election.

This section is mandatory in requiring the county legislative body to call an election for the purposes set forth therein when a petition is filed bearing the genuine signatures of ten percent or more of the qualified voters of such county based on the number of votes cast in the last preceding presidential election. State ex rel. Motlow v. Clark, 173 Tenn. 81, 114 S.W.2d 800, 1937 Tenn. LEXIS 15 (1938).

The fact that the county legislative body can inquire into the sufficiency of a petition filed under this section and into the qualifications of the signers thereto in no way can affect the mandatory duty of the body to call the election if the petition is found to be in proper form and properly signed. State ex rel. Motlow v. Clark, 173 Tenn. 81, 114 S.W.2d 800, 1937 Tenn. LEXIS 15 (1938).

3. Mandamus to Compel Election.

A demurrer to a bill for a writ of mandamus compelling the county legislative body to adopt a resolution directing the county election commission to call an election on the question of legalizing the manufacture of intoxicating liquors in the county admitted an averment in the bill that a proper petition was filed with the body in accordance with the statute. State ex rel. Motlow v. Clark, 173 Tenn. 81, 114 S.W.2d 800, 1937 Tenn. LEXIS 15 (1938).

NOTES TO DECISIONS

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).

57-3-101. Title definitions.

1. As used in this title, unless the context requires otherwise:
   1. 1. “Alcoholic beverage” or “beverage” means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in § 57-5-101. Notwithstanding any provision to the contrary in this title, except for beer as defined in § 57-5-101(b), “alcoholic beverage” or “beverage” also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, regardless of alcohol content. Liquid products intended for beverage purposes containing alcohol that do not meet the definition of beer under § 57-5-101(b) shall also be alcoholic beverages. Notwithstanding this subdivision (a)(1)(A), products or beverages containing less than one-half of one percent (0.5%) alcohol by volume, other than wine as defined in this section, shall not be considered to be alcoholic beverages, and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title.
      2. Notwithstanding this definition, ethanol produced in a facility whose production process is primarily a wet milling process in bulk and sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit:
         1. For export to another country;
         2. To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or
         3. To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume;

         shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title;

   2. “Commission” means the alcoholic beverage commission, except as otherwise provided;
   3. “Distiller” means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent;
   4. “Distillery” means and includes any place or premises wherein any liquors are manufactured for sale;
   5. “Federal license” does not mean tax receipt or permit;
   6. “Gallon” or “gallons” means a wine gallon or wine gallons, of one hundred and twenty-eight ounces (128 oz.);
   7. “Gift” means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received; provided, however, that it does not include any such transaction between a licensee and its employee or employees in the normal course of employment or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid;
   8. “High alcohol content beer” means an alcoholic beverage which is beer, ale or other malt beverage having an alcoholic content of more than eight percent (8%) by weight and not more than twenty percent (20%) by weight, except wine as defined in § 57-3-101, that is brewed, regulated, distributed or sold pursuant to chapter 3 of this title; provided, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol;
   9. “Importer” means any person or entity holding a non-manufacturer non-resident seller's permit pursuant to § 57-3-602(c) or any entity causing alcoholic beverages to be delivered or shipped into this state holding an importer's basic permit from the alcohol and tobacco tax and trade bureau of the United States department of the treasury;
   10. “License” means the license issued pursuant to this chapter;
   11. “Licensee” means any person to whom such license has been issued pursuant to this chapter;
   12. “Manufacture” means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery;
   13. “Manufacturer” means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier;
   14. “Municipality” means an incorporated town or city having a population of nine hundred twenty-five (925) persons or over by the federal census of 1950 or any subsequent federal census; provided, however, that when any incorporated town or city by ordinance authorizes a census to be taken of such incorporated town or city and shall furnish to the commission a certified copy of the census containing the name, address, age and sex of each person enumerated therein, and if the census shall show that the incorporated town or city has a population of nine hundred twenty-five (925) persons or over, the commission, upon verification of the census, may declare such incorporated town or city to be a “municipality” for all intents and purposes of this chapter;
   15. “Pint” means one eighth (1/8) of a wine gallon;
   16. “Quart” means one fourth (¼) of a wine gallon;
   17. “Rectifier” means and includes any person who rectifies, purifies or refines distilled spirits or wines by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits, shall, by mixing such spirits, wine or other liquor with any material, manufacture any imitation of, or compounds liquors for sale under the name of, whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name;
   18. “Retail food store wine license” means a license for the sale of wine at retail in a retail food store as defined in part 8 of this chapter;
   19. “Retailer” means any person who sells at retail any beverage for the sale of which a license is required under this chapter;
   20. “Retail sale” or “sale at retail” means a sale to a consumer or to any person for any purpose other than for resale; provided, however, that it does not include any transaction between a licensee and its employee or employees in the normal course of employment for which no payment is expected or received or depletions from a licensee's inventory related to routine business or marketing purposes where all applicable taxes have been paid;
   21. “Vintner” means any person who owns, occupies, carries on, works, conducts or operates any winery, either personally or by an agent;
   22. “Wholesaler” means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter;
   23. “Wholesale sale” or “sale at wholesale” means a sale to any person for purposes of resale, except that sales by a person licensed under § 57-3-204 to a charitable, nonprofit, or political organization possessing a valid special occasion license for resale by such organizations pursuant to their special occasion license shall not be construed as such a sale;
   24. “Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product shall be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine; and
   25. “Winery” means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded, and also includes a winery for the manufacture of wine.
2. Words importing the masculine gender include the feminine and the neuter, and the singular includes the plural.

Acts 1939, ch. 49, §§ 3, 4, 13; 1949, ch. 284, § 9; C. Supp. 1950, §§ 6648.4, 6648.19 (Williams, §§ 6648.6, 6648.7, 6648.16); Acts 1955, ch. 347, § 2A; impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 257, § 11; modified; T.C.A. (orig. ed.), § 57-106; Acts 1981, ch. 404, § 4; 1982, ch. 877, § 5; 1983, ch. 229, § 4; 1986, ch. 516, § 1; 1989, ch. 325, § 1; 1991, ch. 58, § 1; 1997, ch. 155, § 2; 2005, ch. 298, § 1; 2009, ch. 395, §§ 1, 2; 2011, ch. 448, §§ 7-11; 2014, ch. 554, § 6; 2014, ch. 767, § 3; 2014, ch. 861, § 1; 2015, ch. 269, § 1.

Compiler's Notes. This chapter, to the extent that the provisions hereof are in direct conflict with the provisions of §§12-2-201 —12-2-204, as to the authority vested by such sections in the commissioner of general services for the advertising and sale of contraband intoxicating beverages and motor vehicles, is repealed by Acts 1959, ch. 303, § 5.

For tables of populations of Tennessee municipalities, see Volume 13 and its supplement.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 2, 5-9, 11, 12, 16, 23.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

The Wine Is In the Mail: The Twenty-First Amendment and State Laws Against the Direct Shipment of Alcoholic Beverages, 54 Vand. L. Rev. 2495 (2001).

Attorney General Opinions. Applicability to foodstuff products, OAG 90-31, 1990 Tenn. AG LEXIS 38 (3/7/90).

Hard cider, OAG 94-75, 1994 Tenn. AG LEXIS 78 (7/8/94).

Because a county previously approved liquor-by-the-drink sales through a county-wide referendum, this referendum made such sales legal within a city meeting the definition of a municipality under T.C.A. §57-3-101; further, the exclusion of certain municipalities from the effects of a county-wide referendum as described in T.C.A. §57-3-106(g)(1) did not apply to the city because its population is, and always has been, smaller than the least populous county according to the 1960 and subsequent censuses, OAG 02-092, 2002 Tenn. AG LEXIS 97 (8/28/02).

57-3-102. Traffic in intoxicating liquor permitted by local option.

1. It is lawful to manufacture, store, sell, distribute and purchase alcoholic beverages or wine subject to proper licensing, payment of taxes, compliance with the limitation, regulations and conditions provided in this chapter, in counties or municipalities of this state that by local option elections so permit as provided in this chapter.
2. It shall be lawful for an individual to transport up to five gallons (5 gals.) of alcoholic beverages or wine for personal or household use of the individual in counties or municipalities that have not permitted the sale of alcoholic beverages or wine by local option elections as provided in this chapter and amounts in excess of five gallons (5 gals.) if accompanied by a receipt or other documentation demonstrating legal purchase or transport from an entity licensed under § 57-3-203, § 57-3-204, § 57-3-207 or § 57-3-218.

Acts 1939, ch. 49, § 1; C. Supp. 1950, § 6648.5 (Williams, § 6648.4); T.C.A. (orig. ed.), § 57-107; Acts 2009, ch. 434, § 3; 2011, ch. 451, § 4.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 4, 14, 15.

57-3-103. Construction of chapter.

1. 1. Nothing in this chapter shall affect chapter 2 of this title.
   2. Alcoholic beverages lawfully manufactured pursuant to chapter 2 of this title may be lawfully sold in Tennessee by a manufacturer to a wholesaler duly licensed, in those counties or municipalities which favor local option after election duly held and carried as hereinafter provided for. Any manufacturer now operating pursuant to chapter 2 of this title may continue to do so without being affected in any way by this chapter, except as otherwise expressly provided herein.
2. Except as specifically permitted in §§ 57-3-207, 57-3-402 and 57-3-403, no person may store any alcoholic beverages, unless the person holds a license under § 57-3-203, § 57-3-204, § 57-3-218 or § 57-4-101, or is employed by the licensee, unless the alcoholic beverage is intended for that person's personal or social use.
3. It is the intent of the general assembly to be certain that any product containing or manufactured with distilled alcohol should be distributed only in those jurisdictions authorizing the sale of alcoholic beverages, and such distribution be subject to the rules and regulations of the commission.

Acts 1939, ch. 49, § 2; C. Supp. 1950, § 6648.6 (Williams, § 6648.5); T.C.A. (orig. ed.), § 57-108; Acts 1983, ch. 229, § 5; 1986, ch. 516, §§ 2, 3; 2006, ch. 955, § 1; 2011, ch. 451, § 5; 2014, ch. 554, § 20.

Code Commission Notes.

Acts 2014, ch. 861, § 4 purported to amend subdivision (a)(1). Subdivision (a)(1) was previously rewritten by Acts 2014, ch. 554, § 20; therefore the amendment by Acts 2014, ch. 861, § 4 was not given effect by authority of the code commission.

Attorney General Opinions. Applicability to foodstuff products, OAG 90-31, 1990 Tenn. AG LEXIS 38 (3/7/90).

Hard cider, OAG 94-75, 1994 Tenn. AG LEXIS 78 (7/8/94).

57-3-104. Enforcement and administration by commission — Licensing procedures.

1. The commission shall have the authority, by and with the consent of the governor, to employ such attorneys, inspectors, agents, officers and clerical assistance as may be necessary for the effective administration and enforcement of this chapter. The compensation of such personnel shall be approved by the governor.
2. The commission shall enforce and administer this chapter and the rules and regulations made by it.
3. The commission shall have and exercise the following functions, duties and powers:
   1. Issue all licenses in respect to, or for the manufacture, importation, bottling, keeping, giving away, furnishing, possession, transportation, sale, and delivery of alcoholic beverages, and to revoke any license whatsoever, the issuance of which is authorized by this chapter;
      1. Any revocation of any license shall be made by the commission only on account of the violation of, or refusal to comply with, any of the provisions of this chapter or any rule or regulation of the commission, after not less than ten (10) days' notice to the holder of the license proposed to be revoked, informing such licensee of the time and place of the hearing to be held in respect thereto, and all further procedure with reference to the revocation of any license shall be fixed and prescribed in the rules and regulations adopted and promulgated by the commission, which may be repealed or amended from time to time;
      2. No person has a property right in any license issued hereunder, nor shall the license itself, or the enjoyment thereof, be considered a property right;
      3. The commission shall hold a hearing to determine whether such license shall be revoked, which hearing shall be held with the same notice and in the same manner as all other hearings provided for under this chapter, whenever:
         1. Any county mayor, if a license has been issued outside the corporate limits of the municipality and outside a civil district meeting the requirements set out in § 57-3-205;
         2. A majority of a three-member commission which has been set up as provided in § 57-3-108, if a license has been issued within a civil district meeting the requirements set out in § 57-3-205; or
         3. The mayor or majority of the commission, city council or legislative council of a municipality within which a license has been issued

         certifies that any licensee has habitually violated this chapter, or any regulation adopted by the county legislative bodies, three-member commissions, or legislative councils, relative to the conduct and operation of the business provided for in this chapter;

   2. Refuse to issue a license or permit if, upon investigation, the commission finds that the applicant for a license or permit has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning the operation of the business or employment, or if the interest of the applicant in the operation of the business or employment is not truly stated in the application, or in case of any fraud or false swearing by the applicant touching any matter relating to the operation of the business or employment. If a license or permit has been issued, the commission shall issue a citation to the licensee or permittee to show cause why the license or permit should not be suspended or revoked. All data, written statements, affidavits, evidence or other documents submitted in support of an application are a part of the application;
   3. Summon any applicant for a license or permit and also to summon and examine witnesses, and to administer oaths to such applicants and witnesses in making any investigation in regard thereto;
   4. Make, promulgate, alter, amend, or repeal rules and regulations for the enforcement of this chapter or the collections of all license fees and taxes, and all penalties and forfeitures relating thereto, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue;
   5. Prescribe all forms of application and licenses and tax stamps, and of all reports and all other papers and documents required to be used under or in the enforcement of this chapter, except that the alcoholic beverage tax authorized to be collected by §§ 57-3-302 and 57-3-303 shall be collected by the commissioner of revenue;
   6. Prevent parts of the premises connected with or in any sense used in connection with the premises, whereon the possession, transportation, delivery, receipt, sale or purchase of alcoholic beverages may be lawful, from being used as a subterfuge, or means of evading the provisions of this chapter or the rules and regulations of the commission;
   7. Conform to, adopt, or coordinate, to the extent that the commission may deem proper, the practices, methods, standards, rules, and regulations governing traffic in alcoholic beverages, and in alcohol, with the rules, practices, standards, and regulations established by the government of the United States, or any officer, bureau or agency thereof;
   8. Require, on licensed premises, the destruction or removal of any and all bottles, whether empty or otherwise, cases, containers, apparatus, or devices, used or likely to be used, designed or intended or employed in evading, violating or preventing the enforcement of this chapter or the rules and regulations of the commission;
   9. Regulate the advertising, signs and displays, posters or designs intended to advertise any alcoholic beverage or the place where the same is sold; and
   10. Refuse to issue or renew a license or permit, or issue a citation in an amount not to exceed one hundred dollars ($100) per violation if, upon investigation, the commission finds that the applicant for a license or permit has not demonstrated the financial capacity to operate the business in a manner consistent with the regulations of the commission or is not generally paying its debts as they come due except for debts as to which there is a bona fide dispute.

Acts 1939, ch. 49, § 4; 1945, ch. 167, § 1; 1947, ch. 73, § 2; 1949, ch. 284, § 2; C. Supp. 1950, § 6648.7; Acts 1951, ch. 52, § 1; impl. am. Acts 1963, ch. 257, §§ 11, 33; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 57-109; Acts 1981, ch. 474, § 2; 2003, ch. 90, § 2; 2014, ch. 1015, § 6; 2017, ch. 147, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2 directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 3, 4, 6-9, 15, 28.

Law Reviews.

Delegation of Powers to Administrative Agencies in Tennessee (Philip P. Durand), 27 Tenn. L. Rev. 569.

Attorney General Opinions. The Alcoholic Beverage Commission (ABC) has the power, by necessary implication, to require distillers of alcoholic beverages to report the names of the current corporate shareholders and officers on a form designated by the ABC.  For purposes of reporting to the ABC a change in the stock ownership of a corporation that operates a distillery, there is no provision of law that expressly establishes a threshold percentage change of interest that must be met before the change is required to be reported. Likewise, no provision of current state law exempts any type of distillery from reporting the names of corporate shareholders and officers to the ABC. OAG 18-03, 2018 Tenn. AG LEXIS 3 (1/31/2018).

57-3-105. Conflicts of interest prohibited.

No member of the commission and no person employed by the commission shall have any interest, direct or indirect, either proprietary or by means of any loan, mortgage or lien, or in any other manner, in or on any premises where alcoholic beverages are sold; nor shall they or any of them have any interest, direct or indirect, in any business wholly or partially devoted to the sale, transportation or storage of alcoholic beverages.

Acts 1939, ch. 49, § 5; C. Supp. 1950, § 6648.16 (Williams, § 6648.8); impl. am. Acts 1963, ch. 257, § 15; T.C.A. (orig. ed.), § 57-110.

57-3-106. Local option election — Municipalities where applicable — Supplemental voter registration — Restrictions on frequency of elections.

1. 1. Except as provided in subsection (g), the voters of any county may, by local option election, permit the manufacture, receipt, sale, storage, transportation, distribution and possession of alcoholic beverages, within the territorial limits of such county, by a majority vote, at an election held as hereinafter provided, and, in the event of such permission, the manufacture, receipt, sale, storage, transportation, distribution and possession of alcoholic beverages in such county are lawful; provided, that sales at retail as herein defined shall be made only in the municipalities in such county as herein defined, or within a civil district of such county, which district shall have a population of thirty thousand (30,000) persons or over, according to the federal census for the year 1950 or any subsequent census, but which civil district shall not have lying either wholly or partly within its boundaries a municipality as herein defined.
   2. In like manner, the voters of any county, at any time while this chapter is in effect, may, by local option election, forbid the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic or intoxicating beverages, within the territorial limits of such county, by a majority vote, at an election to be held as hereinafter provided, and, in the event of such prohibition, the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic or intoxicating beverages in such county is unlawful; provided, that this does not apply to a bona fide manufacturer, actually engaged in manufacture under this chapter.
2. 1. Except in counties having populations of:

      not less than  nor more than

      12,100 12,200

      23,500 24,000

      65,000 70,000

      according to the 1970 federal census or any subsequent federal census, the voters of any municipality in this state which has been incorporated under a general or special law or laws of this state for five (5) years or longer and which has a population of nine hundred twenty-five (925) or more persons, according to the federal census of 1970 or any subsequent federal census, except in municipalities with a population of not less than one thousand two hundred thirty (1,230) nor more than one thousand two hundred fifty (1,250), according to the 1970 federal census or any subsequent federal census, in any county having a population of not less than thirteen thousand five hundred (13,500) nor more than thirteen thousand six hundred (13,600), according to the 1970 federal census or any subsequent federal census, may, by local option election, permit the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic beverages within the territorial limits of such municipality by a majority vote, at an election held as hereinafter provided, and in the event of such permission, the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic beverages in such municipality shall be, and become lawful, notwithstanding the fact that the county or any portion thereof in which such municipality is located has, or has not, voted to the contrary under any other provision of this chapter, and the same shall continue to be lawful until the same is forbidden by the voters of such municipality, by majority vote thereof, at a local option election held as hereinafter provided.

   2. In like manner, the voters of any such municipality, at any time while this chapter is in effect, may, by local option election, forbid the manufacture, receipt, sale, storage, transportation, distribution, and/or possession of alcoholic or intoxicating beverages, within the territorial limits of the municipality, by a majority vote, at an election to be held as hereinafter provided, and in the event of such prohibition, the manufacture, receipt, sale, storage, transportation, distribution, and/or possession of alcoholic or intoxicating beverages in the municipality is unlawful, notwithstanding the fact that the county or any portion thereof in which the municipality is located has or has not voted to the contrary under any other provision of this chapter; provided, that this does not apply to a bona fide manufacturer, actually engaged in manufacture under any law of this state.
3. 1. Elections provided for in subsections (a) and (b) shall be called and held as elections on questions by the county election commission at the next regular election of the county or municipality, as the case may be, upon receipt of a petition signed by residents of the county or municipality, as the case may be, to a number amounting to ten percent (10%) or more of the votes cast in the county or municipality, as the case may be, for governor of the state of Tennessee at the then last preceding gubernatorial election, requesting the holding of such election. Except that, no election under this chapter may be placed on the same ballot or conducted on the same day of a primary election.
   2. Such petition shall be addressed to the county election commission of such county, or county in which such municipality is located, and shall read, except for such address, substantially as follows:

      We, registered voters of  (here insert name of county or municipality, as the case may be), do hereby request the holding of a local option election to authorize retail package stores to sell alcoholic beverages as provided by law.

   3. Such petition may be in two (2) or more counterparts.
4. Registered voters of the county or municipality, as the case may be, may vote in the election. Ballots shall be in the form prescribed by the general election laws of the state, except as herein otherwise provided.
   1. The questions submitted to the voters appearing thereon in county elections shall be in the following form:

      To permit retail package stores to sell alcoholic beverages in  (Here insert name of county)

      Not to permit retail package stores to sell alcoholic beverages in   (Here insert name of county)

   2. The questions submitted to the voters appearing thereon in municipal elections shall be in the following form:

      To permit retail package stores to sell alcoholic beverages in  (Here insert name of municipality)

      Not to permit retail package stores to sell alcoholic beverages in   (Here insert name of municipality)

5. In county elections, the county election commission shall hold a prior supplemental registration, unless such election be at the time of a general election, such registration to be held at the time and in the manner prescribed by law for the holding of supplemental registration previous to the election for members of the general assembly.
6. 1. The county election commission shall certify the results of the election to the county mayor in county elections and to the mayor of the municipality in municipal elections.
   2. Not more than one (1) election in any such county or municipality shall be held under this chapter within any period of twenty-four (24) months, except that no election in an entire county or any portion thereof in which such municipality is located, held under this chapter, is an election held in such municipality within the meaning of this subdivision (f)(2).
   3. Should any county or municipality thereof conduct a local option election under this chapter in conjunction with any general election, and the number of qualified votes cast negative to the local option proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further local option election in such county or municipality shall be held for a period of four (4) years from the date of such previous election. However, no election in an entire county or any portion thereof in which such municipality is located, held under this chapter, is an election held in such municipality within the meaning of this provision.
7. 1. In those counties wherein are located municipalities which have a population equal to or greater than the smallest county in Tennessee by the federal census of 1960 or by any succeeding federal census, or any municipality having a population of one thousand seven hundred (1,700) or more persons, according to the 1960 federal census in which at least fifty percent (50%) of assessed valuation of the real estate in the municipality consists of hotels, motels, and tourist courts and accommodations, as shown by the tax assessment rolls or books of the municipality, the elections provided for in subsection (a) apply only to those portions of such county lying outside the corporate limits of such municipalities, it being the purpose and intent of this chapter that as to such counties no countywide election may be held in, nor shall its result affect, any such municipality, but whether or not the manufacture, receipt, sale, storage, distribution, transportation and/or possession of alcoholic beverages shall be permitted or prohibited within the corporate limits of such municipalities shall be determined solely by separate local option elections held in each municipality as provided by subsection (b) hereof; provided, that in such counties wherein the manufacture, storage, sale, distribution, transportation, and/or possession of alcoholic beverages was legal on May 10, 1967, nothing herein shall affect the legality thereof in such counties and the municipalities thereof until the same shall be prohibited by separate local option elections held as provided in this section.
   2. Elections may be called and held in such portions of such counties lying outside such municipalities in the same manner as is provided by subsection (a) for an entire county and with like effect, except that the results thereof shall be applicable only to those portions of such counties lying without the corporate limits of such municipalities. Petitioners for such elections and the voters participating therein shall reside within those portions of the county lying outside the corporate limits of such municipalities and shall be otherwise qualified as provided in this section. Where a majority of the voters participating in such election shall permit the manufacture, receipt, sale, storage, distribution, transportation and/or possession of alcoholic beverages within such portions of such counties, the same shall be and become lawful therein, but sales at retail shall be made only in such portions of such counties as are within the corporate limits of municipalities as the same are defined in § 57-3-101, except this subsection (g) shall likewise apply to any civil district which falls within subsection (a) and § 57-3-205.
   3. Not more than one (1) such election shall be held in such portions of any county lying without the corporate limits of such municipalities within any period of twenty-four (24) months.
   4. Should any portion of any county lying without the corporate limits of such municipalities conduct a local option election under the provisions of this chapter in conjunction with any general election, and the number of qualified votes cast negative to the local option proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further local option election in such portions of any county lying without the corporate limits of such municipalities shall be held for a period of four (4) years from the date of such previous election. However, no election in any such portion of a county, held under this chapter, is an election held in such municipalities within the meaning of this subdivision (g)(4).
8. When a municipality is located partly within a county that has a metropolitan form of government and the county has authorized retail package stores to sell alcoholic beverages and partly within another county that has not authorized retail package stores to sell alcoholic beverages, a referendum in the municipality shall be held only in that portion of the municipality located in the county that has not authorized retail package stores to sell alcoholic beverages. The referendum result shall not affect the sale of alcoholic beverages by retail package stores in the portion of the municipality located in the county having a metropolitan form of government.
9. If any municipality located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than five hundred thirty (530) nor more than five hundred thirty-nine (539), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum shall be conducted in the manner prescribed by this section.
10. If any municipality located in any county having a population of not less than forty-one thousand eight hundred (41,800) nor more than forty-one thousand nine hundred (41,900), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than four hundred sixty (460) nor more than four hundred seventy (470), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum must be conducted in the manner prescribed by this section.
11. If any municipality located in any county having a population of not less than sixty-six thousand two hundred (66,200) nor more than sixty-six thousand three hundred (66,300), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than three hundred ten (310) nor more than three hundred nineteen (319), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum must be conducted in the manner prescribed by this section.
12. 1. Notwithstanding subsection (a), in any county that has approved the sale at retail of alcoholic beverages, retail sales may be made within the boundaries of any property under the control of a property owners association that:
       1. Includes at least four thousand (4,000) homes;
       2. Contains three (3) golf courses, a country club, and a yacht club;
       3. Is managed by a 501(c) nonprofit corporation;
       4. Has more than one hundred (100) miles of roads maintained by the property owners association;
       5. Has a volunteer fire department;
       6. Has more than one hundred (100) people employed by the property owners association;
       7. Has a utility system maintained by the property owners association;
       8. Is located on the banks of Tellico Reservoir; and
       9. Is located in any county having a population not less than forty-eight thousand five hundred (48,500) and not more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census.
    2. Notwithstanding any other law to the contrary, the commission may issue a retailer's license to any 501(c) nonprofit corporation described in subdivision (l )(1)(C) if such nonprofit corporation approves having a retail licensee within the boundaries of its property upon a majority vote of the board for such nonprofit corporation.

Acts 1939, ch. 49, § 16; C. Supp. 1950, § 6648.8 (Williams, § 6648.19); Acts 1951, ch. 52, § 6; impl. am. Acts 1951, ch. 75, § 1; impl. am. Acts 1953, ch. 88, § 1; Acts 1963, ch. 390, § 1; 1967, ch. 215, § 1; 1971, ch. 70, § 8; 1972, ch. 502, § 1; 1972, ch. 612, § 8; 1972, ch. 640, § 1; 1972, ch. 740, § 4; impl. am. Acts 1972, ch. 740, § 7; Acts 1975, ch. 112, §§ 1, 2; 1975, ch. 358, § 1; 1977, ch. 174, §§ 1, 2; 1978, ch. 627, § 1; impl. am. Acts 1978, ch. 934, §§ 21, 36; T.C.A. (orig. ed.), § 57-111; Acts 1981, ch. 381, §§ 1-3; 1982, ch. 551, §§ 1-5; 1992, ch. 711, § 2; 2003, ch. 90, § 2; 2011, ch. 116, § 1; 2015, ch. 201, § 1; 2018, ch. 692, § 1; 2018, ch. 891, § 1; 2018, ch. 1027, § 2.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13. and its supplement.

Acts 2003, ch. 90, § 2 directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Amendments. The 2018 amendment by ch. 692 added (j).

The 2018 amendment by ch. 891 added (k).

The 2018 amendment by ch. 1027 added (l ).

Effective Dates. Acts 2018, ch. 692 § 3. April 9, 2018.

Acts 2018, ch. 891, § 3. May 3, 2018.

Acts 2018, ch. 1027, § 3. May 21, 2018.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 6, 28.

Attorney General Opinions. Because a county previously approved liquor-by-the-drink sales through a county-wide referendum, this referendum made such sales legal within a city meeting the definition of a municipality under T.C.A. §57-3-101; further, the exclusion of certain municipalities from the effects of a county-wide referendum as described in T.C.A. §57-3-106(g)(1) did not apply to the city because its population is, and always has been, smaller than the least populous county according to the 1960 and subsequent censuses, OAG 02-092 (8/28/02).

Even though sales of liquor by the drink were legal in a city, as a result of a previous county referendum, the voters of the city could, through a referendum, prohibit such sales, OAG 02-092 (8/28/02).

Participation of the municipality as a whole is required in a referendum to approve liquor by the drink, OAG 06-113 (7/19/06).

Consumption of alcoholic beverages on the premises in unincorporated areas of a county, OAG 09-011 (2/3/09).

Constitutionality of rule limiting advertising of alcoholic beverages.  OAG 13-46, 2013 Tenn. AG LEXIS 46 (6/17/2013).

57-3-107. Counties in which no election held — Counties voting against local option — Effect — Transportation of intoxicating liquors through dry counties.

1. In the several counties, or portions thereof, and in the several municipalities wherein separate local option election may be held under the provisions hereof, in which no local option election is held, or, if held, a majority of votes cast therein are against local option, then as to that county or portion thereof, or municipality, nothing in this chapter shall be so construed as to modify in any respect the statutes now in force relating to the manufacture, sale, transportation, and/or possession of intoxicating liquors, but the same shall remain in full force and effect.
2. It shall be lawful to transport alcoholic beverages through such counties in which no local option election is held, or if the election is held and the majority of votes cast therein are against local option, if, in either such case, such beverages are in sealed bottles or containers, and are moving from a duly licensed manufacturer to a licensed wholesaler, or from a wholesaler to a licensed retailer, and such shipment is accompanied by a bill of lading or other instrument in writing showing the destination of such alcoholic beverages.
3. Whenever any county or municipality wherein traffic in alcoholic beverages has been legalized, shall, by a majority vote in a local option election held as set out herein, prohibit such traffic, all licensed dealers in such county or municipality shall have ninety (90) days from the final determination of the results of the election to dispose of their stocks of alcoholic beverages and wind up their businesses.

Acts 1939, ch. 49, § 17; C. Supp. 1950, § 6648.9 (Williams, § 6648.20); Acts 1951, ch. 138, § 2; 1967, ch. 215, § 2; modified; T.C.A. (orig. ed.), § 57-112.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, § 6.

57-3-108. District commissions — Members — Appointment — Term of office — Qualifications — Vacancies — Service without compensation.

1. Whenever any civil district of any county of the state shall by virtue of § 57-3-205 meet the requisites for the licensing of retail liquor stores to be located within such district the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, shall appoint a three-member commission composed of citizens and residents of the civil district involved, which commission shall be vested with all the powers and duties with respect to the sale of alcoholic beverages within such district which may under state law be vested in the mayor and/or board of aldermen of a municipality of the state, including the right to limit the number of such stores and to limit the permissible locations within such district where such stores may be situated.
2. Members of such commission shall serve until the next biennial election in August occurring more than thirty (30) days after such civil district shall be brought within the requirements of this chapter for the sale of alcoholic beverages at retail, at which time their successors shall be elected.
3. The qualifications required of a member of such commission shall be the same as those for the magistrates of such district, and the qualifications of those entitled to vote for such commissioners shall be the same as those required for voters for the office of magistrate of such district.
4. The term of office of all the members of the commission shall be for two (2) years, or until their successors are duly elected and take office. All vacancies on the commission shall be filled by the appointment of the secretary of state, state treasurer and comptroller of the treasury, or a majority of them, and such appointment shall be for the unexpired term of the member whose vacancy is being filled.
5. The members of the commission shall serve without compensation and shall have no interest, financial or otherwise, in any retail or wholesale liquor store or distillery.
6. In the event the terms of office of the members of the commission shall have expired, that is, that they shall have served the two (2) years for which they were originally elected, and as many as one (1) biennial election has been held without the voters having an opportunity to elect the members of the commission because no names were printed on the ballot, then the terms of the members of the commission shall be automatically terminated and a new commission shall be designated with all the rights and powers attaching to the commission herein. In such event the members of the commission shall be appointed by a board composed of the secretary of state, state treasurer and comptroller of the treasury in the same case as otherwise provided for filling vacancies.

Acts 1939, ch. 49, § 9a, as added by Acts 1951, ch. 52, § 4 (Williams, § 6648.12a1); 1955, ch. 244, § 1; T.C.A. (orig. ed.), § 57-113.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 6, 8.

57-3-109. Damaged or unaccepted goods — Liability for tax.

When any common carrier transporting alcoholic beverages to a point within this state, or any insurance company insuring such alcoholic beverages, comes into possession of such alcoholic beverages by virtue of the same being damaged or otherwise unaccepted by the consignee of such alcoholic beverages, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner of revenue is furnished to the commissioner by such carrier or insurer showing that such alcoholic beverages have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state.

Acts 1971, ch. 150, § 1; T.C.A., § 57-169.

57-3-110. Sale of liquors to armed forces agencies.

1. Any wholesaler, manufacturer, or distiller may sell intoxicating liquors to any post exchange, ship's service store, mess, club, or commissary of any post, camp, station or reservation of the armed forces, or any other agency authorized by the department of defense to engage in the sale of intoxicating liquors.
2. Before any person shall transport (other than by common carrier) alcoholic beverages within, into, or through this state, for delivery to any such ship's service store, mess, club, commissary, or other agency under the jurisdiction of the department of defense, such person shall comply with § 57-3-403, and any other law applicable to the transporting of alcoholic beverages, and shall, in addition thereto, procure from the alcoholic beverage commission a special permit in such form as may be prescribed by the commission, which application, among other things, shall state the name and location of the post exchange, ship's service store, mess, club, commissary, or other agency to which the delivery will be made, the route over which such shipment will be hauled, and the amount to be transported according to the separate containers making up such shipment.
3. Before any common carrier shall transport alcoholic beverages within, into or through this state for delivery to a post exchange, ship's service store, mess, commissary, club or other agency under the jurisdiction of the department of defense, notice of such shipment shall be given to the alcoholic beverage commission, which notice shall include, among other things, the name and location of the consignee, the route over which such shipment will be transported, and the amount to be transported according to the separate containers making up such shipment.
4. It is herein declared to be the legislative intent to permit the sale of alcoholic beverages to post exchanges and similar agencies under the jurisdiction of the department of defense on military or naval reservations and posts within the boundaries of this state by wholesalers, manufacturers, and distilleries only upon strict compliance with this section, § 57-3-403 and all other sections applicable to the transportation of alcoholic beverages within, into, or through this state.

Acts 1955, ch. 347, § 1; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 257, § 49; T.C.A., § 57-151.

57-3-111. Appropriation for enforcement of law.

There is appropriated from state license and permit fees a sum sufficient for the salaries, cost, expenses, operation and enforcement of this chapter, subject to an allotment by the commissioner of finance and administration, with the approval of the governor, but in no event shall the allotment made by the commissioner exceed the amount of fees collected under this chapter.

Acts 1939, ch. 49, § 9b, as added by Acts 1949, ch. 284, § 5; C. Supp. 1950, § 6648.14b (Williams, § 6648.12b); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 57-149.

57-3-112. Partial invalidity of law — Operation and effect.

If the referendum election provisions of this chapter, or any part thereof, as contained in §57-3-106 or elsewhere, be held unconstitutional, or invalid, void, or ineffective, for any reason, in whole or in part, this chapter must fail as such provisions shall not be severable, and no part of this chapter would have been passed without such provisions being contained therein as valid provisions.

Acts 1939, ch. 49, § 18; C. Supp. 1950, § 6648.23 (Williams, § 6648.21); modified; T.C.A. (orig. ed.), § 57-150.

Part 2 Licenses and Fees

57-4-101. Premises on which certain sales and consumption authorized.

1. It is lawful to sell wine and other alcoholic beverages as defined in § 57-4-102, and beer as defined in § 57-6-102, to be consumed on the premises of, or within the boundaries of, any:
   1. Hotel, commercial passenger boat company, paddlewheel steamboat company, restaurant, commercial airlines, or passenger trains meeting the requirements hereinafter set out, within the boundaries of the political subdivisions, wherein such is authorized under § 57-4-103;
   2. Premier type tourist resort or club as defined in § 57-4-102, to guests of such resort and to members and guests of such clubs, subject to the further provisions of this chapter other than § 57-4-103;
   3. Convention center as defined in § 57-4-102, to those in attendance at the convention center, subject to the further provisions of this chapter other than §§ 57-3-210(b)(1) and 57-4-103;
   4. Historic performing arts center as defined in 57-4-102, to those in attendance at the performing arts center, subject to the further provisions of this chapter other than § 57-4-103;
   5. Historic interpretive center as defined in § 57-4-102, to those in attendance at such interpretive center, subject to the further provisions of this chapter other than §§ 57-4-103 and 57-3-210(b)(1);
   6. Community theater as defined in § 57-4-102, to those in attendance at such community theater, subject to the further provisions of this chapter other than § 57-4-103;
   7. Historic mansion house site as defined in § 57-4-102, subject to the further provisions of this chapter other than § 57-4-103;
   8. Terminal building of a commercial air carrier airport as defined in § 57-4-102, subject both to the further provisions of this chapter other than § 57-4-103, and to the approval of a majority of the governing board of such commercial air carrier airport;
   9. 1. Zoological institution as defined in § 57-4-102, to those in attendance at the zoological institution, subject to the further provisions of this chapter other than § 57-4-103. No such wine, alcoholic beverages or beer shall be served during the regular operating hours where the institution is open to the general public unless a special event is scheduled for fund-raising purposes which is by invitation or for which an admission is charged for such event;
      2. Notwithstanding subdivision (a)(9)(A), zoological institution as defined in § 57-4-102(41)(A), (B), and (D), to those in attendance at the zoological institution, subject to the further provisions of this chapter other than § 57-4-103;
   10. Museum as defined in § 57-4-102, to those in attendance at the museum, subject to the further provisions of this chapter other than § 57-4-103. No alcoholic beverage or beer shall be served during the regular operating hours when the museum is open to the general public except at a restaurant located on the premises of such museum or at a special event scheduled for fund-raising purposes when such event is either by invitation or admission is charged;
   11. Commercial airline travel club as defined in § 57-4-102, located within a terminal building of a commercial air carrier airport as defined in § 57-4-102, subject both to the further provisions of this chapter, other than § 57-4-103, and to the approval of a majority of the governing board of such commercial air carrier airport;
   12. Public aquarium as defined in § 57-4-102, to those in attendance at the public aquarium subject to this chapter;
   13. Aquarium exhibition facility as defined in § 57-4-102, to those in attendance at such facility subject to the provisions of this chapter. Such alcoholic beverages, wine and beer shall only be sold on such premises at special functions, wherein attendance is limited to invited guests or groups, the function is not open to the general public, and the area in which the function is held is not open to the general public during such function;
   14. Caterer licensed under this chapter as well as at such other sites as the licensed caterer has given advanced notice to the commission. Such sites shall be considered to be within the licensed premises for the purposes of this chapter;
   15. Sports authority facility as defined in § 57-4-102, to those in attendance at such sports authority facility, subject to the further provisions of this chapter. A sports authority facility as defined in § 57-4-102(34)(A) constitutes an urban park center for the purposes of the taxes provided in § 57-4-301;
   16. Theater as defined in § 57-4-102, to those in attendance at such theater, subject to the further provisions of this chapter;
   17. Retirement center as defined in § 57-4-102;
   18. Tennessee River resort district as defined in § 57-4-102, subject to the further provisions of this chapter other than § 57-4-103;
   19. Civic arts center as defined in § 57-4-102, to those in attendance at the civic arts center, subject to the further provisions of this chapter other than § 57-4-103;
   20. Limited service restaurant as defined in § 57-4-102, wherein such is authorized under § 57-4-103; and
   21. Festival operator as defined in § 57-4-102, to those in attendance at a festival, subject to the further provisions of this chapter, and except as otherwise provided in § 57-4-102.
2. It is lawful to sell wine and other alcoholic beverages as defined in § 57-4-102, to be consumed on the premises of any:
   1. Permanently constructed facility within an urban park center as defined in § 57-4-102, to those in attendance at the urban park center, subject to the further provisions of this chapter other than §§ 57-4-103 and 57-3-210(b)(1);
   2. Any motor speedway as defined in § 57-4-102, to the patrons and guests of such motor speedway, subject to the further provisions of this chapter other than § 57-4-103. The phrase “premises of any motor speedway” includes any permanent or temporary structure erected on the motor speedway site as defined in § 57-4-102(23)(A); and
   3. Country club located on an historic property, as defined in § 57-4-102, to the patrons and guests of such country club, subject to the further provisions of this chapter other than § 57-4-103.
3. It is lawful to sell wine, as defined in § 57-4-102, to be consumed on the premises of any:
   1. Restaurant located within the boundaries of any political subdivision which has authorized the sale of alcoholic beverages for consumption on the premises as provided in § 57-4-103, subject to the further provisions of this chapter. Notwithstanding the minimum seating requirement for a restaurant in § 57-4-102, a restaurant operating under this subsection (c) shall have a seating capacity of at least forty (40) people at tables, except in central business improvement districts located in counties having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census where such restaurants shall have a seating capacity of at least twenty-four (24) people; and
   2. Bed and breakfast establishment as defined in § 57-4-102, to the guests of the bed and breakfast establishment, subject to the further provisions of this chapter other than § 57-4-103.
4. It is lawful to serve wine and other alcoholic beverages as defined in § 57-3-101, and beer as defined in § 57-6-102, to be consumed on the premises of any club as defined in § 57-4-102(8)(G), to the guests of the club, subject to the further provisions of this chapter other than § 57-4-103; provided, that such club is located in a county having a population of not less than one hundred three thousand one hundred (103,100) nor more than one hundred three thousand four hundred (103,400), according to the 1990 federal census or any subsequent federal census, and in a municipality which lies within two (2) contiguous counties.
5. It is lawful to serve wine as defined in § 57-3-101, and beer as defined in § 57-6-102, to be consumed on the premises of any restaurant as defined in § 57-4-102(30)(F), located in the unincorporated areas of any county having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475), according to the 1990 federal census or any subsequent federal census, subject to the further provisions of this chapter other than § 57-4-103.
6. It is lawful to serve wine as defined in § 57-3-101, to be consumed on the premises of any historic inn as defined in § 57-4-102, to the patrons and guests of the historic inn, subject to the further provisions of this chapter other than § 57-4-103.
7. It is lawful for a charitable, nonprofit or political organization possessing a special occasion license pursuant to § 57-4-102 to serve or sell wine and other alcoholic beverages as defined in § 57-4-102, and beer as defined in § 57-6-102, to be consumed on the designated premises, or sold or donated in sealed containers for off-premises consumption within the boundaries of a political subdivision wherein the sale of alcoholic beverages at retail has been approved pursuant to § 57-3-106 or wherein the sale of alcoholic beverages for consumption has been approved pursuant to § 57-4-103. A special occasion license may also be issued for an event within the unincorporated portion of a county if at least one (1) municipality in such county has approved the sale of alcoholic beverages at retail pursuant to § 57-3-106 or the sale of alcoholic beverages for consumption pursuant to § 57-4-103.
8. Any hotel or motel licensed under this chapter may dispense sealed alcoholic beverages and beer to adult guests through locked, in-room units. Distilled spirits so dispensed shall be in bottles not exceeding fifty milliliters (50 ml.). No person under the age of twenty-one (21) shall be issued or supplied with a key by any hotel or motel for such units. Such units may only be located in any such hotel or motel if the voters of such municipality have approved the consumption of alcoholic beverages on the premises by referendum, and in any county in which such municipalities are located if the voters of such county have approved the consumption of alcoholic beverages on the premises by referendum.
9. A restaurant or hotel licensed under this chapter may seek an additional license permitting the restaurant or hotel to distribute and sell wine, beer and other alcoholic beverages at locations other than the licensed premises if the restaurant or hotel is providing catering services, if such location is within a jurisdiction where such sales are authorized. A caterer licensed under this chapter may distribute and sell wine, beer and other alcoholic beverages at locations other than the permanent catering hall if the caterer is providing catering services at a location that is within a jurisdiction where such sales are authorized.
10. It is lawful to serve wine as defined in § 57-4-102 within a special historic district as defined in § 57-4-102 on Fridays and Saturdays. Such establishments serving wine within the special historic district shall not be required to obtain a special occasion license pursuant to § 57-4-102 or be required to obtain server permits pursuant to chapter 3, part 7 of this title. This section shall not apply to any restaurant or bar located within the special historic district.
11. It is lawful to serve wine, as defined in § 57-3-101, to be consumed on the premises of any restaurant, as defined in § 57-4-102(30)(G), located in any county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census, subject to the further provisions of this chapter other than § 57-4-103.
12. It is lawful to serve wine as defined in § 57-3-101, to be consumed on the premises of any restaurant as defined in § 57-4-102(30)(I), located in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census, subject to the further provisions of this chapter other than § 57-4-103.
13. A premier type tourist resort, as defined in § 57-4-102(27)(EEE), licensed pursuant to this part, shall be allowed to sell beer, as defined in § 57-5-101(b), to its patrons or guests, for either on-premises or off-premises consumption provided such premier type tourist resort, as defined in § 57-4-102(27)(EEE), obtains a permit, pursuant to chapter 5 of this title, issued by the county or city where such premier type tourist resort is located.
14. A licensee who qualifies for a restaurant license, limited service restaurant license, or hotel license may also serve alcoholic beverages in any area of the premises designated on the application that is used for the purpose of entertainment activities. Entertainment activities may include, but are not limited to, bowling, billiards, games, auditoriums, darts, or golf driving ranges. Any area used for entertainment activities shall have table service or be within close observation distance from the service area of the facility as determined by the commission.
15. It is lawful to furnish, dispense, or give away alcoholic beverages and beer without a license or permit issued by the commission at a private party or private event.
16. An entity licensed or applying for a license under subsection (a), or a manufacturer exercising the rights granted to it under § 57-3-202(i)(1), may include in the entity's designation of its premises any contiguous area owned or controlled by the entity for purposes of on-premises consumption of alcoholic beverages and beer. If the contiguous area used for on-premises consumption is unenclosed, the entity shall make reasonable efforts to ensure that a customer cannot leave the premises with an alcoholic beverage or beer purchased on the premises by using barriers to prevent the ingress and egress of customers to and from the premises. If more than one (1) entity licensed under subsection (a) or § 57-3-202 operates within the same building or facility, the designations of premises under this subsection (p) may overlap; provided, that each entity serves alcoholic beverages and beer in a glass or cup identifying the entity selling the alcoholic beverages or beer for on-premises consumption.

Acts 1939, ch. 49, § 3; C. Supp. 1950, §§ 6648.4 (Williams, § 6648.6); T.C.A. (orig. ed.), § 57-106; Acts 1967, ch. 211, § 1; 1972, ch. 682, § 1; 1972, ch. 756, §§ 1, 2; 1975, ch. 111, §§ 1, 2; 1979, ch. 401, § 1; T.C.A., § 57-152; Acts 1980, ch. 898, § 1; 1981, ch. 404, § 1; 1981, ch. 475, § 1; 1983, ch. 52, § 1; 1983, ch. 229, § 6; 1983, ch. 300, § 2; 1983, ch. 469, § 1; 1984, ch. 975, § 1; 1985, ch. 190, § 1; 1986, ch. 899, §§ 1, 2; 1987, ch. 444, §§ 1, 2; 1989, ch. 145, § 1; 1990, ch. 919, § 1; 1991, ch. 219, § 1; 1992, ch. 674, § 1; 1992, ch. 982, § 1; 1995, ch. 306, § 1; 1996, ch. 749, § 1; 1998, ch. 795, §§ 1, 5; 1998, ch. 939, § 1; 1999, ch. 314, § 3; 1999, ch. 525, § 1; 2000, ch. 657, § 1; 2001, ch. 64, § 1; 2001, ch. 74, § 2; 2001, ch. 84, § 2; 2001, ch. 371, § 1; 2001, ch. 383, §§ 1, 4; 2002, ch. 647, § 2; 2004, ch. 544, § 2; 2004, ch. 857, § 2; 2005, ch. 212, §§ 3, 4; 2005, ch. 253, § 1; 2006, ch. 602, § 1; 2008, ch. 634, § 1; 2010, ch. 647, § 2; 2010, ch. 927, § 1; 2010, ch. 1133, § 1; 2011, ch. 447, § 2; 2014, ch. 907, § 2; 2014, ch. 1001, § 11; 2015, ch. 336, § 1; 2015, ch. 367, § 1; 2015, ch. 391, § 4; 2016, ch. 874, § 2; 2017, ch. 142, § 2; 2017, ch. 147, §§ 7, 8; 2018, ch. 755, §§ 1, 3; 2019, ch. 300, § 1; 2019, ch. 435, § 4; 2020, ch. 778, § 1.

Compiler's Notes. Acts 1989, ch. 145, § 3 provided that the alcoholic beverage commission is authorized to promulgate any rules which may be necessary to implement the provisions of this section.

For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2005, ch. 212, § 6 provided that:

“(a) The commissioner of revenue shall promulgate rules and regulations to effectuate the provisions of this act.

“(b) The commissioner of economic and community development shall promulgate rules and regulations to effectuate the provisions of this act.

“(c) The executive director of the alcoholic beverage commission shall promulgate rules and regulations to effectuate the provisions of this act.

“(d) All such rules and regulation shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.”

Acts 2018, ch. 755, which amended this section, contained two act sections 4. One of which amended §57-4-102, and the other was the effective date provision.

Amendments. The 2018 amendment added (a)(21) and (p).

The 2019 amendment by ch. 300 added (a)(9)(B).

The 2019 amendment by ch. 435, in (p), inserted “, or a manufacturer exercising the rights granted to it under §57-3-202(i)(1),” in the first sentence, and inserted “or §57-3-202” in the second sentence.

The 2020 amendment substituted “§ 57-4- 102(41)(A), (B), and (D),” for “§57-4-102(41)(B) and (D),” in (a)(9)(B).

Effective Dates. Acts 2018, ch. 755, § 4. April 18, 2018.

Acts 2019, ch. 300, § 2. May 8, 2019.

Acts 2019, ch. 435, § 6. May 22, 2019.

Acts 2020, ch. 778, § 2. July 15, 2020.

Cross-References. Certain 1987 amendments to section inapplicable to certain counties, §57-4-104.

Hotels and motels, §57-5-107.

Nonresident seller's permittees prohibited from interest in business licensed under this section, §57-3-604.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, § 10.

Attorney General Opinions. Applicability of local beer permit ordinance to liquor-by-the-drink license holders, OAG 99-098 (4/30/99).

Because sales of liquor by the drink are legal in all of the various establishments and places listed in T.C.A. §57-4-101, so long as they obtain a proper license, a city may not, either by ordinance or referendum, limit sales of liquor by the drink to only some of the establishments and occasions listed in that section, OAG 02-092 (8/28/02).

Implementation of Tennessee River Resort District Act, OAG 05-161 (10/18/05).

A civic center could legally permit alcoholic beverages to be served during private engagements, so long as the service is provided by a restaurant, hotel or licensed caterer who complies with the requirements of T.C.A. §§ 57-4- 101(i) and 57-4-203(i)(3), OAG 06-175 (12/8/06).

Hours for the sale of beer in a municipality located within a Tennessee iver resort district.  OAG 10-92, 2010 Tenn. AG LEXIS 98 (8/17/10).

As a municipal corporation the city of Clarksville cannot obtain a license to sell liquor by the drink at any location or sell alcoholic beverages or beer to either private party lessees and guests or to the general public; no city employee or nonprofit corporation created or controlled by the city may obtain a permit to sell liquor by the drink or obtain a beer permit on behalf of the city.  OAG 14-03, 2014 Tenn. AG LEXIS 5 (1/9/14).

Licensing and taxation of hotels selling alcohol for consumption on the premises. OAG 16-05, 2016 Tenn. AG LEXIS 3 (2/9/2016).

57-4-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Alcoholic beverage” or “beverage” means and includes alcohol, spirits, liquor, wine, and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine or beer as defined in § 57-5-101(b). Notwithstanding any provision to the contrary in this title, “alcoholic beverage” or “beverage” also includes any product containing distilled alcohol capable of being consumed by a human being manufactured or made with distilled alcohol irrespective of alcoholic content, including any infused product;
2. “Aquarium exhibition facility” means an enclosed facility possessing each of the following characteristics:
   1. The facility is owned and operated by a bona fide charitable or nonprofit organization that also owns and operates a “public aquarium” as defined in subdivision (29);
   2. The facility contains a minimum area of ten thousand square feet (10,000 sq. ft.); and
   3. The facility is used for either or both of the following purposes:
      1. The exhibition to the public of artifacts, physical objects, pictures and movies; or
      2. To aid in the education of the public by means of interactive displays or stations, learning laboratories, and classroom areas for instruction in the physical sciences, natural history or other educational disciplines;
3. 1. “Bed and breakfast establishment” has the same meaning as set forth in § 68-14-502(1)(A); provided, that such bed and breakfast establishment is located in a county having a population of not less than fifty-one thousand three hundred fifty (51,350) nor more than fifty-one thousand four hundred fifty (51,450), according to the 1990 federal census or any subsequent federal census and has eleven (11) furnished guest rooms;
   2. “Bed and breakfast establishment” also means an establishment:
      1. Founded in July 1987;
      2. With twelve (12) rooms and five (5) cottages;
      3. Located on approximately fifteen (15) acres;
      4. Operating a full service day spa; and
      5. Located in a county with not less than eighty-nine thousand eight hundred (89,800) and not more than eighty-nine thousand nine hundred (89,900), according to the 2010 or any subsequent federal census;
4. “Bona fide charitable or nonprofit organization” means any corporation which has been recognized as exempt from federal taxes under § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)), or any organization having been in existence for at least two (2) consecutive years which expends at least sixty percent (60%) of its gross revenue exclusively for religious, educational or charitable purposes;
5. “Bona fide political organization” means any political campaign committee as defined in § 2-10-102 or any political party as defined in § 2-13-101;
6. “Caterer” means a business engaged in offering food and beverage service for a fee at various locations, which:
   1. Operates a permanent catering hall on an exclusive basis or restaurant;
   2. Has a complete and adequate commercial kitchen facility; and
   3. Is licensed as a caterer by the Tennessee department of health;
7. “Civic arts center” means a complex that serves as a community center for the arts and further possesses the following characteristics:
   1. Has a performance hall with at least one thousand one hundred (1,100) seats;
   2. Has a flexible theater;
   3. Consists of two (2) buildings and an outdoor plaza between the buildings;
   4. Allows alcoholic beverages to be served when the civic arts center is hosting ticketed events, private functions or is rented to another party hosting an event open to the public; and
   5. Is located in a county having a population of not less than one hundred five thousand eight hundred (105,800) nor more than one hundred five thousand nine hundred (105,900), according to the 2000 federal census or any subsequent federal census;
8. 1. “Club” means a nonprofit association organized and existing under the laws of this state, which has been in existence and operating as a nonprofit association for at least two (2) years prior to the application for a license hereunder, having at least one hundred (100) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member; and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided, that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed by its members at an annual meeting or by its governing body out of the general revenue of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The premises, as provided in § 57-4-101(a)(2) for a club, shall also include the golf course, tennis courts and the area immediately surrounding the swimming pool, if a club offers such amenities. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with the definition above;
   2. “Club” also means an organization composed of members of the Tennessee national guard, air national guard, or other active or reserve military units which operate facilities located on land owned or leased by this state and which are operated exclusively for the pleasure and recreation of such organization's members, dependents and guests and which are generally referred to as “NCO Clubs” or “Officers Clubs.” Such NCO or officers clubs shall be subject to all of the requirements of subdivision (8)(A), except for those requirements relating to having a kitchen, kitchen equipment, and employees;
   3. “Club” also means a nonprofit association organized and existing under the laws of this state which is located in a county having a population of not less than twenty-eight thousand six hundred sixty (28,660) nor more than twenty-eight thousand six hundred ninety (28,690), according to the 1980 federal census or any subsequent federal census. Such club shall be located in a development containing no less than four hundred forty (440) acres and shall be organized and operated exclusively for the pleasure, recreation and other nonprofit purposes of its members and their guests. No part of the net earnings of the association shall inure to the benefit of any shareholder or member. The club shall provide to its members a regulation golf course, tennis courts, and a swimming pool. The club shall own, hire or lease a building or buildings for the reasonable use of its members with suitable kitchen and dining room space and equipment. Such club shall maintain and use a sufficient number of employees for cooking, preparing and serving meals for its members and guests. No member or officer, agent or employee of the club shall be paid, or directly or indirectly receive in the form of salary or other compensation any profits from the sale of alcoholic beverage or malt beverage beyond the amount of such salary as may be fixed by its members at an annual meeting, or by its governing body out of the general revenues of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with this definition;
   4. 1. “Club” also means a for-profit recreational club organized and existing under the laws of this state and which has been in existence and operating for at least two (2) years prior to the application for a license. Such club shall have at least one hundred (100) members regularly paying dues, and shall be organized and operated exclusively for recreation, and providing to its members a regulation golf course and owning, hiring or leasing a building or buildings for the reasonable use of its members, with suitable kitchen and dining room space and equipment, and lodging facilities consisting of not less than ten (10) rooms. Such club shall maintain and use a sufficient number of employees for cooking, preparing and serving meals for its members and guests and providing lodging facilities to its members and guests. Other than the payment of dividends to the shareholders of the club from its net income derived from all of its operations, no member or officer, agent or employee of the club shall be paid, or shall directly or indirectly receive in the form of salary or other compensation, any profits from the sale of alcoholic beverages or malt beverages beyond the amount of such salary as may be fixed by the shareholders of the corporation at an annual meeting by its governing body out of the general revenues of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with this definition. The alcoholic beverage commission shall not issue a license to any for-profit recreational club which restricts membership based on race or religion or sex. In any proceeding concerning a license denial or revocation under this subdivision (8)(D)(i), no quota or numerical percentage shall be used to establish proof of the prohibited discrimination among the club's membership;
      2. Notwithstanding § 57-4-101(a)(2) to the contrary, this subdivision (8)(D) shall not apply in any municipality which has not approved the sale of alcoholic beverages for consumption on the premises pursuant to § 57-4-103;
      3. This subdivision (8)(D) only applies in counties having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census;
   5. 1. “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which has at least two hundred fifty (250) dues-paying members who pay dues of at least one hundred dollars ($100) a year. Such club shall have golf courses containing at least twenty-seven (27) holes, collectively, for the use of its members and guests, and have suitable kitchen and dining facilities. Such club shall serve at least one (1) meal daily, five (5) days a week. Such club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based upon the volume of such beverages sold. Such club shall not discriminate against any patron or potential member on the basis of gender, race, religion or national origin;
      2. This subdivision (8)(E) only applies in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census;
   6. 1. (a)  “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which has at least two hundred twenty-five (225) dues-paying members who pay dues of at least three hundred dollars ($300) a year. Such club shall have a clubhouse with not less than five thousand square feet (5,000 sq. ft.), golf courses containing at least eighteen (18) holes, collectively, for the use of its members and guests, and have suitable kitchen and dining facilities. Such club shall serve at least one (1) meal daily, five (5) days a week. Such club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based upon the volume of such beverages sold. Such club shall not discriminate against any patron or potential member on the basis of gender, race, religion or national origin. It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced in such clubs;
      2. This subdivision (8)(F) only applies in any county having a population of:

      not less than  nor more than

      21,800 22,100

      22,600 23,000

      34,850 35,000

      80,000 83,000

      103,100 103,400

      according to the 1990 federal census or any subsequent federal census;

   7. “Club” also means a clubhouse owned and operated by a for-profit corporation, which is open to the public but has at least one hundred fifty (150) private members and seats at least one hundred (100) persons, that is a planned part of a residential development consisting of no less than two hundred fifty (250) acres and at least one hundred ninety (190) residential units, and such development contains an eighteen-hole golf course under separate ownership; provided, that such club is located in a county having a population of not less than one hundred three thousand one hundred (103,100) nor more than one hundred three thousand four hundred (103,400), according to the 1990 federal census or any subsequent federal census and in a municipality which lies within two (2) contiguous counties;
   8. “Club” also means a facility owned by a for-profit corporation incorporated in Tennessee prior to September 30, 2000, as a private club which does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion or national origin, and further possesses the following characteristics:
      1. Is located within three (3) miles of a municipal golf course owned and operated by a home-rule municipality located in a county having a charter form of government and having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census;
      2. Has, on July 3, 2002, a minimum of three hundred (300) members paying annual dues with a copy of membership applications on file on the premises, and which issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member; and
      3. Has a kitchen and dining area having a minimum seating capacity of seventy-five (75) in a building having at least eighteen hundred square feet (1800 sq. ft.);
   9. 1. “Club” also means a for-profit recreational club organized and existing under the laws of this state which has been in existence and operating for at least two (2) years prior to June 11, 2003, and which is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:

The premises, as provided in §57-4-101(a)(2) for a club, whether such parcels comprising the club premises are contiguous or not, shall also include the golf course, including beverage carts; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities;

1. Has at least one hundred seventy-five (175) members paying annual dues and does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion or national origin;
2. Is organized and operated exclusively for recreation and providing a regulation eighteen-hole golf course for the use of its members and guests, and also offers for the use of its members and guests a swimming pool and tennis facility; and
3. Has a clubhouse with not less than three thousand square feet (3,000 sq. ft.) with suitable kitchen, dining facilities and equipment, serving at least one (1) meal daily, at least five (5) days a week;
4. The club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;
5. The premises, as provided in § 57-4-101(a)(2) for a club, whether such parcels comprising the club premises are contiguous or not, shall also include the golf course, including beverage carts; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities; and
6. Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion, or national origin;
7. Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, color, age, religion, or national origin; and

   not less than  nor more than

   143,900 144,000

   300,000 400,000

   700,000

   according to the 1980 federal census or any subsequent federal census;

8. Any such hotel whose facilities are located on the premises of an area meeting the definition of a hotel under this subdivision (21)(F)(iii) may exercise the privileges authorized under this chapter anywhere within that area, and, in addition, may exercise the privilege authorized under this chapter on any location identified to the commission and held out to the public as part of such hotel property irrespective of the actual owner of the location, where the hotel is authorized by written contract or lease to provide hotel or resort services by the owner of such location; and
9. Notwithstanding this title or any rule to the contrary, a hotel under this subdivision (21)(F)(iii) shall be able to:
   1. Hold a manufacturer's license under § 57-3-202 or a nonmanufacturer nonresident seller's permit under § 57-3-602(c) or both, and such license or permit may be for facilities on or off the hotel premises;
   2. Offer tastings, with or without charge, and sell sealed bottles in a tasting room or a gift shop on the hotel premises of product manufactured pursuant to the license or permit in subdivision (21)(F)(iii)(i )(1 ), as long as such tastings and sealed bottles are offered only to guests of the hotel, as defined in this section, and private owners of homes on the hotel property and are not offered anywhere except in the tasting room and the gift shops;
   3. Sell beer and alcoholic beverages by the drink for on-premises consumption anywhere on the hotel premises, except for the tasting room and the gift shops; and
   4. Only sell at retail or provide samples of product that it has obtained from a wholesaler licensed under § 57-3-203, and such wholesaler shall remit all taxes imposed under §§ 57-3-302 and 57-3-501, which shall be collected from the hotel based upon its retail sales, and § 57-6-201. For products acquired from a wholesaler by a hotel under this subdivision (21)(F)(iii) that are manufactured by the hotel, the wholesaler may permit the hotel to deliver its products to the location on its premises where such retail sales and samples will be effected, provided the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections;
10. A hotel under this subdivision (21)(F)(iii) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
    1. At least thirty (30) rooms for the sleeping accommodations of guests for adequate pay; and
    2. A dining room;
       1. 1. “Hotel” also includes a facility that possesses the following characteristics:
             1. Is located in a building on which construction began prior to 1940;
             2. Is located approximately twenty-two (22) miles south of Interstate 40 on U.S. Highway 412;
             3. Is fronted on the north side by U.S. Highway 412 and is less than one (1) mile from a scenic river as defined in title 11, chapter 13;
             4. Has at least twelve (12) rooms for guest sleeping accommodations;
             5. Has a separate room for conferences or meetings;
             6. Has at least a forty-seat dining area that has been approved by the local health department and that serves meals at least four (4) days a week, with exceptions of closures for private groups or events, seasonal closures, vacations, and periods of general maintenance or remodeling by the owners;
             7. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
             8. Is located in any county having a population of not less than seven thousand nine hundred one (7,901) nor more than eight thousand (8,000), according to the 2010 federal census or any subsequent federal census;
          2. A hotel under this subdivision (21)(I) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
       2. Is a public place which has a seating capacity for at least forty (40) patrons and that is kept, used, maintained, advertised and held out to the public as a place where during regular hours of operation:
          1. Alcoholic beverages, beer or wine are served to patrons;
          2. A menu of prepared food is made available to patrons;
          3. The gross revenue from the sale of prepared food is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages; provided, however, that gross revenue of more than fifty percent (50%) from the sale of prepared food shall not prevent a facility from receiving a “limited service restaurant” license or subject such facility to a fine from the commission for having gross revenue of more than fifty percent (50%) from the sale of prepared food. For purposes of determining the gross revenue from the sale of prepared food, chips, popcorn, pretzels, peanuts and similar snack items shall not be included in gross revenue from the sale of prepared food sold;
          4. The facility affirmatively establishes, to the satisfaction of the commission, that it has complied and will comply with the requirements of § 57-4-204;
          5. The facility provides adequate security during the regular hours of operation; and
          6. Sleeping accommodations are not provided;
       3. Is located within the jurisdictional boundaries of a political subdivision which has authorized the sale of alcoholic beverages for consumption on the premises as provided in § 57-4-103; and
       4. Is located in an area which is properly zoned for facilities authorized to sell alcoholic beverages for consumption on the premises;

          (A)  “Motor speedway” means a motor sports facility that possesses the following characteristics:

          1. Is located in a county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census, and at least one (1) municipality located in such county has adopted liquor by the drink;
          2. Contains a 1.33 mile superspeedway;
          3. Is situated on a site of at least five hundred (500) acres; and
          4. Has a seating capacity of fifty thousand (50,000) with the capability to expand to one hundred fifty thousand (150,000) grandstand seats and one hundred (100) luxury skyboxes;
       5. “Motor speedway” also means a motor sports facility that possesses the following characteristics:
          1. Is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
          2. Contains a three-quarter-mile oval track with a seating capacity of sixteen thousand (16,000) seats; and
          3. Contains a one-quarter-mile drag strip with a seating capacity of fifteen thousand (15,000) seats;
       6. “Museum” also means an “art museum” which is a building or institution serving as a repository of works of art for public display and further possesses the following characteristics:
          1. The art museum is owned and operated by a bona fide charitable or nonprofit organization which has been in existence for at least twenty-five (25) years;
          2. The art museum is located in a building which contains not less than fifty thousand square feet (50,000 sq. ft.); and
          3. The art museum is located in a former world's fair site; and
       7. “Museum” also means a building or institution serving as a repository or exhibition facility for works of art for public display and further possesses the following characteristics:
          1. The museum is owned and operated by a bona fide charitable or nonprofit organization;
          2. The museum is located in a building which contains not less than one hundred thousand square feet (100,000 sq. ft.);
          3. The museum is located in a building that previously served as a United States postal service facility; and
          4. The museum is located in a municipality or county having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
       8. “Museum” also means a building or institution serving as a tribute to soul music and which houses a music academy and further possesses the following characteristics:
          1. The museum and music academy is located on the original site of a recording studio; and
          2. The museum and music academy is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
       9. “Museum” also means an “art museum” which is a building or institution serving as a repository of works of art for public display and further possesses the following characteristics:
          1. The art museum is owned and operated by a bona fide charitable or nonprofit organization;
          2. The museum has been in existence for at least fifty (50) years;
          3. The museum focuses on American art from the colonial period to the present day;
          4. The museum is located in a historical mansion and a sleek contemporary building on the bluffs overlooking the Tennessee River;
          5. The museum does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
          6. The museum is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
       10. “Museum” also means a building or institution dedicated to the public display, preservation, and promotion of fine metalwork and further possesses the following characteristics:
           1. The museum opened to the public in 1979;
           2. The museum is located on at least three (3) acres overlooking the Mississippi River;
           3. The museum features a fully operational blacksmith shop and sand-casting foundry;
           4. The museum is owned and operated by a bona fide charitable or nonprofit organization; and
           5. The museum is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
       11. A commercially operated recreational facility possessing each of the following characteristics:
           1. Ownership and operation by a profit type corporation having a capitalization of not less than ten million dollars ($10,000,000);
           2. Situated in a geographical area wholly controlled by the operator of the facility and having not less than six thousand (6,000) acres of contiguous land, not less than five thousand (5,000) acres of which is to be developed and maintained in accordance with sound ecological and environmental practices, such requirement to be subject at all times to the oversight and approval of the department of environment and conservation, which shall not less often than once a year make a written report thereof to the commission. Satisfactory compliance with this requirement and certification thereof by the department to the commission shall be a condition precedent to the issuance or renewal of the permit provided for in § 57-4-201;
           3. Continuous maintenance of lodging accommodations consisting of not less than two hundred (200) hotel or motel rooms in a building or buildings designed for such purpose;
           4. Continuous maintenance of facilities for the accommodation of conventions of not less than four hundred (400) persons;
           5. Maintenance within the recreational area of at least one (1) of the following types of sporting facilities:
              1. A golf course of at least eighteen (18) holes;
              2. A lake covering not less than one hundred (100) acres adapted for boating and fishing;
              3. A ski slope;
           6. Maintenance, in addition to one (1) or more of the facilities enumerated in subdivision (27)(A)(v), of two (2) or more of the following types of recreational facilities:
              1. Area for camping;
              2. Tennis courts;
              3. Swimming pool;
              4. Trails for hiking and/or horseback riding;
              5. Equestrian center;
           7. A twenty-four-hour per day security force approved as to adequacy by the commission;
       12. A hotel, motel or restaurant located within a municipality having a population of one thousand (1,000) or more persons, according to the federal census of 1970 or any subsequent federal census in which at least fifty percent (50%) of the assessed valuation (as shown by the tax assessment rolls or books of the municipality) of the real estate in the municipality consists of hotels, motels, and tourist courts accommodations, providing the voters of the municipality have heretofore by referendum pursuant to § 57-4-103, approved the sale of alcoholic beverages for consumption on the premises, and such referendum shall be authorized, notwithstanding the population requirements set forth in § 57-3-106. For purposes of implementation of this subdivision (27)(B), the sale of alcoholic beverages shall be limited to hotels, restaurants, and clubs as defined in this section. To ensure proper control and development of the tourist industry of such municipality, any applicant for a license under this subdivision (27)(B) shall first obtain approval from a majority of the legislative body of the municipality, which may adopt rules and regulations governing its procedure and setting forth limitations and restrictions including, but not limited to, the number and location of licensed establishments and requiring approval by the legislative body as to the good moral character of each applicant for a license;
       13. 1. A commercially operated recreational facility containing all of the following characteristics:
              1. Ownership and operation by a profit type corporation or partnership;
              2. Situated in a geographical area controlled by the operator of the facility, having not less than two thousand five hundred (2,500) acres of land;
              3. Continuous maintenance of lodging accommodations consisting of not less than one hundred (100) hotel or motel rooms in a building or buildings designed for such purpose;
              4. The maintenance of a ski slope with necessary lifts or tows for use during skiing season;
              5. Continuous maintenance of restaurant facilities for seating at tables of not less than two hundred (200) persons, with adequate kitchen facilities; and
              6. Located within a municipality with a population of not less than one thousand fifty (1,050) nor more than one thousand seventy-five (1,075), according to the 1980 or any subsequent census;
           2. To ensure proper control and development of the tourist industry of such municipality, any applicant for a license under this subdivision (27)(C) shall first obtain approval from a majority of the legislative body of the municipality, which may adopt rules and regulations governing its procedure and setting forth limitations and restrictions including, but not limited to, the number and location of licensed establishments and requiring approval by the legislative body as to the good moral character of each applicant for a license;
       14. A commercially operated facility possessing each of the following characteristics:
           1. Situated in a geographical area controlled by the operator of the facility, having not less than one hundred seventy-nine (179) acres of land;
           2. A public golf course of at least eighteen (18) holes with a practice green and irrigation system;
           3. Such facility has a club house with at least five thousand square feet (5,000 sq. ft.) that can accommodate up to two hundred fifty (250) guests for events;
           4. Has separate meeting rooms for multiple events;
           5. Has a cart barn on the property that holds no less than sixty (60) golf carts;
           6. Such facility has a maintenance shop with at least seven thousand square feet (7,000 sq. ft.);
           7. Is located inside of:
              1. A black bear habitat community; and
              2. A conservation community;
           8. Surrounded by over one hundred (100) rental cabins;
           9. At least fifty percent (50%) of the property boundaries border a national park;
           10. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
           11. Is located in any county having a population of not less than one hundred twenty-three thousand one (123,001) nor more than one hundred twenty-three thousand one hundred (123,100) according to the 2010 federal census or any subsequent federal census;
       15. A commercially operated recreational facility containing all of the following characteristics:
           1. Ownership and operation by a for-profit corporation or partnership;
           2. Located in a geographic area managed by the operator of the facility, containing a minimum area of one hundred fifty (150) contiguous acres;
           3. Continuous maintenance of lodging accommodations of not less than fifty (50) rooms available for guests, tourists or for business meetings located in a building or buildings designed for accommodations or business meetings;
           4. Maintenance of lakeside marina facilities, a golf course of not less than eighteen (18) holes, and riding trails and stables on the premises;
           5. Located within a municipality with a population of not less than six thousand three hundred seventy-five (6,375) nor more than six thousand four hundred (6,400), according to the 1980 or any subsequent federal census; and
           6. Whose manager shall have been specifically approved by a majority of the legislative body of the municipality in which such licensee is located as being an individual of good moral character;
       16. A facility, whether open to the public or limited to members and guests of the development on which it is located, owned or operated, pursuant to a license by a homeowners or residential association, which facility is kept, used and maintained as a place where meals are served and where meals are actually and regularly served, with adequate and sanitary kitchen facilities and which facility meets all of the following characteristics:
           1. The facility must be located in a county having a population of not less than forty-seven thousand (47,000) nor more than forty-seven thousand five hundred (47,500), according to the 1990 federal census or any subsequent federal census;
           2. The facility must be located on the premises of a planned, gated residential development of at least eighty (80) acres with at least nine thousand (9,000) lineal feet of water frontage on an established and designated navigable waterway; and
           3. The facility must be located within the limits of a development which contains a marina and tennis court facilities;
       17. A club, either for profit or not for profit, which has been in existence for two (2) consecutive years during which time it has maintained a membership of at least three thousand (3,000) members and which maintains club facilities on or adjacent to property offering recreational services available to its members, which services shall include one (1) or more of the following:
           1. Golf course with at least eighteen (18) holes;
           2. Tennis courts;
           3. Marina facilities with a minimum of four hundred (400) slips.

           Any such club whose club facilities are located on the premises of an area meeting the definition of a “premier type tourist resort” under this section may exercise its privileges authorized under this chapter anywhere within such area;

       18. A commercially operated recreational facility, whether open to the public or limited to members and guests of an association or of the development on which it is located, owned and operated by an association or corporation and in connection with an eighteen-hole golf course, which facility is kept, used and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all of the following characteristics:
           1. The facility must be located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand seven hundred sixty (34,760), according to the 1990 federal census or any subsequent federal census;
           2. The facility must be located in a development containing no less than four hundred twenty (420) acres and no more than four hundred fifty (450) acres;
           3. The facility must be located within limits of a development which contains an eighteen-hole golf course;
           4. The facility must have no less than five thousand (5,000) enclosed square feet (5,000 sq. ft.);
           5. The facility must be located no less than one-half (½) mile from the right-of-way of an interstate highway; and
           6. The facility must be located within the limits of a development which contains a lake of not less than twenty-eight (28) acres which is entirely within the limits of the development;
       19. A commercially operated recreational facility possessing each of the following characteristics:
           1. (a)  Ownership and development by a for profit corporation;
              1. (i)  (a)  Ownership and development by a for profit corporation;
              2. Situated in a geographic area controlled by such entity and having not less than twenty-five (25) contiguous acres of land which is divided by a four-lane highway;
              3. Designed to contain picnic facilities, museum buildings, retail sales areas, retail food dispensing outlets, and restaurant areas;
              4. Maintenance of a limited access area containing a former residence, a swimming pool, a handball court, and stables where no pedestrian access is allowed and all guests entering must be carried by a motor vehicle; and
              5. Location within a county having a population of not less than seven hundred seventy thousand (770,000), according to the 1990 federal census or any subsequent federal census;
           2. “Premier type tourist resort,” as defined in this subdivision (27)(I), shall be authorized to sell or serve alcoholic beverages on the premises of such resort only at special functions, wherein attendance is limited to invited guests or groups and not to the general public;
       20. An entity operating a commercial golf related recreational facility, whether open to the public or limited to members and guests of an association or owners and guests of a development upon or adjacent to which the facility is located, which entity or facility meets all of the following criteria:
           1. The facility is located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand eight hundred (34,800), according to the 1990 federal census or any subsequent federal census;
           2. The facility is operated in conjunction with an eighteen (18) hole golf course;
           3. The facility is kept, used and maintained as a place where meals are actually and regularly served with such adequate and sanitary kitchen facilities as might be needed to meet the reasonable requirements of its patrons, members, or guests;
           4. The entity does not discriminate or limit the use of the facilities solely on the basis of race, creed, sex, or national origin, and has provided to the commission a written certification of its policy;
           5. Such facility has enclosed clubhouse space of at least five thousand square feet (5,000 sq. ft.);
           6. Such facility is located no less than seven (7) miles and no more than eight (8) miles from an interchange of an interstate highway; and
           7. Such facility is located on a geographic area, owned or operated by the entity, which area contains not less than one hundred fifty-five (155) acres nor more than one hundred seventy (170) acres;
       21. A commercially operated recreational facility whether open to the public or limited to members and guests of an association or of the development on which it is located, owned and operated by an association or corporation and in connection with an eighteen-hole golf course, which facility is regularly kept, used and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all the following characteristics:
           1. The facility must be located in or adjacent to a real estate development containing no less than one thousand one hundred (1,100) acres and no more than two thousand (2,000) acres;
           2. The facility must have no less than nine thousand (9,000) enclosed square feet;
           3. The facility must be located within the limits of a development which is contiguous to a water reservoir operated and maintained by the United States army corps of engineers during 1998 or any subsequent years; and
           4. Maintenance within the recreational area of the following types of recreational facilities:
              1. Golf course of at least eighteen (18) holes;
              2. Swimming pool;
              3. Tennis court; and
              4. Walking trails;
       22. A resort containing all of the following characteristics:
           1. Has a restaurant, with a current overall seating capacity of two hundred eighty (280), including outside dining service, and which serves over seventy-five thousand (75,000) patrons per year;
           2. Is located immediately adjacent to the Cherokee National Forest, the only national forest in Tennessee and the Cherohala Skyway, one of only twenty (20) highways in the country designated as a national scenic byway;
           3. Is located along the scenic Tellico River, a tributary of the Little Tennessee River;
           4. Currently operates nine (9) cabins, a river walk, and an open-air chapel and pavilion;
           5. After a proposed expansion will include at least thirty (30) cottages, a full-service health and wellness spa, a championship golf course, racquet club, adventure club for canoeing, kayaking, hiking, biking and other outdoor activities, an equestrian club, conference facilities, a hunt and fish club, crafts and education, and history tours; and
           6. Is located within a county having a population of not less than thirty-eight thousand nine hundred (38,900) nor greater than thirty-nine thousand (39,000), according to the 2000 federal census or any subsequent federal census;
       23. A commercially or privately operated recreational facility containing all of the following characteristics:
           1. The facility is located within a platted housing subdivision of not less than four hundred (400) acres nor greater than five hundred twenty-five (525) acres;
           2. The facility is located on or adjacent to an eighteen-hole golf course located within the development;
           3. The facility is located within a development that operates a recreational swimming pool of at least sixty thousand gallons (60,000 gals.);
           4. The facility operates and maintains tennis courts for use by homeowners, visitors, tourists, or guests;
           5. The facility operates a clubhouse for the use of homeowners, visitors, tourists, or guests of at least five thousand total square feet (5,000 sq. ft.) and the clubhouse houses a restaurant with seating at tables for at least forty (40) people and such restaurant has adequate kitchen facilities;
           6. The facility is located within a county with a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census; and
           7. The facility shall have been providing some or all of the described recreational services for a continuous period of at least four (4) years at the time of licensing;
       24. A commercially operated recreational facility, located adjacent to a navigational river which contains all of the following characteristics:
           1. Such facility has direct access to a navigable waterway;
           2. Such facility contains a minimum of two hundred (200) slips for boats;
           3. Such facility provides boat fuel, boat rental and repair;
           4. Such facility is located upon or adjacent to a public park or preserve, which park is at least one hundred (100) acres in size, and which park contains a swimming pool, tennis courts and at least a nine (9) hole golf course; and
           5. Such facility is located within a county with a population of at least three hundred eighty thousand (380,000), according to the 2000 federal census or any subsequent federal census;
       25. An entity granted a franchise for the operation of a restaurant or food and beverage services on the premises of the premier type tourist resort, and for such purposes a premier type tourist resort shall have the privilege of granting such franchises;
       26. A commercially operated facility which contains all of the following characteristics:
           1. Such facility was licensed as a health club on December 31, 2015;
           2. Such facility only allows members and their invited guests;
           3. Such facility has two (2) swimming pools with one pool having at least fifteen thousand square feet (15,000 sq. ft.) of water surface;
           4. Such facility provides volleyball courts, a basketball court and a recreation area with food service;
           5. Such facility is located within fifteen (15) miles of an airport;
           6. Such facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           7. Such facility is located within a county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eight-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census;
       27. A commercially operated facility which contains all of the following characteristics:
           1. Such facility is located no more than three and one-half (3 ½) miles from the right of way of Interstate 40 and fronting on State Highway 92 and has a minimum of eight (8) acres of lake front property with a minimum of five thousand eight hundred feet (5,800') of shore line;
           2. Such facility has at least eighty (80) boat slips and forty-eight (48) dry slips, a boat launching ramp, a full service restaurant seating at least one hundred seventy-five (175) people inside with outside patio dining, a ships store offering boat supplies and gasoline, and an outdoor pavilion;
           3. Such facility provides accommodations consisting of at least twenty (20) lakeside hotel/motel units in a building or buildings designed for such purposes;
           4. Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census; and
           5. Such facility shall also include any commercial boat for charter that departs from any such facility if the boat is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel and has adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state;
       28. A commercially operated facility which at a minimum contains all of the following characteristics:
           1. Such facility is located within one (1) mile of the right-of-way of Interstate 40 and in an area zoned by the municipality as B-3; and
           2. Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census;
       29. A commercially operated facility which contains all of the following characteristics:
           1. Such facility is located no more than one-half (½) mile from the right of way of Interstate 75 and accessible to State Highway 68;
           2. Such facility has at least nine thousand square feet (9,000 sq. ft.) of conference space;
           3. Such facility provides accommodations consisting of at least one hundred twenty-five (125) hotel or motel rooms in a building or buildings designed for such purposes;
           4. Such facility provides recreational facilities including an indoor swimming pool;
           5. Such facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           6. Such facility is located within a county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000), according to the 2000 federal census or any subsequent federal census;
       30. A nine-hundred-sixty-acre peninsula gated community located on a lake with ten (10) miles of shoreline, and which facility contains all of the following characteristics:
           1. Has an eighteen-hole golf course and tennis courts;
           2. Has a club house, restaurant, lounge, fitness center, and swimming pool;
           3. Maintains a community garden, community and neighborhood docks and a boat ramp;
           4. Has an equestrian facility with extensive riding trails;
           5. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           6. Is located in two (2) counties one (1) county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000) and the other county having a population of not less than thirty-nine thousand fifty (39,050), nor more than thirty-nine thousand one hundred fifty (39,150), both according to the 2000 federal census or any subsequent federal census;
       31. A facility which contains all the following characteristics:
           1. Has resort lodge condominiums, homes and vacation cottages;
           2. Has an eighteen hole golf course and tennis courts with a pro shop;
           3. Has a swimming pool;
           4. Has rock climbing, hiking and biking trails;
           5. Has a full service spa;
           6. Has banquet and dining services and a business service center;
           7. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           8. Is located in a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
       32. It is lawful for any establishment located in a premier type tourist resort as defined in § 67-6-103(a)(3)(B)(iii) which is licensed to serve beer to also serve wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
       33. It is lawful for any establishment located in a municipality which:
           1. Has an approved Tourist Development Zone as set forth in title 7, chapter 88;
           2. Has a AA minor league baseball team; and
           3. Is located in a county with an amusement park, a ski resort, and a national park,

           which is licensed to serve beer to also serve wine to be consumed on the premises, subject to the further provisions of this chapter other than §57-4-103;

       34. A commercially operated recreational facility, located adjacent to a navigable river, that has all of the following characteristics:
           1. Contains at least one hundred (100) boating slips available for lease, rental, or use by guests;
           2. Has one (1) or more restaurant facilities with a combined seating capacity of at least two hundred (200);
           3. Has a lodge with at least fifteen (15) units available for transient lodging; and
           4. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
       35. A commercially operated facility that has all of the following characteristics:
           1. Is located no more than six (6) miles from Interstate 40 at exit 427, and on both sides of a county highway known as Harrison Ferry Road. The facility contains a minimum of one hundred forty-three (143) acres, and includes a minimum of twenty-two (22) acres of land zoned commercial for future development at the corner of Back Nine Drive and Mountain View Lane;
           2. Has an eighteen-hole golf course, two (2) practice putting greens, a practice chipping green and a practice area for golf instruction. The facility also contains a large swimming pool, a boat ramp into Douglas Lake, and two (2) tennis courts;
           3. Has a clubhouse with a fully-equipped pro shop, a full-service restaurant seating at least one hundred fifty (150) persons inside, with an outside patio that seats at least seventy (70) persons;
           4. Provides accommodations, consisting of at least twelve (12) hotel/motel units and at least nine (9) villa units; and
           5. Is located within an incorporated municipality having a population of less than five hundred (500), according to the 2000 federal census or any subsequent federal census, within a county having a population of not less than forty-four thousand two hundred (44,200) nor more than forty-four thousand three hundred (44,300), according to the 2000 federal census or any subsequent federal census; and
           6. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
       36. An inn that has all of the following characteristics:
           1. Contains at least twelve (12) transient guest rooms in the main house;
           2. Has a separate meeting lodge and facility that also houses at least four (4) new French country transient suites;
           3. Has at least two (2) kitchens on the premises and offers at least two (2) meals daily;
           4. Has an open-air, outdoor, sylvan chapel suitable for the accommodation of wedding ceremonies;
           5. Provides entertainment in the form of cooking demonstrations, storytelling and dulcimer playing;
           6. Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
           7. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
       37. A commercially operated facility that has all of the following characteristics:
           1. Is a full service colonial mansion located on an eighty-one-acre estate;
           2. Contains no fewer than eight (8) transient rooms and seventeen (17) bathrooms;
           3. Contains a dining room with capacity for fifty (50) persons that serves at least two (2) meals daily;
           4. Has a heated swimming pool, a fitness center, a sauna, a tennis court and a billiard room;
           5. Has a system of hiking and walking trails;
           6. Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
           7. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
       38. A facility that has nine (9) acres of shoreline development on Watts Bar Lake and that has all of the following characteristics:
           1. Has one- to three-bedroom cottages;
           2. Has a marina with two hundred fifty (250) slips, both wet and dry;
           3. Has a restaurant and lounge;
           4. Has a swimming pool;
           5. Has rental boats;
           6. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           7. Is located in a county having a population of not less than twenty-eight thousand three hundred fifty (28,350) nor more than twenty-eight thousand four hundred fifty (28,450), according to the 2000 federal census or any subsequent federal census;
       39. A development that has all the following characteristics:
           1. Has a well established marina with boat rentals, gasoline, guide services, etc., and a resort operating for more than fifty (50) years;
           2. Includes more than two hundred (200) acres on Watts Bar Lake;
           3. Has forty (40) cottages rented on a daily or weekly basis;
           4. Has a restaurant;
           5. Has walking and nature trails;
           6. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           7. Is located in a county having a population of not less than twenty-eight thousand three hundred fifty (28,350) nor more than twenty-eight thousand four hundred fifty (28,450), according to the 2000 federal census or any subsequent federal census;
       40. Any facility located in a municipality that has a civil war battlefield:
           1. Of which more than one thousand four hundred (1,400) acres have been designated in the National Register of Historic Places;
           2. For which a management contract has been entered into between the municipality and the Tennessee historical commission;
           3. Which has a self-guided driving tour;
           4. For which long-range plans include walking trails, interpretive signs and a visitor's center with a museum;
           5. At which, every two (2) years, a living history and reenactment of the battle fought in December, 1862 is presented;
           6. That is famous for the southern general's order to his troops to “Charge them both ways”; and
           7. Is located in a county having a population of not less than twenty-five thousand four hundred fifty (25,450) nor more than twenty-five thousand five hundred fifty (25,550), according to the 2000 federal census or any subsequent federal census;
       41. A facility that has at least fourteen (14) acres located on a lake of at least eight thousand (8,000) acres and that has the following characteristics:
           1. Contains at least three hundred and fifty (350) boat slips;
           2. Contains a dry storage facility;
           3. Provides boat rentals;
           4. Contains a marine store;
           5. Contains a full service restaurant with seating for at least one hundred fifty (150) people, as well as a private banquet facility;
           6. Has motel rooms and cabins for rent;
           7. Contains a swimming pool;
           8. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           9. Is located in a county having a population of not less than fifty-six thousand seven hundred (56,700) nor more than fifty-six thousand eight hundred (56,800), according to the 2000 federal census or any subsequent federal census;
       42. A facility that has three hundred eighty-five (385) acres of development on J. Percy Priest Lake and that has all the following characteristics:
           1. Has a water park;
           2. Has a marina with more than three hundred twenty (320) slips;
           3. Has a recreational vehicle (RV) campground;
           4. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           5. Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
       43. A development that has all of the following characteristics:
           1. Has a well established marina with boat slip rentals, gasoline, etc.;
           2. Includes three hundred eighty-five (385) acres on J. Percy Priest Lake;
           3. Has a water park;
           4. Has a recreational vehicle (RV) campground;
           5. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           6. Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
       44. A fully staffed overnight accommodations facility that:
           1. Is open twenty-four (24) hours a day, located on thirty-four (34) acres of land, that offers at least one (1) meal per day, along with hiking, a fitness facility, an event lawn, and a retail store;
           2. Has twenty (20) one- and two-bedroom cabins that have kitchens or kitchenettes, wood-burning fireplaces, hot tubs, and high-speed internet access;
           3. Has a one thousand five hundred square foot (1,500 sq. ft.) meeting facility with a capacity of up to one hundred twenty-five (125) persons, and a restaurant with a capacity of up to eighty-five (85) persons, both of which have high-speed internet access; and
           4. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
       45. A commercially operated facility containing all of the following characteristics:
           1. The facility has a marina with approximately one hundred sixty-six (166) wet slips and approximately one hundred thirty-three (133) dry storage units;
           2. The facility is located within a lake-resort, gated residential development of at least one thousand two hundred (1,200) acres having in excess of four hundred fifty (450) single family homes and condominium units;
           3. The facility is located on a lake that has over eight hundred thirty-four (834) miles of shore line;
           4. The facility will have a restaurant with a seating capacity of at least fifty (50) people, serving at least two (2) meals a day;
           5. The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           6. The facility is located within a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty-nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
       46. 1. A commercially-operated facility containing all of the following characteristics:
              1. The facility has on its premises a marina that has at least two hundred fifty (250) covered or uncovered wet slips and at least seventy-five (75) dry rack slips;
              2. The facility has on its premises property leased or available for lease to a boating, yachting or water-based recreational club;
              3. The facility has on its premises a restaurant, providing food service to the public or for private events, with seating in the restaurant for at least fifty (50) persons at tables, whether or not the seating is inside or on a deck or patio adjacent to the restaurant;
              4. The facility has the capacity to serve as a home berth location for a commercial vessel for hire or for public cruises of at least seventy-five feet (75') in length;
           2. When used in this subdivision (27)(JJ), the “facility” under subdivision (27)(JJ)(i) shall include any location within the property designated by the licensee;
           3. A facility under this subdivision (27)(JJ) shall also include any passenger sternwheel paddleboat, licensed by the United States coast guard, with rated passenger capacity of not less than one hundred (100) passengers and which paddleboat shall be at least seventy-five feet (75') in length, which may use the marina facilities as described in subdivision (27)(JJ)(i) for its home or principal secondary port dock. The authority conferred under this subdivision (27)(JJ)(iii), authorizing the sale or distribution of alcoholic beverages, including beer, on any qualified sternwheel paddleboat shall extend only so long as the paddleboat is located at the marina facility described in subdivision (27)(JJ)(i) or is within one hundred (100) miles of the marina facility;
           4. For purposes of obtaining a license under this subdivision (27)(JJ), the commission shall be authorized to issue a license solely to the owner or operator of a sternwheel paddleboat, meeting the qualifications of subdivision (27)(JJ)(iii), whether or not the facility described in subdivision (27)(JJ)(i) receives a license under this chapter;
       47. A commercially operated restaurant located within a county having a population of not less than thirty-nine thousand seven hundred fifty (39,750) nor more than forty thousand (40,000) and also located within the corporate limits of a municipality having a population of not less than seven thousand seven hundred fifty (7,750) nor more than eight thousand (8,000), according to the 2000 federal census or any subsequent federal census, and in addition to satisfying the requirements of subdivision (30)(A), also meets the following additional requirements:
           1. The facility is in a structure of not less than six thousand square feet (6,000 sq. ft.);
           2. The facility has seating at tables, for at least two hundred (200) persons; and
           3. The facility serves at least two (2) meals a day, five (5) days a week, with the exception of holidays, vacations and periods of redecorating;
       48. A commercially operated recreational facility containing all of the following characteristics:
           1. Owning and operating one (1) or more golf courses, that include practice putting greens, chipping greens and a driving range;
           2. Operating a clubhouse facility, of at least eight thousand square feet (8,000 sq. ft.), containing a commercial quality kitchen and seating for at least one hundred (100) persons at tables;
           3. Operating a private clubhouse of at least five thousand square feet (5,000 sq. ft.), with seating at tables for at least eighty (80) persons, and which private clubhouse contains a full service kitchen;
           4. Located on a minimum of one hundred thirty-seven (137) acres; and
           5. Located within a county through which a major interstate passes, supports a Tennessee board of regents university of approximately nine thousand three hundred (9,300) students for the 2006 academic year and whose sports teams are nicknamed the golden eagles;
       49. A facility operated either commercially or on a nonprofit basis as a club containing all of the following characteristics:
           1. A clubhouse having not less than approximately five thousand eight hundred square feet (5,800 sq. ft.);
           2. An eighteen-hole golf course for use by its members and their guests;
           3. A restaurant with a suitable kitchen, dining facilities and equipment serving two (2) meals daily and open six (6) days a week;
           4. Is part of a planned unit development;
           5. Has at least one hundred (100) members regularly paying dues;
           6. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           7. Is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
       50. It is lawful for a facility providing full service dining to serve wine to be consumed on the premises, subject to the further provisions of this chapter, other than § 57-4-103, that contains the following characteristics:
           1. The facility provides seating at tables for not less than one hundred twenty-five (125) persons and is located on approximately three (3) acres;
           2. The dining area is at least four thousand eight hundred square feet (4,800 sq. ft.);
           3. The facility provides seating, on a deck or a patio, for at least forty (40) persons, weather permitting, which deck or patio is in close proximity to a river or waterway; and
           4. The facility is located in a county with a population of not less than twenty-three thousand (23,000) nor more than twenty-three thousand two hundred (23,200), according to the 2000 federal census or any subsequent federal census;
       51. A commercially operated facility containing all of the following characteristics:
           1. The facility has overnight accommodations for at least thirty-two (32) people in at least twelve (12) private guest rooms with en-suite bathrooms;
           2. The facility has a main dining room which seats at least thirty-two (32) people;
           3. The facility has meeting and conference space, including at least two (2) dedicated conference rooms;
           4. The facility has a historic water-operated grist mill;
           5. The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           6. The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
       52. A commercially operated facility containing all of the following characteristics:
           1. The facility has a marina with at least four hundred thirty-five (435) wet slips;
           2. The facility has a minimum of four hundred twelve (412) paved single car parking spaces and in addition at least thirty (30) car/trailer paved parking spaces;
           3. The facility has a restaurant with inside seating for at least seventy-eight (78) persons and patio dining for at least fifty-four (54) persons;
           4. The facility is located within one great circle mile of Tennessee highway 56;
           5. The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
           6. The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
       53. 1. A commercially operated facility containing all of the following characteristics:
              1. Owning and operating a golf course that is open to the public, that includes practice putting and chipping greens and a driving range;
              2. Operating a clubhouse facility of approximately four thousand square feet (4,000 sq. ft.), containing a commercial quality kitchen and seating for at least eighty-three (83) persons inside at tables;
              3. The facility is located at the intersection of State Highway 55 and Pete Sain Road;
              4. The facility does not discriminate against any patron on the basis of gender, race, religion or national origin; and
              5. The facility is located within a county having a population of not less than forty-eight thousand (48,000) nor more than forty-eight thousand one hundred (48,100), according to the 2000 federal census or any subsequent census;
           2. The rights of any facility licensed under this subdivision (27)(QQ) as to activities permitted under this chapter may be held by the entity that owns the facility, the entity that leases the facility, or an entity operating a restaurant pursuant to a written contract with the entity that owns or leases the facility;
       54. A commercially operated recreational facility on at least ninety (90) acres of land that borders the Cherokee National Forest that offers lodging, recreation and restaurant packages to patrons containing all of the following characteristics:
           1. A rustic lodge with at least five (5) private overnight rooms that all possess a king-sized bed, mini-refrigerator, coffee maker, microwave, television, sitting area and private full bathroom, all of which have views of the mountains and are situated in a lodge with a shared great room and hot tub;
           2. At least ten (10) cabins for overnight stays that sleep multiple persons, some of which are company-owned and some of which are privately-owned but rented by the company, and include the following amenities: television, outdoor hot tub on private deck, heat and air conditioning, gas grill, cookware, fireplace, linens and towels and large and small appliances including washer/dryer and all common kitchen appliances;
           3. Riding stables with at least twenty-two (22) stalls for both horses owned by the resort and for overnight lease for or by guests, on-site guided trail rides provided by the owners, a horse arena with a bathroom, mountain biking, hiking, fishing including an on-site stocked pond and swimming in the guest swimming pool;
           4. A dining restaurant that possesses a kitchen and is currently permitted to serve beer that is attached to a larger multi-purpose hall that hosts banquets, dining, dancing, music, live bands and other types of entertainment, all of which are connected to two (2) bars and at least one (1) private room and includes dining upstairs and downstairs and multiple outdoor seating decks, all of which possess a combined seating of at least two hundred (200) persons, that serves at least nine (9) meals on a weekly basis, with the exceptions of closures for private groups that include the year-round hosting of reunions, weddings and corporate workshops and seasonal closures, vacations, general maintenance and remodeling by the owners;
           5. A building that contains an administrative office and a general store complete with all sorts of merchandise for use on and off of the premises of the resort, a building that contains a tack store that sells all sorts of horse-related merchandise and a building that contains a game room;
           6. An outdoor pavilion that possesses a grill and in which other outdoor cooking devices may be used and that is used to serve meals outdoors in combination with foods prepared in the kitchen;
           7. A gazebo used for outdoor weddings;
           8. When used in this subdivision (27)(RR), “facility” includes any location within the property designated by the licensee;
           9. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           10. Is located within a county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;
       55. 1. A commercially operated recreational facility, whether open to the public or limited to members and guests of a corporation, limited liability company, association or of the development in which it is located, owned and operated by a corporation, limited liability company or association, having all of the following characteristics:
              1. The facility must be located in or adjacent to a residential real estate development containing no less than one thousand (1,000) acres and no more than two thousand (2,000) acres, inclusive of the facility;
              2. The facility must have at least three (3) permanent structures, open to the public or to members and their guests, with the largest structure having at least thirty thousand square feet (30,000 sq. ft.) of enclosed space;
              3. The closest boundary of the real estate development in which the facility is located must be located no more than two thousand feet (2,000') from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
              4. The facility must maintain the following types of recreational amenities:
                 1. A golf course having at least eighteen (18) holes;
                 2. At least one (1) swimming pool;
                 3. At least one (1) tennis court; and
                 4. A fitness facility;
              5. The facility must have at least one (1) room or rooms that are regularly kept, used and maintained as a place where meals are regularly served, with adequate and sanitary kitchen facilities and seating at tables for at least seventy-five (75) persons;
              6. The facility must be located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census; and
              7. The facility must not discriminate against any patron on the basis of age, gender, race, religion or national origin;
           2. The premises of any facility licensed under this subdivision (27)(SS) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       56. 1. A commercially operated recreational facility which contains each of the following characteristics:
              1. Is located within a county with a population of not less than seventeen thousand (17,000) nor greater than eighteen thousand (18,000), according to the 2010 federal census or any subsequent federal census;
              2. Has located on its premises, stables for the temporary or permanent stabling of horses with a capacity of at least two hundred twenty (220) horses;
              3. Consists of property of at least ten thousand (10,000) acres, contiguous and noncontiguous;
              4. Has located upon its premises trails and horseback riding, wagon trails, campsites with electrical service, bathhouses and a pavilion for cookouts; and
              5. Has a restaurant facility for the preparation and serving of food and beverages to guests of the facility located at the facility;
           2. The rights of the facility as to activities permitted under this chapter may be held by the entity which owns the facility, the entity which leases the facility, or an entity operating the restaurant pursuant to a written contract with the entity which owns or leases the facility;
           3. The facility may be a contiguous parcel of property or may be noncontiguous; provided, that any part of the facility which is noncontiguous to any other part of the facility is separated only by a roadway or street; and
           4. The entity excising the rights of the facility shall be authorized to engage in the activities permitted under this chapter anywhere on the premises of the facility as disclosed to the commission;
       57. A privately owned facility possessing each of the following characteristics:
           1. Is located on at least twenty (20) acres;
           2. Has a restaurant facility with at least one thousand two hundred square feet (1,200 sq. ft.) that seats at least one hundred (100) patrons at tables located both inside and outside the facility;
           3. Has a marina with at least one hundred (100) slips and that provides house boat rentals of at least four (4) house boats;
           4. Has at least four (4) cabins, seven (7) camping slots and at least three (3) RV slots;
           5. Has a boat repair shop and a store that carries boating and skiing type items;
           6. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
           7. Is located within any county having a population of not less than seventeen thousand eight hundred (17,800) nor more than seventeen thousand eight hundred seventy-five (17,875), according to the 2000 federal census or any subsequent federal census;
       58. A commercially operated facility containing all of the following characteristics:
           1. The facility has a marina with at least two hundred forty (240) wet slips;
           2. The facility has a minimum of nine (9) housing units for rent containing nineteen (19) bedrooms;
           3. The facility has a campground with twelve (12) sites containing electric and sewer hookups;
           4. The facility has a minimum of one hundred forty-seven (147) paved single car parking spaces;
           5. The facility has a restaurant with inside seating for at least twenty-eight (28) persons and patio dining for at least forty (40) persons;
           6. The facility has an outdoor pavilion which seats one hundred fifty (150) persons;
           7. The facility is located on Jefferson Road, approximately six and one tenth (6.1) miles from the intersection with Highway 288/Keltonburg Road and thirteen (13) miles from Highway 70;
           8. The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
           9. The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
       59. A commercially operated facility containing all of the following characteristics:
           1. The facility has a minimum of eighty seven (87) parking spaces;
           2. The facility has a restaurant open year-round with inside seating for at least sixty (60) persons and outside seating for at least one hundred nineteen (119) persons;
           3. The facility is located on Highway 96 less than one (1) mile from Center Hill Lake; and
           4. The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
       60. A commercially operated facility containing all of the following characteristics:
           1. The facility has a minimum of eighty five (85) parking spaces;
           2. The facility has a restaurant open year-round at least six (6) days a week with inside seating for at least one hundred (100) persons and outside seating for at least one hundred twenty (120) persons;
           3. The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
           4. The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
       61. A commercially operated facility containing all of the following characteristics:
           1. The facility owns and operates an eighteen (18) hole golf course that is open to the public, which includes putting greens and a driving range;
           2. The facility operates a clubhouse facility of approximately five thousand square feet (5,000 sq. ft.), with seating at tables for at least eighty (80) persons and which clubhouse contains a full-service kitchen;
           3. The facility operates a swimming pool;
           4. The facility is located on a minimum of one hundred thirty-three (133) acres;
           5. The facility is located adjacent to old Highway 45W and is situated within a county having a population of not less than forty-eight thousand one hundred twenty-five (48,125) nor more than forty-eight thousand two hundred (48,200), according to the 2000 federal census or any subsequent federal census; and
           6. The facility does not discriminate against any patron on the basis of gender, race, religion or national origin;
       62. A commercially operated facility containing all of the following characteristics:
           1. The facility has a marina with at least five hundred thirty (530) wet slips;
           2. The facility has a minimum of two hundred fifty (250) paved single car parking spaces;
           3. The facility has a restaurant with inside seating for at least eighty (80) persons and outside seating for at least sixty (60) persons;
           4. The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
           5. The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
       63. A commercially operated facility containing all of the following characteristics:
           1. The facility includes a one hundred forty-seven thousand square foot (147,000 sq. ft.) boat and RV showroom and service center with retail sales of all types of camping and boating equipment as well as a boat and RV parts department;
           2. The facility has a two hundred fifty (250) seat full service restaurant;
           3. The facility has a two hundred fifty (250) site campground with two (2) swimming pools, cabins and a lodge;
           4. The facility is a travel center with a store, pizzeria, delicatessen, fuel center;
           5. The facility has an arcade;
           6. The facility is located at 2475 Westel Road; and
           7. The facility is located within a county having a population of not less than forty-six thousand eight hundred (46,800) nor more than forty-six thousand nine hundred (46,900), according to the 2000 federal census or any subsequent federal census;
       64. A commercially operated facility containing all of the following characteristics:
           1. The facility has a marina with at least one hundred one (101) wet slips;
           2. The facility has a minimum of sixty (60) paved single car parking spaces;
           3. The facility has a restaurant with adequate and sanitary kitchen facilities with inside seating for at least forty (40) persons and outside seating for at least one hundred fifty (150) persons and is kept, used and maintained as a place where meals are served and where meals are actually and regularly served when the facility is opened for business; and
           4. The facility is located within a county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand two hundred (31,200), according to the 2000 federal census or any subsequent federal census;
       65. A commercially operated facility which contains all of the following characteristics:
           1. Is a bed and breakfast homestay, as defined in § 68-14-502(1)(B), that opened in 2008;
           2. Has at least two (2) rooms available for overnight guests;
           3. Is able to prepare on-site custom meals for up to thirty (30) persons;
           4. Offers cooking classes; and
           5. Is located within any county having a population of not less than one hundred eighty-two thousand (182,000) nor more than one hundred eighty-two thousand one hundred (182,100), according to the 2000 federal census or any subsequent federal census;
       66. A commercially operated recreational facility whether open to the public or limited to members and guests of an association or of the development on which it is located, owned, and operated by an association or corporation and in connection with an eighteen-hole golf course which facility is regularly kept, used, and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all the following characteristics:
           1. The facility must have a clubhouse with no less than six thousand enclosed square feet (6,000 sq. ft.);
           2. The facility must be located within the limits of a development that is within five hundred yards (500 yds.) of a water reservoir operated and maintained by the United States Army corps of engineers during 1998 or any subsequent years;
           3. The facility must be located within at least three (3) miles of an airport with lighted runway of at least three thousand feet (3000') in length;
           4. Maintenance within the recreational area of the following types of recreational facilities:
              1. Golf course of at least eighteen (18) holes;
              2. Swimming pool; and
              3. Tennis court; and
           5. The facility is located within a county having a population of not less than twenty-nine thousand eight hundred (29,800) nor more than twenty-nine thousand nine hundred (29,900), according to the 2000 federal census or any subsequent federal census;
       67. A privately-owned resort and recreational facility possessing each of the following characteristics:
           1. Has at least ninety-five (95) acres located approximately five (5) miles south of Interstate 40 on Tennessee State Highway 13;
           2. Is fronted on the west side by Tennessee State Highway 13 and bordered on the south side by a scenic river as defined in title 11, chapter 13, part 1;
           3. Has at least four (4) cabins;
           4. Has at least thirty (30) recreational vehicle pads and sites with full electrical, water and sewer hookups;
           5. Has at least a forty-seat restaurant which has been approved by the local health department that has an approved beer permit and has food available, with exceptions of closures for private groups or events, seasonal closures, vacations, general maintenance and remodeling by the owners;
           6. When used in this subdivision (27)(EEE), the “facility” shall include any location within the property designated by the licensee;
           7. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
           8. Is located within any county having a population of not less than seven thousand six hundred (7,600) nor more than seven thousand seven hundred (7,700), according to the 2000 census or any subsequent federal census; and the legislative body of such county adopts a resolution endorsing such resort and recreational facility as a premier type tourist resort as defined in this subdivision (27);
       68. A commercially operated facility containing all of the following characteristics:
           1. Has a restaurant serving an upscale menu featuring lobster tail, crab legs and fresh cut steaks;
           2. Is located on a lake by a marina;
           3. Has a boat dock within walking distance of the restaurant;
           4. Has indoor seating for approximately one hundred thirty (130) diners and outdoor dining on the patio with seating for approximately one hundred eighty (180);
           5. Offers live entertainment on the patio at its Tiki Bar; and
           6. Is located in any county having a population of not less than forty-four thousand two hundred (44,200) nor more than forty-four thousand three hundred (44,300), according to the 2000 federal census or any subsequent federal census;
       69. A privately-owned resort and recreational facility possessing each of the following characteristics:
           1. Has a dock with marina which has at least one hundred seventy (170) boat slips which is located on or near the four hundred eighty-two (482) mile marker on the Tennessee River;
           2. Has an outside gazebo which is used for various functions;
           3. Has a restaurant with a dining room of at least four thousand two hundred square feet (4,200 sq. ft.), which seats at least two hundred (200) persons both indoors and outdoors, including an outdoor balcony; and which serves meals at least four (4) days on a weekly basis including Sunday brunch, with exceptions of closures for private groups or events; and seasonal closures, vacations, general maintenance and remodeling by the owners;
           4. When used in this subdivision (27)(GGG), the “facility” shall include any location within the property designated by the licensee; and
           5. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
       70. A commercially operated facility containing all of the following characteristics:
           1. Regularly serves meals at tables and continuously maintains adequate kitchen facilities;
           2. Has indoor seating for approximately one hundred twenty (120) diners and outdoor seating for approximately one hundred thirty (130);
           3. Is located on the banks of the Cumberland River;
           4. Has a transient boat dock within walking distance of the restaurant;
           5. Specializes in serving catfish and is often referred to as “the Catfish Place under the bridge”; and
           6. Is located in any county having a population of not less than thirty-nine thousand one hundred (39,100) nor more than thirty-nine thousand two hundred (39,200), according to the 2010 federal census or any subsequent federal census;
       71. A bed and breakfast possessing each of the following characteristics:
           1. The house is approximately ten thousand square feet (10,000 sq. ft.) and has rooms for approximately twelve (12) guests to stay overnight;
           2. Has a smaller upper level patio and a larger, lower level patio;
           3. Has a main dining room on the first floor which can accommodate approximately seventy (70) guests. The main dining room is one (1) large room with floor to ceiling windows providing one hundred eighty degrees (180°) of lakefront viewing;
           4. Has accommodations for an additional forty (40) guests for outside dining;
           5. Is located in the Long Branch portion of Dale Hollow Lake;
           6. The property on which the bed and breakfast is situated has space for weddings, family reunions and other large gatherings on the large outside portion of the property; and
           7. Is located in any county having a population of less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
       72. A hotel possessing all of the following characteristics:
           1. Contains at least twenty five (25) rooms for the sleeping accommodations of guests;
           2. Is registered as a national historic landmark;
           3. Is located within a central business improvement district; and
           4. Is located in any county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census;
       73. A commercially operated recreational facility possessing each of the following characteristics:
           1. Is located at least two hundred feet (200') from a natural lake that is located in or near a state park, which has waterfowl hunting and fishing is available year round;
           2. Has a restaurant which has:
              1. A beer license;
              2. A commercial kitchen; and
              3. Seating for at least seventy-five (75); and
           3. Has a boat ramp and boat dock;
       74. A commercially operated facility containing all of the following characteristics:
           1. The facility has a restaurant open year-round with inside seating for at least seventy-five (75) persons;
           2. The facility has a minimum of eighty-five (85) parking spaces;
           3. The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
           4. The facility is located within a county having a population of not less than eighteen thousand seven hundred (18,700) nor more than eighteen thousand seven hundred fifty (18,750), according to the 2010 federal census or any subsequent federal census;
       75. 1. A commercially operated recreational facility possessing all of the following characteristics:
              1. A golf course of at least eighteen (18) holes;
              2. Wooded trails for horseback riding;
              3. A fully stocked fishing pond;
              4. At least three (3) tennis courts;
              5. Located in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census; and
              6. Is located no more than two thousand feet (2,000') from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
           2. The premises of any facility licensed under this subdivision (27)(MMM) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths, and road crossings. A license shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       76. A commercially owned marina containing all of the following characteristics:
           1. Operates as a marina on approximately forty-six (46) acres of land;
           2. Has a restaurant with at least one hundred ten (110) seats;
           3. Has approximately two hundred (200) boat slips;
           4. Has seven (7) cabins; and
           5. Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census;
       77. A commercially operated facility containing all of the following characteristics:
           1. Operates as a hunting lodge on approximately four hundred (400) acres of land;
           2. Has adequate kitchen facilities and a dining area within the hunting lodge with seating of at least fifty (50) at tables;
           3. Has capacity to sleep at least thirty (30) guests within the main hunting lodge and at least twenty (20) guests in a cabin located on the property; and
           4. Is located off I-40 at Exit 311 in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
       78. A commercially operated facility open to the public for persons twenty-one (21) years of age or older that has all of the following characteristics:
           1. Is located within three (3) miles of Dale Hollow Lake;
           2. Has a kitchen that serves food to customers;
           3. Is licensed to sell beer;
           4. Is located in an A frame building built in 1968;
           5. Has a deck of more than one thousand square feet (1,000 sq. ft); and
           6. Is located in any county having a population of not less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
       79. 1. A commercially operated resort, restaurant, marina and recreational facility possessing all of the following characteristics:
              1. Is located on at least five (5) acres but no more than seven (7) acres at day marker four (4) as designated by the Tennessee Valley authority on Norris Lake;
              2. Has a marina with at least one hundred forty-five (145) boat slips, most of which are contracted for use on an annual basis, but also includes use for drive-ups;
              3. Rents pontoon, ski, and house boats;
              4. Has a marina store;
              5. Has a restaurant with a full service kitchen with combined seating indoors and outdoors for at least one hundred (100) patrons;
              6. Has a restaurant that serves at least twelve (12) meals on a weekly basis with exceptions of closures for private groups or events, seasonal reasons, vacations, general maintenance and remodeling by the owners;
              7. Has special events and weddings inside and outside;
              8. Has at least fifty-five (55) condominiums with at least thirty (30) of the condominiums available for rental on a nightly or weekly basis;
              9. Has a restaurant that possesses a beer permit for on and off-premises consumption;
              10. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
              11. Is located in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
           2. The facility licensed pursuant to this subdivision (27)(QQQ) shall make food available at any time when alcoholic beverages are being served.
           3. When used in this subdivision (27)(QQQ), “facility” means any location within the property as designated by the licensee;
       80. A commercially operated marina, restaurant, and recreational facility possessing all of the following characteristics:
           1. Is located on at least thirty-two (32) acres of land located off Old Awalt Road;
           2. Has a marina with at least two hundred fifty (250) wet slips located on Tims Ford Lake;
           3. Has a restaurant with a dining room to accommodate at least two hundred (200) patrons;
           4. Includes at least five (5) rental cabins and a motel with at least (5) rental units on its grounds; and
           5. Has a fuel dock with a stationary tank that holds at least six thousand gallons (6,000 gals.) of fuel;
       81. A commercially operated mountaintop resort and recreational facility possessing all of the following characteristics:
           1. Is located on at least one thousand two hundred (1,200) acres at an altitude of between two thousand five hundred feet (2,500') and three thousand feet (3,000');
           2. Provides nightly lodging in at least eleven (11) furnished suites with balconies, all of which are located in at least two (2) buildings;
           3. Has a restaurant with a full service kitchen with combined seating indoors and outdoors for at least one hundred (100) patrons; and which serves at least twelve (12) meals on a weekly basis with exceptions of closures for private groups or events; and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time when alcoholic beverages are being served; and such restaurant shall already possess a beer permit for on-premises consumption;
           4. Hosts special on-site events including weddings, receptions, reunions, corporate meetings, and club or group gatherings;
           5. Has a wooden walkway through chimney rock formations;
           6. Has a heliport with at least two (2) landing pads;
           7. When used in this subdivision (27)(SSS), “facility” includes any location within the property as designated by the licensee;
           8. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
           9. Is located in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 census or any subsequent federal census;
       82. A commercially owned marina, resort, and recreational facility possessing each of the following characteristics:
           1. Includes a full service marina that includes at least one hundred thirty (130) boat slips with the capacity to have three hundred seventy-five (375) covered boat slips ranging in size from twenty-four feet (24') to thirty feet (30') deep; and which is located opposite the one hundred and thirty-three and one-third R (133.3R) mile marker on the Clinch River on Norris Lake;
           2. Has a public pump station;
           3. Has a restaurant with at least one hundred (100) seats both indoors and outdoors which serves at least six (6) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners;
           4. Has a ship store;
           5. Has gas docks;
           6. Has a marina campground with at least twenty (20) campsites with electric, water, and wastewater connections;
           7. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
           8. The facility is located within a county having a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census. When used in this subdivision (27)(TTT), “facility” includes any location within the property designated by the licensee;
       83. 1. A commercially or privately operated facility containing all of the following characteristics:
              1. Is located on Tellico Lake, containing a minimum area of six hundred fifty (650) contiguous acres;
              2. Has an information and sales center;
              3. Has public access walking trails;
              4. Has a championship golf course of at least eighteen (18) holes;
              5. Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
              6. Is located within any county having a population of not less than forty-eight thousand five hundred (48,500) nor more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census;
           2. The premises of any facility licensed under this subdivision (27)(UUU) shall mean any or all of the property that constitutes the facility, including, but not limited to, clubhouses, restaurants, gift and pro shops, marinas, swimming pools, tennis courts, golf courses, and paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises and such drawing may be amended by the licensee filing a new drawing;
       84. A commercially operated private tennis club possessing all of the following characteristics:
           1. Is located on at least thirteen (13) acres of land located off Racquet Club Way;
           2. Has at least ten (10) indoor hard tennis courts located indoors;
           3. Has at least five (5) hard tennis courts and at least twelve (12) clay tennis courts located outdoors; and
           4. Includes a five thousand square foot (5,000 sq. ft.) club house on its grounds;
       85. A commercially operated recreational facility possessing all of the following characteristics:
           1. Has a banquet room that seats not less than seventy-five (75) people;
           2. Has a semi-private golf course of at least eighteen (18) holes;
           3. Has a club house, restaurant that serves food, and swimming pool;
           4. Is located not less than one (1) mile from Interstate 40 and is adjacent to Golf Course Road;
           5. Is located in a county having a population of not less than thirty-five thousand six hundred (35,600) nor more than thirty-five thousand seven hundred (35,700), according to the 2010 federal census or any subsequent federal census;
       86. A commercially owned marina, resort and recreational facility possessing each of the following characteristics:
           1. Includes a full service marina that includes at least one hundred (100) covered boat slips, at least thirty-five (35) mooring line buoys, at least five (5) floating home rentals, and offers for rental at least fourteen (14) watercraft of various types including ski-boats, single and double deck pontoons, jet skis, and standup paddle boats; and which is located at Big Creek Mile eight.zero L (8.0L), Whitman Hollow Branch Norris Reservoir;
           2. Has a restaurant with at least seventy-five (75) seats combined indoors and outdoors, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
           3. Has at least seven (7) campsites;
           4. Has at least two (2) vacation rental homes;
           5. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
           6. Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
       87. A commercially owned marina, resort and recreational facility possessing each of the following characteristics:
           1. Has a full service marina that includes at least three hundred (300) boat slips and is located on Norris Lake;
           2. Has a restaurant with at least seventy-two (72) indoor seats and seventy-two (72) outdoor seats, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
           3. Has a motel with at least twenty-four (24) rooms;
           4. Has at least two (2) vacation rental cabins and at least twenty-three (23) recreational vehicle (RV) slots;
           5. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
           6. Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
       88. A commercially operated facility possessing each of the following characteristics:
           1. Has adequate kitchen facilities and a dining area within the facility that has a seating capacity of at least fifty (50);
           2. Is within four (4) miles of Douglas Lake;
           3. Is located on the corner of Greenhill Road and Hwy 25-70 within one (1) mile of I-40 at Exit 415; and
           4. Is located in a county having a population of not less than fifty-one thousand four hundred (51,400) nor more than fifty-one thousand five hundred (51,500), according to the 2010 federal census or any subsequent federal census;
       89. 1. A privately owned resort and recreational facility possessing each of the following characteristics:
              1. Is located off U.S. Highway 421 in any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand three hundred (18,300), according to the 2010 federal census or any subsequent federal census;
              2. Has a semi-private golf course of at least eighteen (18) holes;
              3. Has at least twenty (20) accommodation units;
              4. Has at least two (2) tennis courts;
              5. Has at least one (1) swimming pool;
              6. Has a restaurant that seats at least fifty (50) people; and
              7. Has a meeting facility;
           2. The premises of any resort and recreational facility licensed under this subdivision (27)(AAAA) shall mean any or all of the property that constitutes the resort and facility, including, but not limited to, clubhouses, restaurants, gift and pro shops, swimming pools, tennis courts, golf courses, and paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, and such drawing may be amended by the licensee filing a new drawing;
       90. It is lawful for any establishment located in a municipality having a population of not less than six hundred (600) nor more than six hundred ten (610), according to the 2010 federal census or any subsequent federal census, which is located in a county having a population of not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census, that is licensed to serve beer to also serve alcoholic beverages and wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
       91. A commercially owned marina, resort, and recreational facility possessing each of the following characteristics:
           1. Includes a full-service marina that includes at least one hundred fifty (150) boat slips and is located on Norris Lake;
           2. Has at least eight (8) campsites;
           3. Has a restaurant with at least eighty (80) seats, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
           4. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
           5. Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
       92. A commercially operated facility possessing each of the following characteristics:
           1. Is located within a one thousand foot (1,000') radius from the intersection of U.S. Highway 41A and University Avenue/Lake O'Donnell Road on property owned by a private institution of higher education, the campus of which is at least ten thousand (10,000) acres;
           2. Is located in any county having a population of not less than forty-one thousand (41,000) nor more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census;
           3. Has prepared and served hot food for on-site dining with indoor seating for at least twenty-five (25) persons for at least twenty-four (24) months; and
           4. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
       93. An entity that is authorized by the department of environment and conservation to operate a restaurant or other food and beverage service on the premises of a state park;
       94. It is lawful for any establishment located in a municipality having a population of not less than four hundred ninety (490) nor more than four hundred ninety-nine (499), according to the 2010 federal census or any subsequent federal census, which is located in a county having a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census, that is licensed to serve beer to also serve alcoholic beverages and wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
       95. A commercially operated facility possessing each of the following characteristics:
           1. Is located in any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
           2. Regularly serves meals;
           3. Contains an adequate and sanitary kitchen;
           4. Has seating for not less than forty (40) people at tables;
           5. Is located on floatation devices on the Cumberland river in close proximity to a marina; and
           6. May be seasonally closed;
       96. A commercially operated recreational facility possessing each of the following characteristics:
           1. Is located:
              1. On at least two thousand five hundred (2,500) acres, approximately eight (8) miles from an interstate highway; and
              2. Along a waterway that flows into a river, a portion of which has been designated as a scenic river;
           2. Has at least twelve (12) cabins and at least three hundred fifty (350) campsites;
           3. Has a motor cross trail or trails and a horseback riding trail or trails;
           4. Has a restaurant with seating for at least one hundred (100);
           5. Has a one thousand six hundred square foot (1,600 sq. ft.) stage at an amphitheater that seats approximately two thousand five hundred (2,500); and
           6. Has least five (5) hotels or motels located near the facility;
       97. A commercially operated facility containing all of the following characteristics:
           1. Is located:
              1. On at least twenty-two (22) acres;
              2. Within a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census; and
              3. At least two (2) miles north of the city of Cookeville, Tennessee;
           2. Has been an LLC corporation since 2013;
           3. Accommodates overnight lodging for up to fourteen (14) guests;
           4. Is available for special events for up to five hundred (500) guests, including, but not limited to, weddings, receptions, corporate events, fundraisers, and reunions; and
           5. Has on-site parking for up to two hundred fifty (250) vehicles;
       98. A commercially operated facility possessing all of the following characteristics:
           1. Is located in a home built in 1892;
           2. Is located on 3rd Avenue South;
           3. Has eight thousand square feet (8,000 sq. ft.) of space including an outside courtyard;
           4. Hosts on-site special events including weddings, receptions, and group gatherings;
           5. Has an adequate and sanitary kitchen; and
           6. Is located in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
       99. A commercially operated facility containing all of the following characteristics:
           1. The facility is located on at least two hundred fifty (250) acres;
           2. The facility provides camping and additional overnight accommodations;
           3. The facility serves at least one (1) meal per day in a dining room that seats at least fifty (50) persons; and
           4. The facility must be located within a commercial district which contains a former state penitentiary that was in operation for a minimum of fifty (50) years;
       100. A commercially operated facility possessing each of the following characteristics:
            1. Has been in operation as an inn since November 3, 2002;
            2. Is located within one-half (½) mile of a city park;
            3. Has a total of eight (8) guest rooms in the main house;
            4. Has a separate cottage that also houses at least one (1) transient suite, as well as workspaces and storage;
            5. Has at least one (1) kitchen on the premises and offers at least one (1) meal daily;
            6. Has an open-air, outdoor patio suitable for the accommodation of wedding ceremonies and other events;
            7. Has been designated historically significant by a county historical commission; and
            8. Is located in any county having a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       101. A commercially operated facility possessing all of the following characteristics:
            1. Has a restaurant open at least six (6) days a week with seating at tables for at least one hundred (100) persons;
            2. Is licensed to sell beer;
            3. Is located in a structure of not less than six thousand square feet (6,000 sq. ft.);
            4. Is located on Drew Howard Road; and
            5. Is located in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
       102. A commercially operated marina, resort, and recreational facility that:
            1. Is located between day markers fifteen (15) and sixteen (16) on Douglas Lake;
            2. Operates not less than eighty-eight (88) covered slips, one hundred ten (110) open slips, twelve (12) transient slips, and six (6) house boat slips;
            3. Operates a full-service store offering fuel, live bait and tackle, food, and beverages;
            4. Is open not less than three hundred sixty-three (363) days per year;
            5. Rents pontoons, fishing boats, and paddle boards;
            6. Operates a boat ramp that is open year-round;
            7. Operates a recreational vehicle (RV) campground with not less than seventy (70) RV sites;
            8. Operates not less than seven (7) rental properties; and
            9. Is located in a county having a population of not less than fifty-one thousand four hundred (51,400) nor more than fifty-one thousand five hundred (51,500), according to the 2010 federal census or any subsequent federal census;
       103. A commercially operated facility possessing each of the following characteristics:
            1. The facility operates a full service hotel;
            2. The facility operates a restaurant with not less than thirty-two (32) seats in the dining room, eight (8) seats in the bar, and twenty-eight (28) outdoor seats located under a wrap-around porch;
            3. The facility operates a nine-hole golf course and a golf lodge;
            4. The facility serves as a wedding and events venue; and
            5. The facility is located within one (1) mile of Highway 41A and within two (2) miles of Lake O'Donnell in a county with a population of not less than forty-one thousand (41,000) and not more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census;
       104. A commercially operated facility possessing all of the following characteristics:
            1. Has a restaurant open at least six (6) days a week with seating at tables for at least one hundred (100) persons and with additional seasonal seating on a patio for at least eighty (80) persons;
            2. Is licensed to sell beer;
            3. Is located in a structure of not less than two thousand five hundred square feet (2,500 sq. ft.);
            4. Is located on Peavine Road; and
            5. Is located in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
       105. 1. A commercially operated facility having all of the following characteristics:
               1. The facility has approximately sixty-one thousand square feet (61,000 sq. ft.) of interior space;
               2. The facility is located not more than six thousand feet (6,000') southwest of a federal interstate highway and not more than two hundred feet (200') west of a federal highway;
               3. The property that the facility is located on is not less than five hundred seventy-five feet (575') and not more than six hundred fifteen feet (615') above sea level;
               4. The facility was originally constructed in 2017;
               5. The facility has one (1) permanent structure containing five (5) stories and includes at least one (1) commercial kitchen, an atrium with a glass ceiling having a height of at least thirty feet (30') with live trees, and a rooftop deck with table service;
               6. The facility is located in or adjacent to a commercial real estate development containing approximately one hundred (100) specialty stores and eateries, and a movie theater;
               7. The facility is located within one hundred feet (100') of a commercial bank that is a member of the federal deposit insurance corporation;
               8. The facility is approximately one thousand eight hundred twenty feet (1,820') to the northeast of Sugartree Creek;
               9. The facility is approximately four hundred seventy feet (470') to the northwest of the main building of a public high school that was originally constructed before 1939;
               10. The facility is approximately one thousand four hundred fifty feet (1,450') to the southwest of a public library that was originally constructed before 2000;
               11. The facility is located within a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census; and
               12. The facility must not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
            2. The premises of any facility licensed under this subdivision (27)(QQQQ) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       106. An agritourism facility possessing all of the following characteristics:
            1. Is located on at least three hundred (300) owned or leased acres;
            2. Is located within a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
            3. Is bounded on one (1) side by at least three-quarters (¾) of a mile of the Cumberland River and on the other side by one-half (½) of a mile of a state scenic highway;
            4. Has been certified as an organic farm for a period of at least three (3) years prior to the date of the initial application for a license;
            5. Is primarily zoned agricultural and operates an on-farm market on that site in addition to possessing substantial acreage of green space at the date of initial application for a license; and
            6. Maintains meeting centers for community events;
       107. 1. A commercially operated facility having all of the following characteristics:
               1. The facility is located on approximately six (6) acres of land that is adjacent to two (2) permanent structures which are owned by the same owner of the facility having approximately seventy thousand square feet (70,000 sq. ft.) of retail and office commercial space, and is located no more than three hundred feet (300') from a federal highway;
               2. The facility has at least one (1) permanent structure with approximately sixty thousand square feet (60,000 sq. ft.) located no more than five hundred feet (500') from a federal highway and less than two thousand five hundred feet (2,500') south of a commercial railroad track. The structure is not less than five hundred twenty-five feet (525') and not more than five hundred seventy-five feet (575') above sea level. The structure was renovated in 2016 and 2017;
               3. The facility formerly housed a supermarket business that closed in 2012;
               4. The facility is approximately two thousand two hundred feet (2,200') to the south of a facility that is accredited by the Association of Zoos and Aquariums that is open to the public;
               5. The facility is located no more than seven thousand feet (7,000') from a railyard of a Class 1 railroad, as defined by the surface transportation board of the United States department of transportation; and
               6. The facility is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (27)(SSSS) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (27)(SSSS). The licensee and any other entity in the facility licensed under chapter 4 of this title may, upon filing notice with the commission, share a common licensed area on the premises of the facility. The commission shall enforce chapter 4 of this title against each licensee on the premises of the facility and shall not cite, penalize, or take any other adverse action against a licensee for any violation committed by another licensee within a common licensed area on the premises of the facility. There is a rebuttable presumption of liability for a specific licensee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the licensee, the commission may determine which licensee to cite for an underage sale. If the commission is unable to determine which licensee committed a violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more licensees that share the common licensed area where the violation occurred;
            3. The licensee and any other licensed entity in the facility that holds a license under this chapter may store beer and alcoholic beverages in a central storage location in the facility. Each licensed entity shall store its inventory of beer and alcoholic beverages in a separately locked cage or other storage area;
            4. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(SSSS) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one beer permit issued under chapter 5 of this title. The beer permittee and any other entity in the facility that holds a beer permit issued by the local beer board may, upon filing notice with the beer board, share a common permitted area on the premises of the facility. The beer board shall enforce chapter 5 of this title against each permittee on the premises of the facility and shall not cite, penalize, or take any other adverse action against a permittee for any violation committed by another permittee within a common permitted area on the premises of the facility. There is a rebuttable presumption of liability for a specific permittee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the permittee, the beer board may determine which permittee to cite for an underage sale. If the beer board is unable to determine which permittee committed a violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more permittees that share the common permitted area where the violation occurred;
            5. Notwithstanding § 57-3-806(e), the owner of the facility may prohibit or restrict, through its lease or other agreements with other businesses, the on-premise sale of beer or alcoholic beverages by other businesses at the facility;
            6. Notwithstanding § 57-4-101(n), table service is not required for the service of alcoholic beverages or beer as authorized by this subdivision (27)(SSSS); and
            7. The facility, landlord, or any licensee shall provide periodic security for the entire licensed premises;
       108. 1. A commercially operated recreational facility, whether open to the public or limited to members and guests of a corporation, limited liability company, or association, or of a development in which it is located, owned, and operated by a corporation, limited liability company, or association, having all of the following characteristics:
               1. The facility is located in or adjacent to a residential real estate development containing between seven hundred (700) and eight hundred (800) acres, a portion of which was formerly the home of a music industry entertainer who began her career with a successful recording at the age of thirteen (13);
               2. The facility has at least one (1) permanent structure, open to the public or to members and their guests, having at least two thousand square feet (2,000 sq. ft.);
               3. The closest boundary of the real estate development in which the facility is located must be located no more than three thousand feet (3,000') from the right-of-way of Interstate 840 and situated between Cox and Patton roads;
               4. The facility maintains a golf course having at least eighteen (18) holes, which has a current or past golf professional on staff at the golf course;
               5. The facility has at least one (1) room or rooms that are regularly kept, used, and maintained as a place where meals are regularly served, with adequate and sanitary kitchen facilities and seating at tables for at least thirty (30) persons;
               6. The facility is located on property with elevations that vary between less than seven hundred fifty feet (750') above sea level to more than nine hundred fifty feet (950') above sea level;
               7. The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
               8. The planning commission of a county in which the facility is located has approved of subdividing the property into more than four hundred (400) residential lots that can be offered for sale for home construction; and
               9. The facility does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
            2. The premises of any facility licensed under this subdivision (27)(TTTT) shall mean any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       109. 1. A commercially operated facility having all of the following characteristics:
               1. The facility is located on approximately twenty-seven (27) acres of land that is adjacent to a tributary of Arrington Creek and located along U.S. Route 96;
               2. The facility has at least one (1) permanent structure constructed in 2016 with at least eight thousand four hundred square feet (8,400 sq. ft.) of climate-controlled space;
               3. The facility is on property that has a lake with an island having approximately nine thousand square feet (9,000 sq. ft.) of space that contains outdoor amenities, including a sound system;
               4. The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census; and
               5. The facility does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
            2. The premises of any facility licensed under this subdivision (27)(UUUU) means any or all of the property that constitutes the facility, including a barn, man-made island, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       110. 1. A commercially operated facility possessing the following characteristics:
               1. The facility is located on at least twenty (20) acres;
               2. The facility provides overnight accommodations with no less than fifty (50) guest rooms;
               3. The facility serves at least one (1) meal per day in a dining room that seats at least seventy-five (75) persons;
               4. The facility is located on property that is within one-quarter (1/4) mile of the intersection of Carters Creek Pike and Southall Road; and
               5. The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (27)(VVVV) means any or all of the property that constitutes the facility, including restaurants, cabins, lodges, clubhouses, swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
            3. Any facility licensed under this subdivision (27)(VVVV) may be issued one (1) or more licenses for consumption on the premises;
            4. Any facility licensed under this subdivision (27)(VVVV) may seek an additional license as a caterer under § 57-4-102(6);
            5. Any facility licensed under this subdivision (27)(VVVV) may hold any of the licenses authorized under this subdivision (27)(VVVV) or may grant a franchise to one (1) or more entities for any or all such licenses;
            6. Any facility licensed under this subdivision (27)(VVVV) may deliver sealed bottles to any area within the licensed premises of the facility;
       111. A commercially operated facility possessing each of the following characteristics:
            1. The facility operates a restaurant with not less than fifty (50) seats in the dining room, not less than six (6) seats at the bar, and outdoor seating on the wrap-around porch;
            2. The restaurant is equipped to serve breakfast, lunch, and dinner and does so on a regular basis;
            3. The facility operates an eighteen-hole golf course and has a large, log cabin style clubhouse with not less than seven thousand square feet (7,000 sq. ft.);
            4. The facility serves as a wedding and event venue; and
            5. The facility is located not more than six (6) miles from Interstate 40 and Interstate 840 and is situated in a county having a population of not less than one hundred thirteen thousand nine hundred (113,900) and not more than one hundred fourteen thousand (114,000), according to the 2010 federal census and any subsequent federal census;
       112. A facility operated either commercially or on a nonprofit basis that:
            1. Is a community theatre and event center that officially opened in 1934;
            2. Was renovated and reopened in 1974;
            3. As of April 12, 2018, operates as a 501(c)(3) nonprofit organization;
            4. Is a historic community and private event venue; and
            5. Is located in a municipality with a population of not less than fifteen thousand sixty (15,060) and not more than fifteen thousand sixty-nine (15,069), according to the 2010 and any subsequent federal census;
       113. A commercially operated facility that is:
            1. Located on approximately two hundred forty-seven (247) acres, subject to a conservation easement on approximately two hundred (200) of the acres;
            2. Located on a peninsula adjacent to the Tennessee River;
            3. Located on property across which an abandoned railroad bed lies;
            4. A venue for weddings, meetings, and events; and
            5. Located in a county with a population of not less than one hundred twenty-three thousand one (123,001) nor more than one hundred twenty-three thousand one hundred (123,100), according to the 2010 or any subsequent federal census;
       114. A commercially operated facility that:
            1. Is located on at least sixty (60) acres of land which came from an original land grant with a home on the property built in 1781;
            2. Has a stream with a dam on the premises;
            3. Has a restaurant that was primarily built from two wrecked barns, that serves a full menu of hot foods at least four (4) days per week, that possesses a full service kitchen, that has seating inside for at least sixty (60) persons at tables, and that has outdoor patio seats for at least twenty-five (25) persons;
            4. Has a pavilion that seats at least one hundred twenty-five (125) persons;
            5. Hosts various events, including, but not limited to, weddings, civic and other club meetings, church groups, and car shows; and
            6. Is located in a county with a population of not less than fifty-six thousand eight hundred (56,800) and not more than fifty-six thousand nine hundred (56,900), according to the 2010 or any subsequent federal census;
       115. A commercially operated facility that:
            1. Is located on approximately fifty-five (55) to seventy-five (75) acres;
            2. Is located on the banks of the Powell River;
            3. Has a restaurant that serves a full menu of hot foods at least four (4) days per week, that possesses a full service kitchen which includes at least a stove top, an oven, a refrigerator, and a freezer, that has at least three thousand five hundred square feet (3,500 sq. ft.) inside, that has an outdoor deck of at least one thousand five hundred square feet (1,500 sq. ft.), that has seating inside for at least eighty (80) persons at tables, and that has outside deck seating for at least eighty (80) persons at tables;
            4. Possesses a beer license;
            5. Makes available kayaks and tubes for rent for floating on the Powell River; and
            6. Is located in a county with a population of not less than thirty-two thousand two hundred (32,200) and not more than thirty-two thousand three hundred (32,300), according to the 2010 or any subsequent federal census;
       116. 1. A commercially operated facility that:
               1. Is located on at least one-half (½) acre of land with at least one hundred sixty feet (160') of road frontage and is in a building with a convenience store with separate entrances;
               2. Has a restaurant with a license to serve beer, and which serves a full menu of hot foods at least five (5) days per week, except for seasonal closings and renovations, and possesses a full-service kitchen with seating in the main dining area for at least fifty (50) persons at tables, a bar seating area of at least forty (40) persons at the bar and tables, an outdoor patio area with seats and picnic tables for at least forty (40) persons, an outdoor tiki bar with seating for at least eight (8) persons at the bar, and a covered porch off the bar area with at least eight (8) seats, and which hosts live music on a regular weekly basis;
               3. Has an enclosed recreational and events building, with its own entrances, including garage doors, of at least two thousand three hundred square feet (2,300 sq. ft.), which is fully plumbed and in which pool, darts, and corn hole are played, and which hosts various private events and ticketed public events with an admission fee; and
               4. Is located in a county with a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (27)(BBBBB) means any and all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       117. 1. A commercially operated facility that:
               1. Is located on at least one hundred seventy-five (175) acres of land that is situated on Pennington Bend adjacent to the Cumberland River;
               2. Serves as a venue for weddings, meetings, tournaments, and events;
               3. Includes an 18-hole golf course, a clubhouse with a restaurant that serves lunch and dinner with seating for at least sixty (60) guests, a golf shop, locker rooms, a covered outdoor pavilion with seating for at least two hundred (200) guests, and meeting rooms;
               4. Is located less than one (1) mile from a hotel containing at least two thousand eight hundred (2,800) rooms, six hundred forty thousand square feet (640,000 sq. ft.) of meeting space, and nine (9) acres of indoor gardens;
               5. Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census; and
               6. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
            2. The premises of any facility licensed under this subdivision (27)(CCCCC) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (27)(CCCCC); and
            3. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(CCCCC) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
       118. 1. A commercially operated facility having all of the following characteristics:
               1. The facility is located on approximately three hundred and sixty (360) acres of land that is adjacent to a reservoir of the Tennessee River created by Watts Bar Dam;
               2. The facility is located less than two (2) miles west of an area designated as a wildlife management area by the Tennessee fish and wildlife commission that is open to the public;
               3. The facility is located within five (5) miles of Highway 72 in a county with a population of not less than fifty-four thousand one hundred (54,100) and not more than fifty-four thousand two hundred (54,200), according to the 2010 federal census or any subsequent federal census;
               4. The facility is approximately twelve thousand feet (12,000') southeast of a private airport identified by the federal aviation administration;
               5. The property that the facility is located on is not less than seven hundred twenty-five feet (725') above sea level nor more than one thousand feet (1000') above sea level;
               6. The facility includes a restaurant, day spa, tennis courts, barn, farmhouse, fish pond, boat dock, hiking trails, cottages, and a full service inn, with at least twenty (20) rooms for lodging;
               7. The facility serves as a venue for weddings, meetings, conferences, and events; and
               8. The restaurant at the facility serves breakfast and dinner and caters for events, with seating for at least two hundred (200) guests;
            2. The premises of any facility licensed under this subdivision (27)(DDDDD) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (27)(DDDDD);
            3. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(DDDDD) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title; and
            4. The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (27)(DDDDD);
       119. A commercially operated facility having the following characteristics:
            1. The facility was built in 1894 and has been restored to represent its original features;
            2. The facility has a seating capacity for approximately one hundred (100) persons;
            3. The facility is a venue for weddings, receptions, reunions, and other similar events, and opened for business in January of 2017; and
            4. The facility is located in a county with a population of not less than fifty-two thousand seven hundred (52,700) and not more than fifty-two thousand eight hundred (52,800), according to the 2010 or any subsequent federal census;
       120. A commercially operated facility possessing each of the following characteristics:
            1. The facility is a restaurant floating on Tims Ford Lake at a commercially operated marina on Sail Away Lane;
            2. The facility is accessible by both water and land, with docking areas for watercraft and parking areas for vehicles;
            3. The facility is licensed to sell beer; and
            4. The facility is located in a county having a population of not less than forty-one thousand (41,000) and not more than forty-one thousand one hundred (41,100), according to the 2010 or any subsequent federal census;
       121. 1. A commercially operated recreational facility, whether operated by a corporation, limited liability company, or association, having all of the following characteristics:
               1. The facility is located on Cordell Hull Lake on property leased from the United States army corps of engineers;
               2. The facility has at least one hundred twenty (120) boat slips ranging in size up to sixty feet (60') in length;
               3. The facility includes a full-service restaurant open to the public;
               4. The facility maintains at least four (4) two-bedroom cabins and at least four (4) hotel rooms available for rent to the public;
               5. The facility operates a full-service campground with at least twenty (20) campsites with septic, electric, and potable water hook-ups;
               6. The facility is located within a county having a population of not less than eleven thousand six hundred (11,600) nor more than eleven thousand seven hundred (11,700), according to the 2010 federal census or any subsequent federal census; and
               7. The facility does not discriminate against any patron on the basis of age, gender, sexual orientation, race, religion, or national origin;
            2. The premises of any facility licensed under this subdivision (27)(GGGGG) includes all of the property constituting the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       122. 1. A commercially operated facility that:
               1. Has a full-service restaurant that stands alone, or is part of a larger building or complex, but has its own entrance;
               2. Has a full-service kitchen that possesses at least one (1) of each the following: a stove; an oven; a refrigerator; and a freezer;
               3. Is open at least five (5) days per week, and serves at least twelve (12) meals each week;
               4. Has seating for at least seventy-five (75) persons at tables and has seating in the bar area at the bar, on stools around tables, or chairs around tables;
               5. Is located on at least eighteen (18) acres; and
               6. Is located in a county having a population of not less than thirty-two thousand two hundred (32,200) and not more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (27)(HHHHH) means any or all of the property that constitutes the facility; and
            3. The property described under this subdivision (27)(HHHHH) may be divided into individual parcels or groups of parcels, and any commercial facility located on any of these parcels that meets the criteria in this subdivision (27)(HHHHH) is deemed to be a premier type tourist resort for purposes of obtaining a license;
       123. A commercially operated facility possessing each of the following characteristics:
            1. The facility is located within six and one-half (6.5) miles of Interstate 24 in any county having a population of not less than thirteen thousand seven hundred (13,700) nor more than thirteen thousand seven hundred fifty (13,750), according to the 2010 federal census or any subsequent federal census;
            2. The facility is located on Charlie Roberts Road;
            3. The facility is licensed to sell beer; and
            4. The facility is a music, concert, and entertainment venue located in a cave that is home to a public television program;
       124. A commercially operated restaurant that:
            1. Was built in 1892;
            2. Has not less than one thousand two hundred ninety-five square feet (1,295 sq. ft.);
            3. Has seating for not less than thirty-two (32) persons;
            4. Is located not more than five hundred feet (500') from Dobbins Branch; and
            5. Is located in a county with not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 or any subsequent federal census;
       125. A commercially operated facility that:
            1. Was built in 1977;
            2. Operates a market and country store;
            3. Is located on approximately three and one-half (3 ½) acres;
            4. Is located not more than three thousand feet (3,000') from the junction of the Harpeth River and Wilkie Branch;
            5. Serves prepared food on the premises; and
            6. Is located in a county with not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 or any subsequent federal census;
       126. A commercially operated facility that:
            1. Operates as a community performing arts and civics center in a city with a population of not less than eighteen thousand six hundred fifty (18,650) and not more than eighteen thousand six hundred fifty-nine (18,659), according to the 2010 or any subsequent federal census;
            2. Was originally built as a school in 1886;
            3. Contains an auditorium with a full stage, a proscenium arch, and seating for not less than four hundred (400) persons; and
            4. Contains conference and meeting rooms and a local history museum;
       127. A commercially operated facility that:
            1. Is a resort comprised of approximately four hundred sixty (460) acres adjacent to the Cumberland River;
            2. Operates two (2) eighteen-hole championship golf courses;
            3. Operates a restaurant that seats forty-six (46) persons;
            4. Is utilized as a venue for weddings and similar events with garden seating for up to two hundred (200) persons, banquet room seating for up to one hundred fifty (150) persons, and gallery seating for up to sixty (60) persons;
            5. Was originally established in 1986; and
            6. Is located in a county with a metropolitan form of government and a population of not less than five hundred thousand (500,000) persons, according to the 2010 or any subsequent federal census;
       128. A commercially operated facility that:
            1. Operates a restaurant with seating for approximately fifty (50) patrons, with an extended porch for additional seating;
            2. Operates an event center that serves as a venue for weddings, concerts, and similar events;
            3. Is located within one (1) mile of Dale Hollow Lake, and within one hundred feet (100') of the Dale Hollow Quarry;
            4. Is located on approximately eighty-five (85) acres; and
            5. Is located in a county with a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 or any subsequent federal census;
       129. 1. A commercially operated facility having all of the following characteristics:
               1. The facility is located on approximately twenty-two (22) acres of land;
               2. The facility is located less than three (3) miles south of an area designated as a state park consisting of approximately nine hundred (900) acres that is open to the public and adjacent to a state forest having at least nine thousand (9,000) acres;
               3. The facility is located within five (5) miles of Interstate 840 in a county with a population of not less than one hundred thirteen thousand nine hundred fifty (113,950) and not more than one hundred forty thousand (140,000), according to the 2010 federal census or any subsequent federal census;
               4. The facility is approximately fifteen thousand feet (15,000 ft.) east of a private motor racing complex originally constructed in approximately 2001 with a seating capacity of more than ten thousand (10,000);
               5. The facility includes a cabin, pier, bridge, amphitheater, commercial kitchen, shop, pond, hall with an adjacent courtyard, a climate-controlled event center, and a manor constructed in the 1830s having at least seven (7) guest rooms for lodging;
               6. The facility serves as a venue for weddings, meetings, conferences, and events; and
               7. The restaurant at the manor serves breakfast and dinner, and caters for events, with seating for at least forty-five (45) guests. The facility has two (2) event centers that can accommodate at least two hundred (200) guests at each center;
            2. The premises of any facility licensed under this subdivision (27)(OOOOO) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (27)(OOOOO);
            3. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(OOOOO) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
            4. The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (27)(OOOOO); and
            5. Any facility licensed under this subdivision (27)(OOOOO) may seek an additional license as a caterer pursuant to § 57-4-102(6);
       130. 1. A commercially operated facility having all of the following characteristics:
               1. Is located on Norris Lake;
               2. Has a marina with not less than one hundred seventy (170) slips;
               3. Has not less than seven (7) houses and twenty-two (22) floating houses available for rent;
               4. Has a restaurant with indoor and outdoor seating for at least one hundred seventy (170) patrons;
               5. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
               6. Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census; and
            2. The premises of any facility licensed under this subdivision (27)(PPPPP) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (27)(PPPPP);
       131. 1. A commercially operated facility having all of the following characteristics:
               1. Operates a hotel with sixteen (16) guest rooms, with each floor other than the first floor equipped with a chef's kitchen, living room with a fireplace, and dining table;
               2. Operates a catering kitchen for events on the premises;
               3. Has event space of over eight hundred square feet (800 sq. ft.) located on the first and fourth floors;
               4. Is a venue for weddings, dinner parties, business retreats, reunions, and similar events; and
               5. Is located in a city with a metropolitan form of government and a population of not less than five hundred thousand (500,000), according to the 2010 or any subsequent federal census; and
            2. The premises of any facility licensed under this subdivision (27)(QQQQQ) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises are covered under one (1) license issued under this subdivision (27)(QQQQQ);
       132. 1. A commercially operated facility that:
               1. Is an event and music venue that holds concerts and hosts a farmers market;
               2. Is located in a building built in the early 1900s by David Hugh Corlette;
               3. Contains a specialty grocery store and offers fresh food service, with seating for approximately eighteen (18) patrons;
               4. Began operating in August of 2018;
               5. Has approximately three thousand three hundred square feet (3,300 sq. ft.) of commercial floor space;
               6. Sits adjacent to Horton Highway;
               7. Is within five hundred feet (500') of a community center and artsitorium; and
               8. Is located in a county with a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 and any subsequent federal census; and
            2. The premises of a facility licensed under this subdivision (27)(RRRRR) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       133. A commercially operated facility possessing each of the following characteristics:
            1. Has a marina with at least eighty-five (85) boat slips on Dale Hollow Lake at the confluence of the East and West Forks of the Obey River;
            2. Has a restaurant with seating for approximately eighty (80) patrons;
            3. Has assorted boats and at least twelve (12) cabins available for rent; and
            4. Is located in a county having a population of not less than five thousand (5,000) and not more than five thousand one hundred (5,100), according to the 2010 federal census or any subsequent federal census;
       134. A commercially operated facility possessing each of the following characteristics:
            1. Is located approximately one (1) mile from Dale Hollow Lake, containing an area of ninety (90) acres;
            2. Has a six-thousand-square-foot barn with a commercial kitchen used for events;
            3. Has at least two (2) cabins for rent; and
            4. Is located on Bolestown Road in a county having a population of not less than five thousand (5,000) and not more than five thousand one hundred (5,100), according to the 2010 federal census or any subsequent federal census;
       135. A commercially owned marina containing all of the following characteristics:
            1. Is located on at least twenty-five (25) acres of land located off of Livingston Boat Dock Road in a county having a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
            2. Has a two-story restaurant that seats at least one hundred eighty (180) people;
            3. Has at least three hundred fifty-five (355) boat slips and a full-service marina on Dale Hollow Lake; and
            4. Includes at least ten (10) rental cabins;
       136. A commercially owned marina containing all of the following characteristics:
            1. Is located on at least forty (40) acres of land located off of state highway 294 in a county having a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
            2. Has a restaurant that seats at least fifty (50) people;
            3. Has approximately three hundred fifty (350) boat slips and a full-service marina on Dale Hollow Lake; and
            4. Includes at least eleven (11) rental cabins;
       137. 1. A commercially operated facility that:
               1. Is located on approximately two hundred seventy (270) acres of land and sits approximately nineteen (19) miles south of highway 24 in a county with a population of not less than forty-five thousand (45,000) and not more than forty-five thousand one hundred (45,100), according to the 2010 and any subsequent federal census;
               2. Is located on property that is separately licensed to produce, bottle, and store distilled spirits;
               3. Is located on property that offers tours and tastings, as well as the retail sale of merchandise and bottles of spirits and contains the global headquarters for a premium Tennessee whiskey company;
               4. Is located on property that includes a welcome center, three (3) tasting rooms, distillery building, barrel storage facilities, a pond, museum, bar, restaurant, commercial kitchen, miniature golf course, and live music venue;
               5. Is located on property that serves as a horse breeding and training facility;
               6. Is located on property that is a production site and a venue for weddings, meetings, conferences, concerts, and special events; and
               7. Has a restaurant that serves lunch and dinner, and caters for events with seating for at least forty-five (45) guests;
            2. The commission and any beer board having jurisdiction over the facility may issue one (1) or more licenses to one (1) or more different persons or entities that meet the qualifications of this subdivision (27)(WWWWW) provided, that the persons or entities obtaining licenses under this subdivision (27)(WWWWW)(ii) and any manufacturer licensed under § 57-3-202 comply with the requirements of § 57-4-110;
            3. The premises of a facility licensed under this subdivision (27)(WWWWW) means any or all of the property that constitutes the facility; provided, that the premises must not include the premises of a manufacturer licensed under § 57-3-202 or any other facility licensed under this subdivision (27)(WWWWW), except as authorized pursuant to § 57-4-101(p). The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
            4. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(WWWWW) means for beer permitting purposes any or all of the property that constitutes the facility; provided, however, that the premises must not include the premises of a licensee under § 57-3-202 or any other facility licensed under this subdivision (27)(WWWWW), except as authorized pursuant to § 57-4-101(p). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
       138. A commercially operated restaurant, resort, and boat dock with fuel having the following characteristics:
            1. Possesses at least twenty (20) acres of U.S. corps of engineers leased water and water frontage on Old Hickory Lake and two thousand feet (2000') of river channel at the southeast corner of the confluence of Old Hickory Lake and State Highway 109;
            2. Has operated for at least sixty (60) straight years on this site;
            3. Possesses at least sixty-five (65) full service paved camp sites;
            4. Possesses boat slips for at least two hundred fifty (250) boats; and
            5. Is located on at least ten (10) acres of real property at that site;
       139. A commercially operated facility that:
            1. Includes an eighteen-hole golf course, a seven-thousand-square-foot clubhouse with a pro shop, banquet room, and restaurant with seating for at least forty (40) patrons;
            2. Contains at least one hundred (100) acres and less than two hundred (200) acres; and
            3. Is located less than one (1) mile from Fort Loudon Lake on Kingston Pike in a county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census;
       140. A commercially operated independent and assisted living facility possessing the following characteristics:
            1. Is located in a county having a population of not less than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;
            2. Has both independent and assisted living facilities available and provides memory care and respite service;
            3. Has several full-service restaurants and dining rooms to service the residents but that are also open to the public and that serve three (3) chef-prepared meals per day;
            4. Has a complete wellness and fitness facility available that accommodates physical and occupational therapy;
            5. Has complete recreational facilities for its residents;
            6. Has not less than one hundred thirty-five (135) individual living unit apartments for residents;
            7. Does not discriminate against any patron on the basis of gender, race, religion, or national origin; and
            8. Has a full-service barber and beauty salon;
       141. 1. A commercially operated facility having all of the following characteristics:
               1. The facility is located on approximately five hundred (500) acres of land;
               2. The facility is located less than three (3) miles north of an area designated as The South Cumberland State Park consisting of approximately thirty thousand (30,000) acres that is open to the public;
               3. The facility is located within five (5) miles of Interstate 24 in a county having a population of not less than thirteen thousand seven hundred (13,700) nor more than thirteen thousand seven hundred fifty (13,750), according to the 2010 federal census or any subsequent federal census;
               4. The facility includes two (2) cabins, a tiny house, a stage, three (3) fishing ponds, a check-in facility, a bathhouse, fifty (50) RV hookups, multiple hiking trails, frisbee golf, and a wedding pavilion;
               5. The facility serves as a venue for weddings, meetings, and conferences; and
               6. The facility has two (2) event centers that can accommodate at least one hundred fifty (150) guests at each center;
            2. The premises of any facility licensed under this subdivision (27)(AAAAAA) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (27)(AAAAAA);
            3. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(AAAAAA) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
            4. The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (27)(AAAAAA); and
            5. Any facility licensed under this subdivision (27)(AAAAAA) may seek an additional license as a caterer under this chapter;
       142. A commercially operated facility having the following characteristics:
            1. Contains a restaurant in a free-standing building with retail space and consisting of approximately three thousand square feet (3,000 sq. ft.); and
            2. Is located at the intersection of state highways 46 and 100 in a county having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census;
       143. A commercially operated facility having the following characteristics:
            1. Contains a full-service restaurant with seating for at least twenty-nine (29) patrons inside and fourteen (14) patrons outside and that does not use a freezer or a fryer; and
            2. Is located less than one thousand feet (1,000') from a United States Post Office and approximately one mile (1 mi.) from a state natural area featuring a small remnant forest having old growth forest characteristics in a county having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census;
       144. A commercially operated facility having the following characteristics:
            1. Contains a full-service restaurant that features live music and that is adjacent to a custom motorcycle shop; and
            2. Is located less than three hundred feet (300') from a United States Post Office and approximately one mile (1 mi.) from a state natural area featuring a small remnant forest having old growth forest characteristics in a county having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census;
       145. A commercially operated facility possessing each of the following characteristics:
            1. Contains a restaurant that has been in operation since at least 2012 with at least forty-two (42) seats inside and seventy-five (75) seats outside;
            2. Contains a banquet hall that is used for weddings, banquets, meetings, and other events and is at least three thousand square feet (3,000 sq. ft.); and
            3. Is located approximately seven hundred (700) yards from state highway 641 South and is adjacent to a winery in a county having a population of not less than thirty-two thousand three hundred one (32,301) nor more than thirty-two thousand four hundred (32,400), according to the 2010 federal census or any subsequent federal census;
       146. A commercially operated marina having the following characteristics:
            1. Has open and covered boat slips, a store, a restaurant, and a fuel dock;
            2. Has cabins and RV campsites available for rent; and
            3. Is located on Cordell Hull Lake approximately three thousand feet (3,000') from the confluence of Defeated Creek and the Cumberland River in a county having a population of not less than nineteen thousand one hundred fifty-one (19,151) nor more than nineteen thousand two hundred (19,200), according to the 2010 federal census or any subsequent federal census;
       147. A commercially operated restaurant having the following characteristics:
            1. Has a structure of not less than two thousand square feet (2,000 sq. ft.) that has seating at tables and at the bar for at least ninety-six (96) guests and serves at least one (1) meal a day seven (7) days a week, with the exception of holidays, vacations, and periods of redecorating; and
            2. Is located approximately two thousand five hundred feet (2,500') from two (2) islands in Old Hickory Lake in a county having a population of not less than one hundred thirteen thousand nine hundred (113,900) nor more than one hundred fourteen thousand (114,000), according to the 2010 federal census or any subsequent federal census;
       148. A commercially operated marina possessing each of the following characteristics:
            1. Is located on Norris Lake in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
            2. Has at least sixty (60) covered boat slips and at least twelve (12) uncovered boat slips;
            3. Has a ship store offering gasoline and other boating supplies and a restaurant with seating for at least eighty (80) patrons, including indoor and outdoor seating; and
            4. Is located approximately one and one-half (1½) miles from a county-owned, public-use airport with a runway four thousand feet (4,000') in length;
       149. 1. A commercially operated facility that:
               1. Has a limestone quarry that sits approximately one thousand seven hundred feet (1,700') southeast of Interstate 65, two thousand seven hundred feet (2,700') south of Interstate 840, and four and six-tenths (4.6) miles north of the junction of US 431 and State Route 247;
               2. Is a venue for live music, weddings, meetings, and other events;
               3. Serves or sells food to patrons;
               4. Has an outdoor amphitheater with a capacity for at least seven thousand (7,000) guests;
               5. Has exclusive or non-exclusive rights to possess or use a commercial kitchen or service kitchen where food is staged and served; and
               6. Is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (27)(IIIIII) means any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
            3. Any facility as described in this subdivision (27)(IIIIII), may hold any of the licenses authorized under this subdivision (27)(IIIIII) and shall have the privilege of granting a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including alcoholic beverages and beer, on its premises; provided, that any separate entity must apply to the commission for a separate license, except for an entity already licensed under subdivision (6). For purposes of this subdivision (27)(IIIIII)(iii), the licensee is not required to have exclusive control of a commercial kitchen or any service kitchen, where food is staged and served, as a condition of the license;
            4. Any licensed entity that holds a license under this subdivision (27)(IIIIII) may store alcoholic beverages and beer at one (1) or more storage locations in the facility and in any commercial kitchen or service kitchen within the facility; provided, that each licensed entity shall store its inventory of alcoholic beverages and beer in a separately locked cage or other storage area;
            5. Notwithstanding § 57-4-101(p), any facility licensed under this subdivision (27)(IIIIII) may serve wine, high gravity beer and beer in its original container, and spirit-based beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) and an alcohol content that does not exceed fifteen percent (15%) by volume, or in unlabeled cups or glassware, or in labeled cups or glassware identifying the licensee as the entity selling the alcoholic beverages or beer for on-premise consumption anywhere within the facility. Any franchisee holding a license under this subdivision (27)(IIIIII) shall comply with the requirements of § 57-4-101(p); provided, however, that a sticker identifying the licensee, which is reasonably designed to stay affixed to a container, cup, or glassware, must comply with § 57-4-101(p);
            6. The commission shall enforce chapter 4 of this title against each licensee under this subdivision (27)(IIIIII) and shall not cite, penalize, or take any other adverse action against a licensee for any violation committed by another licensee on the licensed premises. There is a rebuttable presumption of liability for a specific licensee for any underage sale or other violation based on the unlabeled or labeled container, or unlabeled or labeled cup or glassware, as required pursuant to subdivision (27)(IIIIII)(v), provided to the minor. In the absence of a container, glass, or cup identifying the licensee, the commission has the discretion to determine which licensee to cite for an underage sale or other such violation. If the commission is unable to determine which licensee committed the violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more licensees that share the premises where the violation occurred;
            7. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility described under this subdivision (27)(IIIIII) means, for the purpose of obtaining a beer permit, any and all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The beer board shall enforce chapter 5 of this title against each licensee as a beer permittee and shall not cite, penalize, or take any other adverse action against a licensee for any violation committed by another licensee on the licensed premises. There is a rebuttable presumption of liability for a specific licensee for any underage sale or other violation based on the unlabeled or labeled container, or unlabeled or labeled cup or glassware, as required pursuant to subdivision (27)(IIIIII)(v), provided to the minor. In the absence of a container, glass, or cup identifying the licensee, the local beer board has the discretion to determine which licensee to cite for an underage sale or other such violation. If the beer board is unable to determine which licensee committed the violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more licensees that share the premises where the violation occurred;
            8. Notwithstanding § 57-4-203(e)(1), any licensee licensed under this subdivision (27)(IIIIII) may sell and distribute wine in any unsealed container for consumption on the licensed premises;
            9. Any licensee licensed under this subdivision (27)(IIIIII) may seek an additional license as a caterer under chapter 4 of this title, and is not required to comply with the requirements of § 57-4-102(6)(A) or show exclusive control of a commercial kitchen or any service kitchen, where food is staged and served, as a condition of the license. Caterers licensed under this subdivision (27)(IIIIII)(ix) may store alcoholic beverages and beer in any shared commercial kitchen or service kitchen. The inventory of alcoholic beverages and beer must be stored in a separately locked cage or other storage area;
            10. Nothing in this subdivision (27)(IIIIII) may be construed to prevent a facility, as described under this subdivision (27)(IIIIII), from designating any area of its premises for purposes authorized under this subdivision (27)(IIIIII), or for the purposes of an entity licensed under this title; provided, that premises designated for use by another entity under this title are no longer part of the premises of any license issued under this subdivision (27)(IIIIII), except as provided in § 57-4-101(p); and
            11. The facility, landlord, tenant, or any licensee located in the facility shall provide periodic security for the entire licensed premises;
       150. 1. A commercially operated recreational facility having all of the following characteristics:
               1. The facility is located approximately one mile (1 mi.) from the confluence of Clear Creek and the Obed River and is centrally located in one of this state's rock climbing meccas;
               2. The facility is located on approximately forty (40) acres;
               3. The facility provides at least forty (40) campsites and contains a restaurant and a brewery; and
               4. The facility is located in a county having a population of not less than twenty-one thousand nine hundred (21,900) nor more than twenty-two thousand (22,000), according to the 2010 federal census or any subsequent federal census; and
            2. The premises of any facility licensed under this subdivision (27)(JJJJJJ) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       151. A commercially operated facility possessing each of the following characteristics:
            1. Has an outdoor waterpark site covering at least fifty (50) acres that has a wave pool and other water attractions that contain at least one million seven hundred thousand {1,700,000) gallons of water; and
            2. Is located approximately five hundred feet (500') south of a municipal convention center, approximately two thousand two hundred feet (2,200') west of a state highway named in honor of a former governor of this state, and in a county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census;
       152. A commercially operated facility that:
            1. (a)  Serves as an event venue for weddings, a farmer's market, photography, birthdays, festivals, and similar events;
               1. (i)  (a)  Serves as an event venue for weddings, a farmer's market, photography, birthdays, festivals, and similar events;
               2. Contains a small and large dog park with obstacle courses and a dog wash station;
               3. Contains a tree grove;
               4. Operates a facility that is greater than seventeen thousand square feet (17,000 sq. ft.) containing a dual convention space that can accommodate up to five hundred (500) people, and a restaurant with indoor and outdoor seating for approximately two hundred (200) guests;
               5. Offers scenic mountain overlook views; and
               6. Is located in a municipality with a population of not less than nine thousand eight hundred forty (9,840) and not more than nine thousand eight hundred forty-nine (9,849);
            2. The premises of any facility licensed under this subdivision (27)(LLLLLL) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may only include property owned or leased by the facility and that is contiguous to the property of the facility that is defined in this subdivision (27)(LLLLLL). The entire designated premises is covered under one (1) license issued under this subdivision (27)(LLLLLL); and
            3. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(LLLLLL) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
       153. A commercially operated facility that:
            1. Is an event and wedding venue located on fifty-three (53) acres containing:
               1. A space under roof of over thirteen thousand square feet (13,000 sq. ft.) equipped with heat and air conditioning year-round;
               2. Six thousand five hundred square feet (6,500 sq. ft.) of paver patio;
               3. Sixteen thousand square feet (16,000 sq. ft.) of barefoot cozy turf;
               4. A covered patio of one thousand seven hundred eighty-seven square feet (1,787 sq. ft.) adjacent to the main hall; and
               5. A one-thousand-eight-hundred-square-foot bridal suite, and a groom's lounge with a wet bar, foosball table, and a large television;
            2. Contains an equestrian center that is seven thousand square feet (7,000 sq. ft.);
            3. Contains a prep kitchen with two (2) stoves, two (2) ovens, a warming box, high-capacity ice maker, sinks, work stations, and drive-up load area;
            4. Operates working equine facilities of six thousand five hundred square feet (6,500 sq. ft.), including an arena, and a workshop barn that is two thousand square feet (2,000 sq. ft.); and
            5. Is located in a county with a population of not less than one hundred thirteen thousand nine hundred (113,900) and not more than one hundred fourteen thousand (114,000), according to the 2010 or any subsequent federal census;

            includes the area encompassed by the boundaries of the historic district; provided, that the granting of a license for a business location within such historical district shall not preclude the granting of another license to another establishment located within the boundaries of the historic district. This subdivision (28) applies only to counties with a population of more than four hundred thousand (400,000), according to the 1980 census, but those counties having a metropolitan form of government shall be exempt from this subdivision (28). In such county, only for the purposes of the hours of sale provided in §57-4-203(d)(4), “premises” also includes any establishment located within four (4) blocks west of the western boundary of the historic district and on the same public street or right of way as the historic district; provided, that the requirement of closing the street or right-of-way to motor vehicular traffic on a regular basis shall not apply to the extension of the premises established by this sentence. Within the premises as defined in this subdivision (28)(A), and subject to the municipality's right of ownership and control and any conditions, rules, or regulations imposed by the city or its designee or by law, alcoholic beverages may also be served to customers seated at tables and chairs contiguous to the outside front wall of a licensee's building;

       154. includes only the area located between a convention center, its designated convention center hotel, and a museum that is attached to the convention center hotel; and the one (1) block of public roadway on Fifth Avenue between Demonbreun Street and Korean Veterans Boulevard; and

            1. “Premises,” when:
               1. Referring to an establishment licensed under this chapter;
               2. Such establishment is located within a central improvement district; and
               3. The central improvement district is located in a county having a metropolitan government that has a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
            2. This subdivision (28)(B) shall only be effective in any county upon the adoption of a resolution by a majority vote of the local legislative body approving the use of this definition of “premises”;
       155. “Premises,” when:
            1. Referring to one (1) or more establishments licensed under this chapter, or a manufacturer exercising the rights granted to it under § 57-3-202(i)(1); and
            2. Such establishments are located:
               1. Within a home rule municipality in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census; and
               2. Within or adjacent to an area that is a five hundred seventy-five foot (575') paver lined street with a right of way that is approximately forty feet (40') wide extending from Market Street on the western boundary to Rossville Avenue on the eastern boundary; that is bordered along its northern boundary by a historic railroad terminal station that has been listed on the National Register of Historic Places since 1974; and that is bordered along its northern boundary by property zoned for urban-industrial mixed use and along its southern boundary by property that is zoned for urban-commercial mixed use;

            includes the area described in subdivision (28)(C)(ii)(b ). The granting of a license for a business located within or adjacent to the boundaries of the area described in subdivision (28)(C)(ii)(b ) does not preclude the granting of another license to another establishment located within or adjacent to such area;

       156. The exhibits containing live aquatic animals for public viewing are housed in a building having at least one hundred thousand square feet (100,000 sq. ft.) of interior space;
       157. The exhibits containing live aquatic animals for public viewing contain a minimum total of five hundred thousand gallons (500,000 gals.) of water as the living environment of the animals; and
       158. The public aquarium is located in a county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census;

            (A)  “Restaurant” means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and seating capacity of at least forty (40) people at tables, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. An establishment shall be eligible for licensure as a restaurant in accordance with this part, if the establishment is open at least three (3) days a week, with the exception of holidays, vacations, periods of redecorating and seasonal closings, and more than fifty percent (50%) of the gross revenue of the restaurant is generated from the serving of meals. As used in this subdivision (30), “seasonal closing” means the period from November 1 to March 1 or a period of time, if different from such dates, as filed by the restaurant with the alcoholic beverage commission;

       159. “Restaurant” also means any bowling center that was licensed as of January 1, 1983, to sell alcoholic beverages for consumption on the premises;
       160. In counties with a population of more than three hundred nineteen thousand six hundred twenty-five (319,625), according to the 1980 census, but excluding those counties having a metropolitan form of government:
            1. Within a national historic landmark district or urban park center, as defined by this section, or within an easement area granted to a municipality for commercial recreation and commercial recreation facilities from the Tennessee Valley authority in the Fort Loudoun Reservoir:
               1. Restaurant licensees shall not be required to meet any requirements of this section which make food service, maintenance of a kitchen, or a dining room a prerequisite to the issuance of a restaurant permit to serve liquor by the drink; and
               2. Notwithstanding any law to the contrary, restaurant licensees may enter into leases with municipal landowners in which gross sales, which may include or exclude liquor sales, are considered in the determination of a percentage rent or other rent calculation provision; and
            2. Within a sports authority facility, as defined in this section, restaurant licensees shall not be required to meet any of the requirements of subdivision (30)(A) which make food service, maintenance of a kitchen, or a dining room a prerequisite for the issuance of a permit to serve liquor by the drink;
       161. Notwithstanding the minimum seating capacity established in subdivision (30)(A), for the purpose of a permit to serve wine, “restaurant” means any lodge or resort with sleeping accommodations where meals are served that is located on land which is owned by the United States department of the interior, is operated by the national park service or its agents or contractors and is located in a county with a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand five hundred (41,500), according to the 1980 federal census or any subsequent federal census;
       162. “Restaurant” also means a facility located in any municipality having a population in excess of one hundred thousand (100,000), according to the 1990 federal census, or any subsequent federal census, in which coffees, teas, pastries, and other foodstuffs are offered for sale for consumption on the premises, which facility has a seating capacity of at least thirty (30) seats and which facility obtains at least fifty percent (50%) of its annual gross sales from the sale of coffees, teas and pastries. Any restaurant licensed under this subdivision (30)(E) shall be authorized to sell alcoholic beverages for consumption on the premises only when such beverages are mixed with coffees, teas and other beverages. A restaurant licensed under this subdivision (30)(E) need not meet the requirement of subdivision (30)(A);
       163. “Restaurant” also means a facility:
            1. Located within one-half (½) mile of the railroad tracks in the unincorporated area of any county having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475), according to the 1990 federal census or any subsequent federal census;
            2. Whose primary source of income is from serving meals to its patrons, both indoors and out-of-doors, and has a total seating capacity of at least seventy-five (75) people at tables;
            3. Located in a building having a total square footage of at least two thousand five hundred square feet (2,500 sq. ft.) which was constructed prior to 1925; and
            4. Which is located on a site used during the Civil War or within two (2) miles of two (2) or more Civil War sites, or is within one and one-half (1 ½) miles of a home that was built in 1884, and which is preserved as the area's best example of the Queen Anne and Eastlake architectural styles;
       164. “Restaurant” also means a facility:
            1. Located on Highway 243 in a county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census;
            2. That has seating for not more than one hundred forty (140) people;
            3. That has a music and entertainment orientation;
            4. Whose primary source of income is derived from serving meals to its patrons;
            5. That has a historic working original malt and soda fountain;
            6. That is located in a historical structure formerly used as a town hall as well as a practice venue for Grand Ole Opry hopefuls; and
            7. That does not discriminate against any patron on the basis of age, gender, race, religion or origin;
       165. 1. Restaurant also means a facility that:
               1. Is owned, operated or leased by a for-profit organization organized under the laws of this state;
               2. Does not discriminate against any patron on the basis of gender, race, religion or national origin;
               3. Provides food service to the public or for private events and catering with seating capacity for at least two hundred fifty (250) persons at tables, whether or not the seating is inside or on a deck or patio;
               4. Is open at least five (5) days a week serving two (2) meals daily with the exception of holidays, vacations, seasonal conditions and periods of redecorating, with suitable kitchen, dining facilities and equipment;
               5. Is in the center of a full service marina and resort located on the Tennessee River at mile marker 477.5; which full service marina has at least six hundred (600) dry storage slips and wet slips up to eighty feet (80') that offers two (2) cabins completely furnished and an inn with twelve (12) rooms that overlooks the Tennessee River; and
               6. Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
            2. A restaurant under this subdivision (30)(H) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
       166. “Restaurant” also means a facility:
            1. Located on State Route 46, Old Hillsboro Road, in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
            2. Which is located 1.66 miles from the Natchez Trace Parkway Exit off of Pinewood Road;
            3. Whose primary source of income is from serving meals to its patrons;
            4. Which first opened as a restaurant in 1968;
            5. Which does not operate as a grocery store; and
            6. Which does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
       167. “Restaurant” also means a facility that:
            1. Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
            2. Is a twenty-four-hour-a-day diner;
            3. Is located in a central business improvement district as of 2017;
            4. Serves full meals and has a full-time kitchen staff, twenty-four (24) hours a day;
            5. Holds a valid license from the commission;
            6. Is located in a separate, unattached building;
            7. Does not permit live music or entertainment, nor share walls with any establishment offering live music or entertainment; and
            8. Has six (6) floors and at least seventeen thousand square feet (17,000 sq. ft.); and
       168. “Restaurant” also means a facility that:
            1. Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
            2. Is situated to the east and to the west of the Cumberland River in Pennington Bend;
            3. Is located approximately two thousand feet (2,000') to the northwest of a resort and convention center;
            4. Is a venue for live music;
            5. Has an outdoor deck that is approximately three thousand square feet (3,000 sq. ft.); and
            6. Operates a restaurant that is approximately eight thousand square feet (8,000 sq. ft.) with a seating capacity of approximately two hundred fifty (250);
       169. “Restaurant” also means a facility that:
            1. Began operating on September 5, 2018;
            2. Has a seating capacity for patrons of approximately one hundred forty (140);
            3. Is located on Hixson Pike within one thousand five hundred feet (1,500') of Dallas Bay on the Tennessee River and within six thousand feet (6,000') of Chester Frost Park;
            4. Is approximately two thousand square feet (2,000 sq. ft.); and
            5. Is located in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census;
            6. The center does not discriminate against any patron on the basis of gender, race, religion or national origin;
       170. “Retirement center” also means a facility that contains each of the following characteristics:
            1. The center is located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census;
            2. The center will consist of recreational areas, a fitness center, a dining room with seating for at least one hundred fifty (150) people and a lounge area, and at least one hundred (100) individual living unit apartments;
            3. The center will have a facility of at least one hundred five thousand square feet (105,000 sq. ft.) and is located on approximately eight (8) acres near the corner of Fort Henry Drive and Holston Hills Drive; and
            4. The center's lounge area will offer, to the center's residents and their guests only, food, nonalcoholic beverages, mixed alcoholic drinks, wine, and beer, as well as make available in the dining room and other areas within the center's property, for the center's residents and guests only, mixed alcoholic drinks, wine, and beer;
       171. Was organized pursuant to a municipal urban planning and development board;
       172. Contains within such special historic district an historic district listed on the national register of historic places;
       173. Is located on a trolley line; and
       174. Is located in any county having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census;

            (A)  “Special occasion license” means a license which the commission may issue to a bona fide charitable, nonprofit or political organization. Such license shall be issued for no longer than one (1) twenty-four-hour period, subject to the limitations of hours of sale which may be imposed by law or regulation, and such license may be issued in advance of its effective date;

       175. If a bona fide charitable or nonprofit organization owns and maintains a permanently staffed facility which:
            1. Is used for the periodic showing or exhibition of animals;
            2. Has a seating capacity of not less than twenty-five thousand (25,000) persons; and
            3. Has a separate permanently constructed clubhouse or meeting room located on the grounds,

            then a special occasion license may be issued for use at the clubhouse or meeting room for the duration of the particular show or exhibit for which application is made, and such organization shall not be subject to the numeric limitation contained in the last sentence of this subdivision (33). This license shall only be available upon the payment of the fee as required by law for each separate day of the show;

       176. Such license shall not be issued unless and until there shall have been paid to the commission for each such license a license fee of one hundred dollars ($100), and there shall have been submitted an application which designates the premises upon which alcoholic beverages shall be served. No such charitable, nonprofit or political organization shall be eligible to receive more than twelve (12) special occasion licenses in any calendar year;
       177. A special occasion license under this section may also be issued to a nonprofit historical society for the purpose of serving complimentary samples of homemade wine manufactured in the Swiss tradition by a society member or members, the complimentary samples not to exceed one ounce (1 oz.) per wine type per person to be served at an annual festival conducted by a society celebrating the Swiss heritage at a farm museum in any county having a population of not less than fourteen thousand three hundred (14,300) nor more than fourteen thousand four hundred (14,400), according to the 2000 federal census or any subsequent federal census;
       178. Any entity holding a special occasion license issued under this subdivision (33) or members of the licensee may transport wine and other alcoholic beverages to the location for which the special occasion license is issued;
       179. “Special occasion license” also means a license, issued by the commission, to a bona-fide charitable organization, recognized as exempt from taxation by the internal revenue service pursuant to § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), which organization has been in continuous operation as a tax-exempt entity for at least twenty (20) years, and which organization has an annual budget of at least one million dollars ($1,000,000). A special occasion license issued pursuant to this subdivision (33)(F) shall be authorized to sell wine in closed containers for consumption on or off the premises notwithstanding the restrictions of § 57-4-203. Any licensee holding a license issued pursuant to § 57-3-202, § 57-3-203, § 57-3-204, § 57-3-207, § 57-3-605 or § 57-4-101 may donate wine to an organization holding a special occasion license issued pursuant to this subdivision (33)(F) for an event conducted by the special occasion licensee. Any resident of Tennessee may donate wine, which brand of wine has been registered pursuant to § 57-3-301, to an organization holding a special occasion license issued pursuant to this subdivision (33)(F) for sale or consumption at an event conducted by the special occasion licensee;
       180. A special occasion license under this section may also be issued to a bona fide charitable organization that benefits charities which support women and children in Middle Tennessee and which:
            1. Holds the event in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census, on property used as a veterinary clinic located on a six and sixty-five one hundredths (6.65) acre lot that shares a common boundary between a municipality and the unincorporated area of such county;
            2. Jurisdictions within the boundaries of such county have by referendum adopted both the sale of alcoholic beverages at retail package stores and for consumption on the premises;
            3. Is a one-day annual event restricted to persons twenty-one (21) years of age or older;
            4. Holds a grape stomp contest with teams made up of four (4) stompers and one (1) swabbie, who collects the juice created by the stompers in a jar, with the team producing the most juice winning the contest;
            5. Includes numerous food vendors;
            6. Has wine and spirits tastings; and
            7. Where alcoholic beverages are served but not sold;
       181. A special occasion license under this section may also be issued to a nonprofit community association for the purpose of serving samples of wine to persons holding a presold ticket for an annual fundraiser, the samples not to exceed two ounces (2 oz.) per wine per person to be served at the annual fundraiser conducted by the community association in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census. The fundraiser shall be an insured event with at least ten (10) wineries or restaurants participating in the event and food shall be available to attendees;

            (A)  “Sports authority facility” means a facility possessing the following characteristics:

            1. The facility is owned or operated by a sports authority established under title 7, chapter 67, a public building authority or a governmental entity;
            2. The facility is designed and used for presentation of professional sporting events and other activities, such as amateur sporting events, recreational activities and entertainment events and activities, and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate liquor by the drink as well as food patronage;
            3. A major or minor league professional baseball (American, National or Minor League), football (National Football League), basketball (National Basketball Association) or hockey (National Hockey League) franchise has entered into a long-term agreement to play its home games in the facility; and
            4. The facility is located in a municipality or county having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
       182. “Sports authority facility” also means a facility possessing the following characteristics:
            1. The facility includes a stadium that was constructed in 1997 and that has a seating capacity of twenty thousand (20,000) or more;
            2. The facility is designed and used for sporting and other municipal events;
            3. The facility is located in a home rule municipality located in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census; and
            4. The facility is located not more than one-half (1/2) mile from the Tennessee River;
       183. “Sports authority facility” also means any facility that is designed and used for school-sanctioned public sporting events on a public university campus located in any county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       184. “Sports authority facility” also means any facility that is designed and used for school-sanctioned public sporting events on a four-year public university campus located in any county having a population of not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census;
       185. “Sports authority facility” also means any facility on the campus of a public institution of higher education that is designed and used for sporting events sanctioned by the institution;
       186. 1. “Sports authority facility” also means a facility that:
               1. Is a professional motorsports speedway complex with a speedway approximately one-half (½) of a mile in length and a seating capacity of approximately one hundred sixty thousand (160,000);
               2. Includes a dragstrip complex adjacent to the speedway with a dragstrip approximately one-quarter (¼) of a mile in length and that contains stadium seating and at least twenty (20) suites; and
               3. Is located in a city with a population of not less than twenty-six thousand seven hundred (26,700) and not more than twenty-six thousand seven hundred nine (26,709), according to the 2010 federal census and any subsequent federal census; and
            2. The premises of any facility licensed under this subdivision (34)(F) includes all of the property constituting the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
       187. “Sports authority facility” also means any facility located in any county with a metropolitan form of government that has a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, and that is equipped with two (2) or more ice rinks designed and used for various hockey and figure skating programs for children and adults that are supervised by a major or minor league professional hockey franchise;

            “Suite” means any room or group of rooms, leased by the operator of a sports authority facility or a convention center, physically located within such facility or center, where access to such room or rooms is restricted to the lessee or such lessee's guests;

            “Terminal building of a commercial air carrier airport” means a building, including any concourses thereof, used by commercial airlines and their customers for sale of airline tickets, enplaning and deplaning of airline passengers, loading and unloading of baggage and cargo, and for providing other related services for the convenience of airline passengers and others, located in any airport which is served by one (1) or more commercial airlines, and:

            “Tennessee River resort district” means a club, hotel, motel, restaurant or limited service restaurant located within a jurisdiction that has elected Tennessee River resort district status pursuant to §67-6-103(a)(3)(F); provided, that for the purposes of this chapter, such district shall only extend inland for three (3) miles from the nearest bank of the Tennessee River. No entity licensed to sell alcoholic beverages within the boundaries of any such resort district shall discriminate against any patron on the basis of age, gender, race, religion, or national origin;

       188. Is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments or whose membership is appointed pursuant to § 42-4-105; or
       189. Is located in a municipality where this chapter has become effective in that municipality;

            (A)  “Theater” means any establishment in which motion pictures are exhibited to the public regularly for a charge. Such theater shall have an area that is enclosed by glass and which is accessed through a set of double doors by patrons who must be twenty-one (21) years of age or older to enter. Such theater shall be part of a retail and entertainment complex located one (1) block from a historical district that has been designated as a national historic landmark that centers around a public street or right-of-way. Such theater shall be located in a county having a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census;

       190. “Theater” also means any establishment in which motion pictures are exhibited to the public regularly for a charge and which possesses the following characteristics:
            1. Is a twelve (12) auditorium theater that is one hundred percent (100%) digital;
            2. Is certified by the United States Green Building Council as the nation's first stand-alone theater boasting energy and environmental sensitive design;
            3. Has one (1) auditorium restricted to patrons twenty-one (21) years of age or older; and
            4. Is located downtown near a river in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
       191. “Theater” also means an establishment in which motion pictures are exhibited to the public regularly for a charge. The theater shall have a local beer permit for on-premises consumption. The theater shall regularly serve prepared food to patrons and each auditorium in which alcoholic beverages may be consumed shall allow dining at each seat in the auditorium. Prior to making a sale of any alcoholic beverage, a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder that includes a photograph and date of birth of the adult consumer attempting to make the purchase, shall be produced to the licensee. The theater shall also periodically visually monitor all auditoriums in which alcoholic beverages are permitted and each beverage containing an alcoholic beverage shall be distinct from any other container used to serve nonalcoholic beverages;

            (A)  “Urban park center” means a facility or designated area possessing the following characteristics:

            1. The center is owned, operated, or leased by a municipal or county government, or any agency or commission thereof;
            2. The center is designed to contain outdoor recreational facilities, public museum buildings, exhibition buildings, retail sales areas, retail food dispensing outlets including, but not limited to, sale of package alcoholic and malt beverages, and restaurant areas to accommodate liquor-by-the-drink as well as food patronage; and
            3. The center is located in a municipality or county having a population in excess of six hundred thousand (600,000), according to the 1970 federal census or any subsequent census;
       192. 1. “Urban park center” also means an outdoor fixed structure amphitheater utilized as a performance venue, containing fixed seating for at least five thousand one hundred (5,100) persons. Such facility or designated area shall be secured by adequate perimeter fencing.
            2. This subdivision (39)(B) applies in any county with a metropolitan form of government with a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
       193. “Urban park center” also means a facility or designated area that possesses the following characteristics:
            1. Consists of at least two (2) theater spaces in which live theater, concerts, and films are presented;
            2. Contains at least ten thousand square feet (10,000 sq. ft.);
            3. Contains permanent fixed seating for at least three hundred forty-nine (349) persons;
            4. Contains one (1) performance space constructed prior to 1930 that contains a stage with a fly tower for stage rigging with a height of at least thirty feet (30');
            5. Is operated by a not-for-profit corporation that qualifies as tax exempt under the Internal Revenue Code, § 501(c)(3) (26 U.S.C. § 501(c)(3)), and such facility or designated area is not a religious organization or a secondary or elementary school;
            6. A major street is located not more than one hundred feet (100') from the nearest exterior wall of such facility or designated area; and
            7. Is located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
       194. “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
            1. Is owned, operated or leased by a municipal or county government, or any agency or commission thereof;
            2. Has an outdoor fixed structure amphitheater utilized as a performance venue;
            3. Provides or leases facilities for concerts, plays and programs of cultural, civic and educational interest; and
            4. Is located in any municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and the municipality has a population of not less than twenty-three thousand nine hundred twenty (23,920), nor more than twenty-three thousand nine hundred thirty (23,930), according to the 2000 federal census or any subsequent federal census;
       195. “Urban park center” also means a facility or designated area that possesses each of the following characteristics:
            1. Is owned and maintained by a bona fide charitable or nonprofit organization;
            2. Is used for the periodic showing or exhibition of animals;
            3. Has a seating capacity of not less than twenty-five thousand (25,000) persons;
            4. Includes an arena and a permanently constructed clubhouse or meeting room located on the grounds; and
            5. Is located in any county having a population of not less than forty-five thousand (45,000) nor more than forty-five thousand one hundred (45,100), according to the 2010 federal census or any subsequent federal census;
       196. 1. “Urban park center” also means a facility or designated area possessing each of the following characteristics:
               1. Is located on a tract or tracts of land having at least five (5) contiguous acres;
               2. Is located directly adjacent to property owned or leased by an airport authority created under state law;
               3. Has an enclosed facility or designated area of at least twenty thousand square feet (20,000 sq. ft.) and one (1) room with more than fourteen thousand square feet (14,000 sq. ft.);
               4. Has an exterior garden or gardens with sculpture;
               5. Is leased or owned by a not-for-profit corporation that qualifies under § 501(c)(3) of the Internal Revenue Code; and
               6. Is located within a county having a metropolitan form of government with a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
            2. An urban park center licensed under this subdivision (39)(F) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise shall also be considered an urban park center under this subdivision (39)(F). The premises of an urban park center under this subdivision (39)(F) shall include all enclosed and outdoor areas of the property described in this subdivision (39)(F);
       197. “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
            1. Is located in a building constructed in 1883 that was originally used as a flour mill and eventually became a cannery;
            2. Is an entertainment complex open to the public with three (3) facilities used for live music performances;
            3. Serves or sells food to patrons;
            4. Is approximately fifty-two thousand square feet (52,000 sq. ft.); and
            5. Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       198. “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
            1. Is located approximately two (2) blocks from Interstate 40;
            2. Is located in a building constructed in the 1920s as an automobile factory;
            3. Is located in a building remodeled in 2011 as a live music venue open to the public;
            4. Serves or sells food to patrons; and
            5. Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       199. “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
            1. Is located in the historic Elliston Place neighborhood;
            2. Is located approximately three (3) blocks from a private university and approximately one (1) block from a nonprofit hospital;
            3. Serves or sells food to patrons;
            4. Was opened to the public in 1971 as a live music venue;
            5. Has a stage that is four feet (4') high and has an indoor balcony; and
            6. Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       200. “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
            1. Is located on 8th Avenue approximately one (1) block from Interstate 65;
            2. Is a live music venue that opened to the public in 2001;
            3. Is located beneath an independent and nationally acclaimed record store;
            4. Serves or sells food to patrons;
            5. Is approximately one thousand eight hundred square feet (1,800 sq. ft.); and
            6. Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       201. “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
            1. Is located on Forrest Avenue across from a branch of a public library;
            2. Is a live music venue that promotes local artists that opened to the public in 2003;
            3. Serves or sells food to patrons;
            4. Is approximately two thousand seven hundred square feet (2,700 sq. ft.) and has an enclosed exterior patio; and
            5. Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       202. “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
            1. Is located on First Avenue South;
            2. Is owned, operated, or leased by a governmental entity;
            3. Is a facility or designated area designed and used for the presentation of live outdoor music and other events and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate sales of alcoholic beverages and food; and
            4. Is located in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
       203. 1. “Urban park center” also includes a facility possessing each of the following characteristics:
               1. Is located on a tract or tracts of land having at least fifty (50) contiguous acres;
               2. A state highway is not more than seven hundred fifty feet (750') from the nearest property line;
               3. A commercial railroad track is not more than seven hundred fifty feet (750') from the nearest property line;
               4. Is adjacent to a municipal park having over one thousand nine hundred (1,900) acres;
               5. Has an art museum that was originally constructed prior to 1935 as a private residence;
               6. Has exterior gardens with a stream or streams, pools, fountains, and a stone grotto;
               7. Has a woodland sculpture trail that is over one (1) mile in length;
               8. Is leased or owned by a not-for-profit corporation that qualifies as tax exempt under the Internal Revenue Code § 501(c)(3), (26 U.S.C. § 501(c)(3)); and
               9. Is located within a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
            2. An urban park center licensed under this subdivision (39)(M) shall have the privilege of granting a franchise pursuant to a written contract for a period of not less than one (1) year for the provision of food or beverage, including alcoholic beverages, on the premises of the urban park center, and the holder of such franchise shall be disclosed to the commission consistent with the disclosures made by the licensee and shall also be considered an urban park center under this subdivision (39)(M). The premises of an urban park center licensed under this subdivision (39)(M) shall include all enclosed and outdoor areas of the property described in this subdivision (39)(M);
       204. 1. “Urban park center” also includes a commercially operated facility having all of the following characteristics:
               1. The facility is located on approximately one and seven-tenths (1.7) acres of land and has approximately thirty-eight thousand one hundred thirty-five square feet (38,135 sq. ft.) of interior space;
               2. The facility is located no more than ten thousand one hundred feet (10,100') from a federal interstate highway and less than three thousand two hundred feet (3,200') west of a commercial railroad track. The structure must be not less than two hundred seventy feet (270') and not more than three hundred feet (300') above sea level. The structure must have been originally constructed in 2017;
               3. The facility is located on a property that is adjacent to the intersection of Madison Avenue and Cooper Street;
               4. The property that the facility is located on must have previously housed a structure used as a hotel business that was demolished in 2015;
               5. The facility must be approximately one thousand six hundred eighty feet (1,680') to the south of a public park located on approximately three hundred forty-two (342) acres and that has a zoo that is accredited by the Association of Zoos and Aquariums that is open to the public;
               6. The facility consists of at least five (5) studio spaces in which live dance is performed, rehearsed, and instructed;
               7. The facility is operated by a not-for-profit corporation that qualifies as tax exempt under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), and such facility or designated area is not a religious organization or a secondary or elementary school; and
               8. The facility is located in a county with a charter form of government having a population of not less than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (39)(N) shall mean any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises shall be covered under one (1) license issued under this subdivision (39)(N);
            3. Notwithstanding chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (39)(N) shall mean, for beer permitting purposes, any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises shall be covered under one (1) beer permit issued under chapter 5 of this title; and
            4. An urban park center licensed under this subdivision (39)(N) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise shall also be considered an urban park center under this subdivision (39)(N);
       205. “Urban park center” also means:
            1. A commercially operated facility having all of the following characteristics:
               1. The facility is located on land that is between one and one-half (1½) acres and that is adjacent to land owned by the electric power board of a county with a metropolitan form of government;
               2. The facility has at least two (2) permanent structures constructed before 1978 and at least twenty-five thousand square feet (25,000 sq. ft.) of climate controlled space;
               3. The facility formerly housed a custom car design business that had been serving the automotive community since 1968;
               4. The facility is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
               5. The facility is approximately five thousand ninety feet (5,090') to the northeast of a federal interstate highway;
               6. The facility is approximately five thousand nine hundred sixty feet (5,960') to the northwest of a navigable waterway; and
               7. The facility is approximately three hundred fifty feet (350') to the southwest from the main building of a high school that was originally constructed before 1933;
            2. The premises of any facility described under this subdivision (39)(O) means any or all of the property that constitutes the facility, including all buildings and outdoor areas between and around those buildings. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. An urban park center, as described in subdivision (39)(O)(i), may grant a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including alcoholic beverages, on its premises. A franchisee is deemed to be an urban park center under this subdivision (39)(O) and shall apply for and hold a license under this subdivision (39)(O). The commission shall enforce chapter 4 of this title against each franchisee as a licensee under this subdivision (39)(O) and shall not cite, penalize, or take any other adverse action against a franchisee for any violation committed by another franchisee on the licensed premises. There is a rebuttable presumption of liability for a specific franchisee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the franchisee, the commission may determine which franchisee to cite for an underage sale. If the commission is unable to determine which franchisee committed the violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more franchisees that share the common space where the violation occurred;
            3. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility described under this subdivision (39)(O) means, for the purpose of obtaining a beer permit, any or all of the property that constitutes the facility, including all buildings and outdoor areas between and around those buildings. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. An urban park center, as described in subdivision (39)(O)(i), may grant a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including beer, on its premises. A franchisee is deemed to be an urban park center under this subdivision (39)(O) and shall apply for and hold a beer permit. The beer board shall enforce chapter 5 of this title against each franchisee as a beer permittee and shall not cite, penalize, or take any other adverse action against a franchisee for any violation committed by another franchisee on the licensed premises. There is a rebuttable presumption of liability for a specific franchisee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the franchisee, the beer board may determine which franchisee to cite for an underage sale. If the beer board is unable to determine which franchisee committed the violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more franchisees that share the common space where the violation occurred; and
            4. The licensee described in subdivision (39)(O)(i) and any franchisee licensed under this subdivision (39)(O) may store beer and alcoholic beverages in a central storage location in the facility. Each licensee shall store its inventory of beer and alcoholic beverages in a separately locked cage or other storage area;
       206. 1. “Urban park center” also means a facility or designated area having all of the following characteristics:
               1. The easternmost corner of the structure that houses the facility is approximately one thousand four hundred feet (1,400') southwest of a public park that is adjacent to a navigable waterway;
               2. The easternmost corner of the structure that houses the facility is approximately one thousand one hundred feet (1,100') southeast of a public park that is adjacent to a public library constructed in 2001;
               3. The easternmost corner of the structure that houses the facility is approximately five hundred feet (500') northwest of a public park that contains a walkway recognizing professionals in the music industry;
               4. The easternmost corner of the structure that houses the facility is approximately one thousand five hundred feet (1,500') southwest of a railway station providing commuter rail service that employs standard gauge locomotives and coaches;
               5. The property that houses the facility is across a public street from a live performance venue that was originally constructed in 1892 as a religious facility;
               6. The property that houses the facility is adjacent to a facility originally constructed in 1925 that houses the Grand Lodge of Free and Accepted Masons of Tennessee;
               7. The facility is located in a mixed used development located at the intersection of a federal highway and a municipal street;
               8. The facility is owned, operated, or leased by a bona fide charitable or nonprofit organization;
               9. The facility occupies no less than fifty thousand square feet (50,000 sq. ft.) of commercial space used as a museum that offers informational and educational programming to the community, features historical exhibits, live and pre-recorded music, and may be utilized for public and private occasions, weddings, community meetings, corporate functions, and other events;
               10. Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
               11. The facility is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (39)(P) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
            3. Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (39)(P) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing; and
            4. An urban park center licensed under this subdivision (39)(P) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of the franchise is deemed to be an urban park center under this subdivision (39)(P);
       207. 1. “Urban park center” also includes a facility possessing each of the following characteristics:
               1. Is owned, operated, or leased by a municipal or county government, or any agency or commission thereof;
               2. Has an outdoor fixed-structure stage utilized as a performance venue;
               3. Provides or leases facilities for concerts, plays, and programs of cultural, civic, and educational interest; and
               4. Is located in a municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and that has a population of not less than four thousand fifty (4,050) and not more than four thousand fifty-nine (4,059), according to the 2010 federal census and any subsequent federal census; and
            2. This subdivision (39)(Q) only applies in a city with a population of not less than four thousand fifty (4,050) and not more than four thousand fifty-nine (4,059), according to the 2010 federal census and any subsequent federal census upon the adoption of an ordinance by a two-thirds (2/3) vote of its governing body;
       208. 1. “Urban park center” also means a facility possessing each of the following characteristics:
               1. Provides or leases facilities for flea markets, fairs, exposition events, consumer shows, indoor and outdoor sports, meetings, and banquets;
               2. Has a paved motorsports racetrack that is at least one-half (½) mile in length with banking in the turns of eighteen (18) degrees;
               3. Is located on a tract of land having at least one hundred twenty-eight (128) acres;
               4. Has a one (1) acre dog park and other green space that is used for parking, public recreation, and events; and
               5. Is owned by, and located in, a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
            2. The premises of any facility licensed under this subdivision (39)(R) means any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may be covered under multiple licenses issued under this subdivision (39)(R) for individual facilities within the urban park center;
            3. An urban park center licensed under this subdivision (39)(R) may grant a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise is also considered an urban park center under this subdivision (39)(R); and
            4. An urban park center licensed under this subdivision (39)(R) shall provide a report to the commission, on or before October 1 each year, that details the gross revenue the urban park center earned from the sale of alcoholic beverages and the amount retained by, or paid to, any franchisee of the urban park center for the sale of alcoholic beverages;
       209. “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
            1. The zoo is operated on property leased by a county having a metropolitan form of government and has been opened to the public on that property at least since 1997;
            2. The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
            3. The zoo is located in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
       210. “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
            1. The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1937;
            2. The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
            3. The zoo is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census; and
       211. “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
            1. The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1948;
            2. The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
            3. The zoo is located in a county having a population of not less than three hundred eighty two thousand (382,000) nor more than three hundred eighty two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census.

Such club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based upon the volume of such beverages sold;

It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by such club;

“Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in any county having a population of not less than one hundred thirty thousand (130,000) nor more than one hundred thirty-one thousand (131,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:

The club shall be adjacent to a residential development consisting of at least one hundred (100) residential units, and the club property and such residential development shall consist of at least two hundred (200) acres;

The residential development shall be adjacent to a lake with an area greater than twenty (20) acres;

The club shall be organized and operated to provide to its members, their guests, and others an eighteen-hole golf course and amenities provided by other similar clubs;

The club shall serve at least one (1) meal daily, five (5) days a week;

The club shall have a clubhouse with not less than three thousand square feet (3,000 sq. ft.) with suitable kitchen, dining facilities and equipment; and

The club shall not discriminate against any person on the basis of gender, race, religion or national origin;

(i)  “Club” also means a for-profit recreational club organized and existing under the laws of this state that has been in existence and operating for at least two (2) years prior to March 31, 2003, and that is located in any county not having a metropolitan form of government and having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:

Has at least two hundred twenty-five (225) members paying monthly or annual dues, or both, and does not discriminate against members or potential members or bona fide guests of the members on the basis of gender, race, religion or national origin;

Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and may or may not also provide for the use of its members and guests a swimming pool and tennis facility; and

Has a clubhouse with not less than ten thousand square feet (10,000 sq. ft.) with suitable kitchen, dining facilities and equipment, serving at least one (1) meal daily, at least five (5) days a week;

It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;

(i)  “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in a county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), as of the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:

Has at least three hundred (300) members, as of December 23, 2015, paying dues with a copy of membership applications on file on the premises and which issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member;

Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and also may offer for the use of its members and guests a swimming pool and other recreational amenities;

Has a clubhouse with not less than ten thousand square feet (10,000 sq. ft.) with a suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily at least five (5) days a week;

The club may not compensate or pay any officer, director, agent, or employee any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold; and

It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;

(i)  “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:

Has at least three hundred (300) members, as of January 1, 2017, paying dues with a copy of membership applications on file on the premises and that issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member;

Is located within a planned residential development consisting of no less than six hundred (600) acres and at least three hundred (300) residential dwelling units, and such residential development contains an eighteen-hole golf course;

Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and also may offer its members and guests the use of a swimming pool, tennis courts, and other recreational amenities;

Has a clubhouse with not less than nine thousand square feet (9,000 sq. ft.) with a suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily at least five (5) days a week;

The club does not compensate or pay any officer, director, agent, or employee from any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;

The premises, as provided in §57-4-101(a)(2), for a club, whether such parcel comprising the club premises are contiguous or not, shall also include the golf course; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities; and

It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;

(i)  “Club” also means a for-profit membership-based social club, organized and existing under the laws of this state, that is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:

Is located within a building containing three (3) floors and a rooftop area, totaling approximately six thousand square feet (6,000 sq. ft.) that houses a bar, coffee bar, cigar lounge with lockers, meeting and relaxation space, conference rooms, private call rooms, and workstations;

Is within a central business improvement district as of 2020;

Is organized and operated exclusively for offering an upscale business club environment for learning and networking, where members receive exclusive access to amenities and opportunities in the city;

Has at least ten (10) members paying monthly or annual dues, as of January 1, 2020, with a copy of membership applications on file on the premises and that issues to its members a proximity reader security access card which authorizes admittance of the member and bona fide guests of such member;

Offers its members the ability to purchase all club-related services and experiences through cash or credit card;

Offers its members access to multiple locations across the United States, each tailored to its city and located in prime business districts, and offers its members access to experience specialists, who arrange for its members' needs, ranging from dinner reservations, vacation rentals, and unique travel amenities and luxury experiences; and

Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, creed, color, sex, age, religion, or national origin;

The premises for the club, includes all floors of the singular building constituting the club, whether contiguous or not and connected through stairwells and elevators; the rooftop area; and any area within the building designated by the club in its application for licensure for consumption of alcoholic beverages on the premises;

“Commercial airline” includes any airline operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, or under an exemption from the requirement of obtaining a certificate of public convenience and necessity but otherwise regulated by an appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular schedules, or charter trips, while moving through any county of the state, but not while any such commercial airline is stopped in a county or municipality that has not legalized such sales;

“Commercial airline travel club” means an organization established and operated by or for a commercial airline as defined in this section for the convenience and comfort of airline passengers;

“Commercial passenger boat company” means a company that operates one (1) or more passenger vessels for hire upon navigable waterways and is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel. A commercial passenger boat company licensed pursuant to this chapter shall not sell any type of alcoholic beverage or beer while such boat is docked within the boundaries of any local government that has not approved the sale of alcoholic beverages pursuant to §57-4-103. A commercial passenger boat company may only operate out of a county that has a population:

In excess of two hundred eighty-five thousand (285,000), according to the 1980 federal census or any subsequent federal census;

Not less than eighty-three thousand three hundred (83,300) nor more than eighty-three thousand four hundred (83,400), according to the 1980 federal census or any subsequent federal census; or

Not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census;

“Commission” means the alcoholic beverage commission, created pursuant to chapter 1 of this title;

(A)  “Community theater” means a facility or theater possessing each of the following characteristics:

The community theater is at least eight (8) years old;

The theater is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the community theater, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the theater. No alcoholic beverages or beverages of any kind shall be possessed or consumed inside the auditorium of such theater during performances in such auditorium;

The theater provides or leases facilities for theatrical programs of cultural, civic and educational interest; and

The theater is located in any county having a population of not less than seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census;

“Community theater” also includes a facility or theater possessing each of the following characteristics:

The facility has a performance hall seating not less than two hundred fifty (250) persons, a resource library, rehearsal rooms, and permanent exhibition space of not less than nine thousand square feet (9,000 sq. ft.);

The facility is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the facility, and in furtherance of the purposes of the organization;

The facility provides or leases facilities for concerts and programs of cultural, civic and educational interest; and

The facility is located in any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census;

Alcoholic beverages may be sold at a community theater only during one (1) performance or benefit program a day and only one (1) hour before, during and one (1) hour after the performance or benefit program;

“Community theater” also includes a facility or theater possessing each of the following characteristics:

The facility is located in a building that is at least eighty (80) years old;

The facility has a performance hall seating approximately two hundred fifty (250) persons;

The facility is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), and no member or officer, agent or employee of any community theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing and maintenance of the facility, and in furtherance of the purposes of the organization;

Alcoholic beverages shall only be sold before or after performances or during intermissions in the performances, and no alcoholic beverages shall be consumed inside the auditorium of the facility; and

The facility is located within a municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by §57-3-106, in any county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;

“Community theater” also includes a privately owned facility possessing each of the following characteristics:

Is a community theater in continuous operation since 1943;

Is primarily a volunteer organization with limited salaried staff;

Has an auditorium with more than three hundred (300) seats;

Is located on an historic square and is allowed to sell alcoholic beverages at up to five (5) special events annually that are held on the historic square along with being allowed to sell alcoholic beverages as provided in subdivision (13)(C); and

Is located in any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census;

“Community theater” also includes a facility or theater possessing each of the following characteristics:

The facility is at least twenty-seven (27) years old;

The facility has a performance hall seating not less than one hundred fifty (150) persons and not more than five hundred (500) persons;

The facility is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing and maintenance of the facility, and in furtherance of the purposes of the organization; and

The facility is located in any county having a population of not less than one hundred thirty-four thousand seven hundred (134,700) nor more than one hundred thirty-four thousand eight hundred (134,800), according to the 2000 federal census or any subsequent federal census;

“Community theater” also includes a municipally owned facility possessing each of the following characteristics:

Is a community theater in continuous operation since 1980;

Has an auditorium with more than three hundred (300) seats;

Provides or leases facilities for concerts, plays and programs of cultural, civic and education interest; and

The facility is located in any municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by §57-3-106, and the municipality has a population of not less than twenty-three thousand nine hundred twenty (23,920), nor more than twenty-three thousand nine hundred thirty (23,930), according to the 2000 federal census or any subsequent federal census;

“Community theater” also means a theater possessing each of the following characteristics:

The theater was founded in 1923;

The theater has a main performance hall with not less than three hundred eighty (380) seats;

The theater has an auxiliary performance hall with not less than two hundred (200) seats;

The facility is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater; and

The theater is located within one thousand feet (1,000') of the Tennessee River in a city with a population of one hundred sixty-seven thousand six hundred seventy-four (167,674), according to the 2010 federal census or any subsequent federal census;

“Community theater” also means a theater possessing each of the following characteristics:

The theater opened on December 9, 1949;

The theater originally seated approximately one thousand (1,000) persons in spring-covered chairs;

The theater reopened in July of 2012, serving as a multifunctional event venue, hosting weddings, concerts, nonprofit events, movies, and musical theatre; and

The theater is located in a city with a population of not less than twenty-six thousand one hundred ninety (26,190) and not more than twenty-six thousand one hundred ninety-nine (26,199), according to the 2010 and any subsequent federal census;

“Community theater” also means a theater possessing each of the following characteristics:

The theater was opened in 1995;

The theater's performance hall has seating for at least one hundred twenty (120) patrons;

The theater is used for concerts, plays, and programs of cultural, civic, and educational interest;

The theater is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater; and

The theater is located in a county having a population not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census;

“Community theater” also means a theater possessing each of the following characteristics:

The theater began operating in 1965;

The theater is the only major nonprofit professional performing arts resource in rural Tennessee, and one (1) of the ten (10) largest professional theaters in rural America;

The theater serves more than one hundred forty-five thousand (145,000) visitors annually with two (2) indoor and two (2) outdoor stages;

The theater provides young audience productions, a comprehensive dance program, a concert series, and touring shows;

The theater was the recipient of the Governor's Arts Award for the state of Tennessee in 1984;

The theater is operated by a nonprofit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person's assigned duties. All profits from the sale of alcoholic beverages by the nonprofit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater, or on theater property contiguous to an outdoor performance stage; and

The theater is located in a city having a population of not less than ten thousand seven hundred ninety (10,790) and not more than ten thousand seven hundred ninety-nine (10,799), according to the 2010 federal census or any subsequent federal census;

(A)  “Convention center” means a facility possessing each of the following characteristics:

Owned by the state, municipal and/or county government, or a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, and leased or operated by that government or by a nonprofit charitable corporation established to operate such facility;

Designed and used for the purposes of holding meetings, conventions, trade shows, classes, dances, banquets and various artistic, musical or other cultural events;

A convention center does not include a building located within one thousand (1,000) yards of both a student museum and a zoological park; provided, that any restaurant, located within a former world's fair site or a zoological park and which meets the requirements of subdivision (30), shall be eligible for licensure under this chapter as long as the requirements of this chapter are otherwise met;

A convention center also does not include a building which is more than twenty (20) years old and is located in any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census;

(a)  Except as provided for in (14)(A)(iii)(b ), which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, has a designated, restricted area outside the seating area of any theater within which area the consumption of such alcoholic beverages shall be permitted. The sale of such alcoholic beverages in such facility is limited to no more than one (1) hour and fifteen (15) minutes prior to a meeting, show, performance, reception, or other similar event, and to no later than thirty (30) minutes after such event; and

In a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, or facility owned by a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, has designated an area within or adjacent to any theatre or meeting space, or adjacent to the facility within which area the consumption of alcoholic beverages shall be permitted. Nothing herein shall restrict the ability of a convention center, as defined herein, from adjusting the designated area within or adjacent to its theatre areas, upon adequate prior notice to the commission;

Located in a municipality having a population in excess of one hundred fifty thousand (150,000) and in a county having a population in excess of two hundred thousand (200,000), or both, according to the 1980 federal census or any subsequent federal census;

A convention center licensed under this subdivision (14)(A) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of the franchise shall also be considered a convention center under this subdivision (14)(A);

“Convention center” also means a facility meeting the criteria of subdivision (14)(A)(i) and (ii) and located in a premiere resort city as defined by §67-6-103(a)(3)(B)(i);

“Convention center” also means a facility possessing each of the following characteristics:

Owned by a county public building authority at the time of development;

Designed and used for the purposes of attracting conventions, business travelers, tourists and other visitors to promote economic development;

Located at the intersection of Interstate 24 and Highway 41 near mile marker 114;

Occupies an area of not less than approximately thirteen thousand five hundred square feet (13,500 sq. ft.); and

Includes a full commercial kitchen to provide meals and catering services;

“Convention center” also means a facility possessing each of the following characteristics:

Is owned by a quasi-governmental development agency;

Is designed and used for the purposes of attracting conventions, business travelers and tourists to the area and is vital in promoting economic development, fostering community activities, providing training and seminar space for business and industries and in encouraging tourism;

Is available for community, industry and private events;

Is the only one of its kind in the area;

Has a seating capacity of approximately three hundred (300) and is fully equipped with tables, chairs, linens, dishware and a catering kitchen;

Occupies an area of approximately eight thousand five hundred square feet (8,500 sq. ft.) on acreage surrounding Tellico Lake; and

Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census; and

No member or officer, agent or employee of any convention center as defined by this section shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes, malt beverages or any other alcoholic beverage beyond the amount of such salary as may be fixed by its governing body out of the general revenue of the center. All profits from the sale of such alcoholic beverages shall be used for the operation and maintenance of the convention center;

“Country club located on an historic property” means a country club that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:

Sits on real property that was formerly the home of the International Printing Pressmen Union;

Has a dining facility; and

Is located adjacent to an eighteen-hole golf course;

(A)  “Festival operator” means a person licensed under this subdivision (16) who is either a for-profit business operating a festival for a period of up to seven (7) days in length in which alcoholic beverages or beer will be sold, given away, or otherwise dispensed or a third party with whom such for-profit business engages to conduct alcoholic beverage or beer sales during such festival;

The commission shall issue a license to a festival operator upon the payment of a fee of one thousand dollars ($1,000) per day of the festival, and the submission of an application on a form prescribed by the commission that provides proof satisfactory of the following information, to the satisfaction of the commission:

The premises on which alcoholic beverages or beer will be served, sold, dispensed, or consumed is sufficiently designated, enclosed, secured, and maintained;

Adequate security for the festival is provided;

The number and location of each point of sale in which alcoholic beverages or beer will be served, sold, dispensed, or consumed is specified. If the operator of any such point of sale, including any person or entity that receives any portion of the proceeds of the sale of alcoholic beverages or beer from that point of sale, is different from the festival operator, the name and relevant information of such other operator must be specified on the application to the commission, and the commission may determine that such other operator is required to obtain an additional festival operator license;

The staff selling, serving, or dispensing alcoholic beverages or beer are adequately trained and supervised in the service of alcoholic beverages and beer and on the applicable laws regarding such service;

The city or county in which, or the state governmental entity responsible for the property on which, the festival is to be held has approved the festival; and

If the applicant intends to sell, serve, or dispense beer, the applicant has a beer permit issued in accordance with chapter 5 of this title;

No person licensed under this title, operating in conjunction with a festival operator licensee, or performing any activities for which a license is otherwise required under this title, other than a festival operator or special occasion licensee licensed under this section, may provide any service, item, or other thing of value to a festival operator or with respect to a festival operator's festival, except as may be expressly authorized by the commission. Additionally, no festival operator may receive or accept any item or service that a person under this subdivision (16) is prohibited from providing. All alcoholic beverages used for the festival must be purchased from wholesalers licensed under §57-3-203. Notwithstanding any law to the contrary, a wholesaler may buy back any unopened and resalable bottles of alcoholic beverages at the end of the festival. A wholesaler shall keep all records, as may be required by the commission, necessary to document the purchase of such products pursuant to this subdivision (16);

All applicable taxes, including the tax levied on the sale of alcoholic beverages for consumption on the premises under §57-4-301, must be remitted as required by law;

Alcoholic beverages and beer may be sold, given away, dispensed, or consumed only within hours sufficient to ensure adequate public health, safety, and welfare as determined by the commission or local beer board, as applicable;

Notwithstanding any law to the contrary, if the commission finds that any of the requirements of this subdivision (16) have not been, or are not being, met by a festival operator during a festival or after the completion of a festival, or that the festival operator misrepresented information in the person's application, the commission may use the failure or misrepresentation as the basis to summarily suspend the license of the festival operator, to deny any future applications for a festival operator license for a period of up to two (2) years after the festival in which the failure or misrepresentation occurred, or to issue a fine of up to ten thousand dollars ($10,000) per violation, which disciplinary action must be resolved prior to the issuance of any new festival operator license to the festival operator;

(A)  “Historic inn” means a historic building that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:

Was built in 1824 and was formerly the oldest continuously operating inn in Tennessee;

Was once visited by United States Presidents Andrew Jackson, Andrew Johnson and James K. Polk, all of whom stayed and dined there; and

Has a dining facility and a total of nine (9) rooms and suites;

“Historic inn” also means a country inn that is located in any county having a population of not less than seventy-one thousand one hundred (71,100) nor more than seventy-one thousand two hundred (71,200), according to the 2000 federal census or any subsequent federal census, and has the following characteristics:

Has been in operation since 1938;

Is located within one-half (½) mile of the Great Smoky Mountains National Park;

Has a total of twenty-four (24) guest rooms and a dining facility offering fine dining to guests and other patrons with a seating capacity of no more than sixty (60); and

Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and

“Historic inn” also means an inn that has all of the following characteristics:

Contains at least ten (10) transient guest rooms in the main house;

Has a separate meeting lodge and facility that also houses at least four (4) transient suites;

Has at least two (2) kitchens on the premises and offers at least two (2) meals daily;

Has an open-air, outdoor, sylvan chapel suitable for the accommodation of wedding ceremonies;

Provides entertainment in the form of cooking demonstrations, storytelling and dulcimer playing;

Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry;

Is located in any county having a population of not less than one hundred five thousand eight hundred (105,800) nor more than one hundred five thousand nine hundred (105,900), according to the 2000 federal census or any subsequent federal census; and

Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;

(A)  “Historic interpretive center” means a facility possessing each of the following characteristics:

The center is located in an historic area of town where structures listed on the national register of historic places are located;

The center operates as a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic interpretive center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of the assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic interpretive center, and in furtherance of the purposes of the organization. Alcoholic beverages may be consumed inside the center at locations designated by the board of the not-for-profit corporation;

The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, musical concerts, films, receptions, exhibitions, seminars or meetings; and

The center is located in any county having a population of not less than seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census;

“Historic interpretive center” also means a commercially operated facility owned by a not-for-profit organization possessing each of the following characteristics:

Is located on the Cumberland Plateau, within one (1) mile of a national river and recreation area;

Offers historic interpretation of Victorian-era British architecture, lifestyle, and settlement on the Cumberland Plateau in the 1880s and thereafter;

Operates public education programs in multiple historic buildings built from 1880 to 1884, including the oldest unchanged and preserved public library in America;

Preserves the historic character of a British settlement on the Cumberland Plateau in the 1880s through a board of directors engaged in land acquisition and management, design review of new construction and renovation, and the public enjoyment of period crafts, music, and folklife through the organization of festivals, support for local artists through the sale of arts and crafts in a commissary;

Owns, sells, and develops home sites for construction of design-approved homes;

Offers overnight accommodations to visitors in historic inn and cottage settings;

Operates a restaurant serving breakfast, lunch, and dinner to visitors, community residents, guests, and members of the public;

Attracts thousands of visitors annually from around the world;

Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and

Is located within any county having a population of not less than nineteen thousand five hundred (19,500) nor more than nineteen thousand seven hundred seventy five (19,775), according to the 2000 federal census or any subsequent federal census;

“Historic interpretive center” also means a facility possessing each of the following characteristics:

Was founded in 1983;

Is located on Martin Luther King Boulevard;

Provides programs of historical, cultural, civic, and educational interest, including, but not limited to, art exhibitions and musical concerts;

Is owned by a municipal or county government;

Alcoholic beverages shall only be sold at the center before or during performances; and

Is located in any county having a population of not less than three hundred thirty-six thousand four hundred (336,400) nor more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census;

“Historic mansion house site” means the buildings and grounds of a historic mansion house, located in any county having a metropolitan form of government, included in the Tennessee register of historic places, and operated by the Association for the Preservation of Tennessee Antiquities, and including Association for the Preservation of Tennessee Antiquities sites owned by this state. “Historic mansion house site” also means the buildings and grounds of an historic mansion house located in any county having a metropolitan form of government which has been conveyed by this state in trust to a board of trustees created and appointed in accordance with §§4-13-103 and4-13-104, and for admission to which reasonable fees are charged as provided in §4-13-105. This subdivision (19) shall apply only to counties having a population of four hundred fifty thousand (450,000) or greater, according to the 1980 federal census or any subsequent census;

(A)  “Historic performing arts center” means a facility possessing each of the following characteristics:

The center is located in a restored theater that is at least fifty (50) years old and listed on the national register of historic places;

The center is operated by a for-profit corporation, or not-for-profit corporation which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic performing arts center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic performing arts center, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the center;

The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars or meetings; and

The center is located in any county having a population of:

“Historic performing arts center” also means a facility possessing each of the following characteristics:

The center is located in a restored theater or music hall that is at least fifty (50) years old and listed on the national register of historic places;

The center is operated by a for-profit organization, or a not-for-profit organization that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, and where no member, officer, agent or employee of the not-for-profit organization receives any incentive compensation relating directly to the sale of alcoholic beverages beyond the amount of such salary and other compensation as may be fixed by the not-for-profit organization's governing body for the reasonable performance of such member's, officer's, agent's or employee's assigned duties. A portion of the profits from the sale of alcoholic beverages at the center shall be used for the operation, renovation, refurbishing or general maintenance of the center. Alcoholic beverages shall only be sold at the center before, during or after performances. Alcoholic beverages may be consumed inside the center at locations designated by its governing body;

The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars or meetings; and

The center is located in any county having a population in excess of five hundred thousand (500,000), which has a metropolitan form of government;

“Historic performing arts center” also means a facility possessing each of the following characteristics:

Was opened in 1921;

Is on the national register of historic places;

Is located on Broad Street;

Provides programs of cultural, civic, and educational interest, including, but not limited to, operas and musical concerts;

Is owned by a municipal or county government, or nonprofit, tax exempt, charitable organization. Alcoholic beverages shall only be sold at the center before, during or after performances; and

Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;

“Historic performing arts center” also means a facility possessing each of the following characteristics:

Was opened in 1924;

Was originally designed as a municipal auditorium and all-purpose exhibition hall;

Is located on McCallie Avenue;

Is owned by a municipal or county government, or nonprofit, tax exempt, charitable organization. Alcoholic beverages shall only be sold at the center before, during or after performances;

Provides programs of cultural, civic, and educational interest, including, but not limited to, stage plays and musical concerts; and

Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;

“Historic performing arts center” also means a facility possessing each of the following characteristics:

Is on the national register of historic places;

Was built in 1937;

Is located on Main Street;

Is an entertainment venue for live performances, movies and other events. Alcoholic beverages shall only be sold at the center before, during or after the performances, movies or other events; and

Is located in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;

“Historic performing arts center” also means a facility possessing each of the following characteristics:

Was built in 1931;

Is on the national register of historic places;

Is maintained by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954  (26 U.S.C. § 501(c)), as amended;

Has an auditorium that seats more than seven hundred fifty (750) people;

Provides programs of cultural, civic, and educational interest, including, but not limited to, stage plays and musical concerts; and

Is located in any county having a population of not less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent federal census;

“Historic performing arts center” also means a facility possessing each of the following characteristics:

The center:

Is located adjacent to a restored theater that is at least fifty (50) years old and listed on the national register of historic places; and

Shares a plaza with such restored theater;

The center is operated by a for-profit corporation, or not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic performing arts center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic performing arts center, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the center. Alcoholic beverages may be sold before, during, and after events or during intermissions in such events;

The center provides facilities for programs of cultural, civic, and educational interest to further the mission of the for-profit or not-for-profit corporation, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars, or meetings; and

The center is located in a county having a population of more than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;

(A)  “Hotel” (Motel) means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential, in which twenty (20) or more rooms are used for the sleeping accommodations of such guests and having one (1) or more public dining rooms, with adequate and sanitary kitchen and a seating capacity of at least fifty (50) at tables, where meals are regularly served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out herein for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of a restaurant on their premises and the holder of such franchise shall be included in the definition of “hotel” hereunder; and property contiguous to a hotel, except property located in any county having a population of not less than seventy-seven thousand seven hundred fifty (77,750) nor more than seventy-seven thousand seven hundred ninety (77,790), according to the 1980 federal census or any subsequent federal census, which is owned by the same entity as the hotel and operated by the same entity as the hotel, which property either serves travelers and guests other than as a separate commercial establishment or is operated as a major entertainment complex serving in excess of one million (1,000,000) persons per year;

“Hotel” also means and includes all entities previously described wherein sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which thirty (30) or more suites are used for sleeping accommodations of such guests and having eating facilities in each room for four (4) or more persons with an adequate and sanitary central kitchen from which meals are regularly prepared and served to guests in such suites. For the purpose of this section, “suite” is defined as a guest facility within a hotel where living, sleeping and dining are regularly provided for such guests within the individual units provided for guests. No such hotel or suite as defined in this subdivision (21)(B) shall be authorized to charge for, inhibit or otherwise interfere in any way with the rights of its guests or tenants to carry into rooms or suites rented by them their own bottles, packages or other containers of alcoholic beverages and/or to use or serve them to themselves, their own visitors or guests within the individual units rented or leased by them;

“Hotel” also includes facilities owned and operated by an individual or event-management organization which plans and coordinates all phases of any function for retreats by groups of persons having similar backgrounds or purposes, and which offers meeting and banquet facilities, dining services, recreation and leisure activities in facilities which include a dining inn with seating capacity of three hundred (300), and a complex which includes meeting and banquet facilities with a seating capacity of two hundred (200), overnight accommodations for at least forty (40), and a fifty (50) acre tract of land with picnic accommodations for at least four thousand (4,000), and a facility with seating capacity of four hundred (400). The scope of any license authorized by this subdivision (21)(C) includes picnic service on the grounds of the complex owned and operated by the licensee;

“Hotel” also includes a residence hotel located in the central business district of any municipality having a population of more than three hundred thousand (300,000), according to the 1990 federal census or any subsequent federal census and having a common smoking room and lobby area;

(i)  “Hotel” also includes a bed and breakfast establishment as defined in §68-14-502, where meals are regularly served to guests and where sleeping accommodations and dining facilities being conducted in the same buildings or structures used in connection therewith are on the same premises and are part of the hotel operation. The premises upon which such establishment is located shall be within the boundaries of a clearly defined arts district which is owned and operated by the same entity and having a common courtyard which is contiguous to all buildings and structures on the premises. The dining facilities, including beverages, may be served from an adequate and sanitary central kitchen and storage facility;

This subdivision (21)(E) applies in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census;

(i)  “Hotel” also includes a bed and breakfast establishment as defined in §68-14-502, where meals are regularly served to guests and where sleeping accommodations and dining facilities being conducted in the same buildings or structures used in connection therewith are on the same premises and are part of the hotel operation. In such establishment there must be two (2) rooms for sleeping accommodations and a seating capacity of twenty-five (25) people at tables. The premises upon which such establishment is located shall have a business conference center;

Subdivision (21)(F)(i) applies in any county having a population of not less than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census;

“Hotel” also includes a facility located in a county which contains a population of not less than eighty-five thousand nine hundred (85,900) nor more than eighty-six thousand one hundred sixty (86,160), according to the 1990 federal census or any subsequent census, which facility contains the following characteristics:

Contains at least forty (40) rooms for guest sleeping accommodations offered for adequate pay to travelers and guests;

Contains at least three (3) separate dining rooms with adequate sanitary kitchen facilities, either common or separate, where meals are regularly served to guests;

Is located on real property of at least one thousand fifty (1,050) acres, notwithstanding that such real property is not contiguous and may be divided by a public or private road;

Contains a swimming pool, hiking trails, and biking trails for use by registered guests;

Has access to the Double Branch Creek and tributaries, notwithstanding that such creek and tributaries are not contiguous and may be divided by a public or private road;

Has at least two thousand seven hundred sixteen (2,716) acres of land that has been placed in conservation easement;

Provides a full service spa for use by registered guests of the facility;

(i)  “Hotel” also includes a facility that possesses the following characteristics:

Was built in 1917;

Is listed on the National Register of Historic Places;

Has at least twelve (12) rooms for guest sleeping accommodations with at least one (1) room being handicap accessible;

Has a dining area that seats at least one hundred sixty (160) people;

Has a music and entertainment venue that is at least two thousand nine hundred square feet (2,900 sq. ft.);

Has a two-acre meadow suitable for wedding ceremonies and other events; and

Is located in any county having a population of not less than thirty-seven thousand five hundred (37,500) nor more than thirty-seven thousand six hundred (37,600), according to the 2000 federal census or any subsequent federal census.

A hotel under this subdivision (21)(G) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than §57-4-103;

(i)  “Hotel” also means a facility that possesses all of the following characteristics:

Offers to the public:

Is owned by and located on the campus of a private institution of higher education located on at least ten thousand (10,000) acres; and

Is located in any county having a population of not less than thirty-nine thousand two hundred (39,200) nor more than thirty-nine thousand three hundred (39,300), according to the 2000 federal census or any subsequent federal census;

A hotel under this subdivision (21)(H) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than §57-4-103;

“Limited service restaurant” means a facility possessing each of the following characteristics:

(A)  “Museum” means a building or institution serving as a repository of natural, scientific or literary curiosities or works of art for public display and further possesses the following characteristics:

The museum is at least fifty (50) years old; and

The museum is located in a county having a population in excess of seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census;

“Paddlewheel steamboat company” means a company that operates one (1) or more paddlewheel steamboats for hire in interstate commerce upon navigable waterways and is licensed by the United States coast guard to carry not less than one hundred (100) passengers on a single vessel, with adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state; provided, however, that no paddlewheel steamboat company licensed pursuant to this chapter shall sell any type of alcoholic beverage or beer while such paddlewheel steamboat is docked within the boundaries of any local government which has not approved the sale of alcoholic beverages pursuant to §57-4-103;

“Passenger train” includes any passenger train operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular or special schedules, or charter trips, while moving through any county of the state, but not while any such passenger train is stopped in a county or municipality that has not legalized such sales;

A “premier type tourist resort” means:

(A)  “Premises,” when:

Referring to an establishment licensed under this chapter;

Such establishment is located within an historical district which has been designated as a national historic landmark;

Such national historic landmark centers around a historic public street or right-of-way;

Such a public street or right-of-way is closed to motor vehicular traffic, whether permanently or on a regular basis; and

But only to the extent that such premises are located and fronting upon such historic street and not located on or fronting upon another street or right-of-way within such national historic landmark;

“Public aquarium” means a facility which contains a collection of living aquatic animals whose sole or primary habitat is water and which facility provides for care and housing for public exhibition, and also possesses the following characteristics:

(A)  “Retirement center” means a facility that contains each of the following characteristics:

The center is located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;

The center is located on a single parcel of land not less than forty eight (48) acres and not more than forty-nine (49) acres in area;

The center will consist of individual living unit apartments, individual living unit villas, an assisted living facility, a nursing home facility, a club house and common areas;

The center will have a club house that houses a health club, game room, lounge and a dining facility;

The center's lounge in the club house will offer to the center's residents and their guests only food, nonalcoholic beverages, mixed alcoholic drinks, wine and beer, as well as make available in the dining facility and other areas within the center's property, for the center's residents and guests only, mixed alcoholic drinks, wine and beer; and

“Special historic district” means any area with specific boundaries that possesses the following characteristics:

“Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product shall be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine; and

(A)  “Zoological institution” means a facility which contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:

The zoo is owned, operated, or leased by a municipal or county government;

The zoo is at least fifty (50) years old; and

The zoo is located in a county having a population in excess of seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census.

Acts 1967, ch. 211, § 1; 1972, ch. 682, § 2; 1972, ch. 756, § 3; 1975, ch. 111, § 3; 1975, ch. 347, § 1; 1979, ch. 401, § 2; T.C.A., § 57-153; Acts 1980, ch. 895, § 1; 1980, ch. 898, § 2; 1981, ch. 404, § 2; 1981, ch. 467, §§ 1-4; 1981, ch. 475, § 2; 1982, ch. 691, § 1; 1982, ch. 931, §§ 1-4; 1983, ch. 52, § 2; 1983, ch. 300, §§ 3, 6; 1983, ch. 305, § 1; 1983, ch. 306, § 1; 1983, ch. 391, § 1; 1983, ch. 454, § 4; 1983, ch. 461, §§ 1-4; 1983, ch. 469, § 2; 1983, ch. 481, § 1; 1984, ch. 522, § 1; 1984, ch. 569, § 2; 1984, ch. 599, § 1; 1984, ch. 858, §§ 1-4; 1984, ch. 871, § 1; 1984, ch. 975, § 2; 1985, ch. 41, § 1; 1985, ch. 47, § 1; 1985, ch. 117, § 1; 1985, ch. 190, § 2; 1986, ch. 516, § 1; 1986, ch. 899, § 3; 1987, ch. 73, § 1; 1987, ch. 218, § 1; 1987, ch. 444, §§ 3, 4; 1987, ch. 456, § 1; 1988, ch. 792, § 1; 1988, ch. 942, §§ 1, 2; 1989, ch. 50, § 1; 1989, ch. 361, § 1; 1989, ch. 459, § 1; 1990, ch. 718, § 1; 1990, ch. 730, §§ 1, 2; 1990, ch. 853, § 1; 1990, ch. 949, § 1; 1991, ch. 462, § 1; 1992, ch. 674, § 2; 1992, ch. 675, § 2; 1993, ch. 308, §§ 1, 2; 1994, ch. 657, § 1; 1994, ch. 822, § 1; 1994, ch. 837, § 1; 1994, ch. 933, § 1; 1995, ch. 18, § 1; 1995, ch. 306, § 2; 1996, ch. 688, § 1; 1996, ch. 730, § 1; 1996, ch. 749, § 2; 1996, ch. 1017, § 1; 1997, ch. 146, § 1; 1997, ch. 281, §§ 1-7; 1998, ch. 722, § 1; 1998, ch. 786, § 1; 1998, ch. 795, § 6; 1998, ch. 798, § 1; 1998, ch. 939, §§ 2, 3; 1998, ch. 966, §§ 1, 2; 1999, ch. 211, § 1; 1999, ch. 314, §§ 1, 2, 4; 1999, ch. 525, § 2; 2000, ch. 657, § 2; 2000, ch. 727, § 1; 2001, ch. 64, § 2; 2001, ch. 74, § 1; 2001, ch. 84, § 1; 2001, ch. 112, §§ 1-3; 2001, ch. 371, § 2; 2001, ch. 383, §§ 2, 3; 2002, ch. 647, § 1; 2002, ch. 661, § 1; 2002, ch. 676, § 1; 2002, ch. 679, §§ 1, 2; 2002, ch. 705, §§ 1, 2; 2002, ch. 832, §§ 1, 3, 4; 2003, ch. 132, § 1; 2003, ch. 309, §§ 1, 2; 2003, ch. 314, § 1; 2004, ch. 544, § 1; 2004, ch. 671, §§ 1, 2; 2004, ch. 676, § 1; 2004, ch. 710, § 1; 2004, ch. 857, § 1; 2004, ch. 876, § 6; 2005, ch. 212, § 5; 2005, ch. 253, § 2; 2005, ch. 422, §§ 1-10; 2006, ch. 612, §§ 1-3; 2006, ch. 733, §§ 1-6, 8; 2006, ch. 865, § 1; 2007, ch. 150, §§ 1-3; 2007, ch. 203, § 1; 2007, ch. 258, § 1; 2007, ch. 342, § 1; 2007, ch. 492, § 1; 2008, ch. 634, § 2; 2008, ch. 649, § 1; 2008, ch. 653, § 1; 2008, ch. 713, § 1; 2008, ch. 784, § 1; 2009, ch. 49, § 1; 2009, ch. 98, § 1; 2009, ch. 109, § 1; 2009, ch. 168, § 1; 2009, ch. 266, §§ 1, 2; 2009, ch. 357, §§ 1, 2; 2009, ch. 572, §§ 1, 2; 2010, ch. 622, § 1; 2010, ch. 623, § 1; 2010, ch. 632, § 1; 2010, ch. 641, § 1; 2010, ch. 647, § 1; 2010, ch. 649, § 1; 2010, ch. 664, § 1; 2010, ch. 695, § 1; 2010, ch. 744, § 1; 2010, ch. 763, §§ 1-3; 2010, ch. 771, § 1; 2010, ch. 835, §§ 1-5; 2010, ch. 927, §§ 2, 3; 2010, ch. 1121, §§ 1-3; 2010, ch. 1133, §§ 2, 3; 2011, ch. 31, § 1; 2011, ch. 53, § 1; 2011, ch. 110, § 1; 2011, ch. 136, § 1; 2011, ch. 440, § 1; 2011, ch. 447, §§ 3-8, 11, 12; 2011, ch. 503, §§ 1, 2; 2012, ch. 661, § 1; 2012, ch. 790, §§ 1, 2; 2012, ch. 947, § 8; 2012, ch. 1005, §§ 1-3; 2012, ch. 1035, §§ 3, 4; 2012, ch. 1045, § 1; 2013, ch. 37, § 1; 2013, ch. 160, § 1; 2013, ch. 218, § 1; 2013, ch. 230, § 1; 2013, ch. 295, §§ 1, 2; 2013, ch. 371, § 1; 2013, ch. 458, §§ 1, 2; 2014, ch. 506, § 1; 2014, ch. 643, §§ 1-4; 2014, ch. 661, §§ 1, 2; 2014, ch. 843, §§ 1, 2; 2014, ch. 861, § 7; 2014, ch. 907, §§ 1, 3, 4; 2014, ch. 1001, §§ 1-5, 8, 10; 2015, ch. 70, § 1; 2015, ch. 116, § 1; 2015, ch. 119, § 1; 2015, ch. 269, § 4; 2015, ch. 279, § 1; 2015, ch. 336, §§ 2, 3; 2015, ch. 391, §§ 2, 3; 2015, ch. 428, § 2; 2015, ch. 446, § 1; 2015, ch. 458, §§ 1-5; 2016, ch. 791, §§ 1, 2; 2016, ch. 858, § 17; 2016, ch. 874, § 1; 2016, ch. 922, §§ 1-4; 2016, ch. 953, §§ 1-3; 2016, ch. 964, § 1; 2016, ch. 965, §§ 1, 2; 2016, ch. 1022, § 1; 2017, ch. 119, § 1; 2017, ch. 141, § 1; 2017, ch. 142, § 1; 2017, ch. 147, §§ 9-11; 2017, ch. 160, § 1; 2017, ch. 173, § 1; 2017, ch. 195, § 1; 2017, ch. 214, §§ 1-3; 2017, ch. 223, § 1. 2017, ch. 273, § 1; 2017, ch. 337, § 1; 2017, ch. 371, § 1; 2017, ch. 394, § 1; 2017, ch. 428, § 1; 2018, ch. 680, §§ 1, 2; 2018, ch. 740, §§ 1-4; 2018, ch. 755, § 4; 2018, ch. 785, § 1; 2018, ch. 787, § 1; 2018, ch. 812, § 1; 2018, ch. 847, § 1; 2018, ch. 860, §§  1-3; 2018, ch. 912, § 1; 2018, ch. 950, §§ 1, 2; 2018, ch. 1010, §§ 1, 2; 2019, ch. 91, § 1; 2019, ch. 99, § 1; 2019, ch. 363, §§ 1-10; 2019, ch. 377, §§ 1, 2; 2019, ch. 435, §§ 2, 5; 2020, ch. 677, § 1; 2020, ch. 700, § 1; 2020, ch. 797, § 1; 2020, ch. 802, §§ 1–18.

Code Commission Notes.

Acts 1994, ch. 550, § 2 purported to add the following language after the second sentence in (18): “Provided, further, when the public street within the Beale Street National Historic Landmark District is closed to motor vehicular traffic.”

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2005, ch. 212, § 6 provided that:

“(a) The commissioner of revenue shall promulgate rules and regulations to effectuate the provisions of this act.

“(b) The commissioner of economic and community development shall promulgate rules and regulations to effectuate the provisions of this act.

“(c) The executive director of the alcoholic beverage commission shall promulgate rules and regulations to effectuate the provisions of this act.

“(d) All such rules and regulation shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.”

Acts 2009, ch. 168, § 2 provided that for purposes of §57-4-301, the annual taxes imposed for an historic inn shall be equal to the tax assessed for an historic mansion house site.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 843 took effect on April 28, 2014.

Acts 2018, ch. 755 contained two act sections 4. One of which amended this section and the other was the effective date provision.

Acts 2018 ch. 950, § 1 purported to amend the definition of “premier type tourist resort” with provisions exactly the same as the provisions by Acts 2018, ch. 860, § 3;  therefore, the amendments to this section by ch. 950, § 1 were not given effect.

Amendments. The 2018 amendment by ch. 680 added (WWWW) and (XXXX)  in the definition of “premier type tourist resort”.

The 2018 amendment by ch. 740 added (B) in the definition of “bed and breakfast establishment”; and added (YYYY), (ZZZZ), (AAAAA) and (BBBBB) in the definition of “premier type tourist resort”.

The 2018 amendment by ch. 755 added the definition of “festival operator”.

The 2018 amendment by ch. 785 added (CCCCC) in the definition of “premier type tourist resort”.

The 2018 amendment by ch. 787 added (DDDDD) in the definition of “premier type tourist resort”.

The 2018 amendment by ch. 812 added (P) in the definition of “urban park center”.

The 2018 amendment by ch. 847 added (EEEEE) and (FFFFF) in the definition of “premier type tourist resort”.

The 2018 amendment by ch. 860 added (GGGGG)-(IIIII) in the definition of “premiere type tourist resort”.

The 2018 amendment by ch. 912 added (JJJJJ) and (KKKKK) in the definition of “premiere type tourist resort”.

The 2018 amendment by ch. 950 added (LLLLL) in the definition of “premiere type tourist resort”.

The 2018 amendment by ch. 1010 added (C) and (D) in the definition of “Sports authority facility”.

The 2019 amendment by ch. 91 added (MMMMM) to the definition of  “premier type tourist resort”.

The 2019 amendment by ch. 99 added (E) to the definition of “sports authority facility”.

The 2019 amendment by ch. 363 added (NNNNN) through (RRRRR) to the definition of “premier type tourist resort”; added (I) and (J) to the definition of “community theater”; added (31)(B) to the definition of “retirement center”; added (L) to the definition of “restaurant”; and added (Q) to the definition of “urban park center”.

The 2019 amendment by ch. 377, in the definition of “premises”, in (A)(iii), deleted “a” preceding “national”, and inserted “historic”, inserted “, whether permanently or” in (A)(iv), and added (A)(v); and, in the definition of “restaurant” rewrote (C).

The 2019 amendment by ch. 435, in the definition of “premises”, added the fourth sentence in the undesignated paragraph of (A) and inserted “, or a manufacturer exercising the rights granted to it under §57-3-202(i)(1)” in (28)(C)(i).

The 2020 amendment by ch. 677 added (8)(N) in the definition of “club”.

The 2020 amendment by ch. 700 added (39)(R) in the definition of “urban park center”.

The 2020 amendment, by ch. 797, added (F) in the definition of “sports authority facility”.

The 2020 amendment by ch. 802, in (11), rewrote the former second sentence and deleted the former last sentence in the definition of “commercial passenger boat company”, of which the two sentences read: “Such company shall operate out of any county that has a population in excess of two hundred eighty-five thousand (285,000) or not less than eighty-three thousand three hundred (83,300) nor more than eighty-three thousand four hundred (83,400), according to the 1980 federal census or any subsequent federal census. No commercial passenger boat company licensed pursuant to this chapter shall sell any type of alcoholic beverage or beer while such boat is docked within the boundaries of any local government which has not approved the sale of alcoholic beverages pursuant to §57-4-103;”; added (13)(K) in the definition of “community theater”; added (27)(SSSSS) through  (MMMMMM), in the definition of “premier type tourist resort”; and added (34)(G) in the definition of “sports authority facility”.

Effective Dates. Acts 2018, ch. 680, § 3. April 12, 2018.

Acts 2018, ch. 740, § 5. April 18, 2018.

Acts 2018, ch. 755, § 4. April 18, 2018.

Acts 2018, ch. 785, § 2. April 20, 2018.

Acts 2018, ch. 787, § 2. April 20, 2018.

Acts 2018, ch. 812, § 2. July 1, 2018.

Acts 2018, ch. 847, § 2. April 26, 2018.

Acts 2018, ch. 860, § 4. May 3, 2018.

Acts 2018, ch. 912, § 2. May 1, 2018.

Acts 2018, ch. 950, § 3. May 15, 2018.

Acts 2018, ch. 1010, § 4. May 21, 2018.

Acts 2019, ch. 91, § 2. March 28, 2019.

Acts 2019, ch. 99, § 2. April 8,  2019.

Acts 2019, ch. 363, § 11. May 10, 2019.

Acts 2019, ch. 377, § 4. May 10, 2019.

Acts 2019, ch. 435, § 6. May 22, 2019.

Acts 2020, ch. 677, § 2, June 15, 2020.

Acts 2020, ch. 700, § 2, June 22, 2020.

Acts 2020, ch. 797, § 2. July 15, 2020.

Acts 2020, ch. 802, § 19. July 15, 2020.

Cross-References. Certain 1987 amendments to section inapplicable to certain counties, §57-4-104.

Limitation on selling or giving away alcoholic or malt beverages during certain hours, §57-4-203.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. Discrimination, OAG 89-73 (5/3/89).

Premiere type tourist resorts, licenses, OAG 94-81 (7/22/94).

Nashville and Davidson County arena within definition of “convention center,” OAG 95-016 (3/16/95).

Implementation of Tennessee River Resort District Act, OAG 05-161 (10/18/05).

Licensing and taxation of hotels selling alcohol for consumption on the premises. OAG 16-05, 2016 Tenn. AG LEXIS 3 (2/9/2016).

57-4-103. Applicability of chapter — Referendum — Form of question.

1. 1. This chapter shall be effective in any jurisdiction which authorizes the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106; provided, that, in addition to any other method authorized for holding an election pursuant to § 57-3-106, an election may be held for such sales upon adoption of a resolution by a two-thirds (2/3) vote of the legislative body of a county or municipality.
   2. 1. Except as provided in subdivision (a)(2)(B), if the county election commission receives the necessary resolution or the petition requesting the referendum not less than forty five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to § 2-3-204, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
      2. In counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, if the county election commission receives the necessary petition requesting the referendum not less than thirty (30) days before the date on which an election is scheduled to be held, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
   3. If any county has authorized the sale of alcoholic beverages for sale for consumption off premises pursuant to § 57-3-106, then any municipality wholly or partially within the boundaries of the county may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of the municipality.
   4. 1. If a municipality which has created a tourism development zone as defined in § 7-88-103 has not authorized the sale of alcoholic beverages for consumption on the premises in a referendum, then such municipality is authorized to conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality in accordance with this subdivision (a)(4). Notwithstanding § 57-3-106(c) and (f)(2), the county election commission shall place the question on the ballot of the November 2012, general election; provided, that all costs associated with the referendum election shall be paid for by the municipality to which this subdivision (a)(4) applies.
      2. The question submitted to the voters shall be in the following form for this election:

         For legal sale of alcoholic beverages for consumption on the premises in  (here insert name of political subdivision).

         Against legal sale alcoholic beverages for consumption on the premises in  (here insert name of political subdivision).

   5. When a municipality is located partly within a county that has a metropolitan form of government and the county has approved sales of alcoholic beverages for consumption on the premises and partly within another county that has not approved sales of alcoholic beverages for consumption on the premises, a referendum in the municipality shall be held only in that portion of the municipality located in the county that has not approved sales of alcoholic beverages for consumption on the premises. The referendum result shall not affect the sale of alcoholic beverages for consumption on the premises in the portion of the municipality located in the county having a metropolitan form of government.
   6. If any municipality located in any county having a population of not less than sixty-six thousand two hundred (66,200) nor more than sixty-six thousand three hundred (66,300), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than eight hundred fifty-five (855) nor more than eight hundred sixty-five (865) located within the boundaries of such county may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(13) or § 57-3-106(b)(1). The referendum shall be conducted in the manner prescribed by § 57-3-106.
   7. If any municipality located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than five hundred thirty (530) nor more than five hundred thirty-nine (539), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or § 57-3-106(b)(1). The referendum shall be conducted in the manner prescribed by § 57-3-106.
   8. If any municipality located in any county having a population of not less than forty-one thousand eight hundred (41,800) nor more than forty-one thousand nine hundred (41,900), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than four hundred sixty (460) nor more than four hundred seventy (470), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or § 57-3-106(b)(1). The referendum must be conducted in the manner prescribed by § 57-3-106.
   9. If any municipality located in any county having a population of not less than sixty-six thousand two hundred (66,200) nor more than sixty-six thousand three hundred (66,300), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any municipality having a population of not less than three hundred ten (310) nor more than three hundred nineteen (319), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or § 57-3-106(b)(1). The referendum must be conducted in the manner prescribed by § 57-3-106.
2. At any such election, the only question submitted to the voters shall be in the following form:

   For legal sale of alcoholic beverages for consumption on the premises in  (here insert name of political subdivision).

   Against legal sale of alcoholic beverages for consumption on the premises in  (here insert name of political subdivision).

Acts 1967, ch. 211, § 4; 1971, ch. 59, § 1; 1972, ch. 510, § 1; 1975, ch. 71, §§ 1, 2; 1977, ch. 445, § 1; modified; T.C.A., § 57-164; Acts 1984, ch. 877, § 1; 1987, ch. 456, § 2; 1988, ch. 551, § 1; 1992, ch. 711, § 1; 1993, ch. 518, §§ 18, 21; 1998, ch. 618, § 2; 2005, ch. 262, § 1; 2006, ch. 607, § 1; 2007, ch. 52, § 1; 2008, ch. 778, §§ 1, 2; 2011, ch. 447, §§ 9, 10; 2012, ch. 1035, §§ 1, 2; 2015, ch. 201, § 2; 2018, ch. 692, § 2; 2018, ch. 891, § 2.

Compiler's Notes.  For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2006, ch. 607, § 1 provided that, notwithstanding the provisions of §57-3-106(c) requiring elections to be held at the next regular election of the municipality, the county election commission shall place the question on the ballot of the November 2006 general election; provided, that the municipal governing body of the municipality to which subdivision (a)(4) applies calls for the referendum by July 15, 2006; and provided further, that all costs associated with that referendum election shall be paid for by the calling municipality.

Amendments. The 2018 amendment by ch. 692 added (a)(8).

The 2018 amendment by ch. 891 added (a)(9).

Effective Dates. Acts 2018, ch. 692 § 3. April 9, 2018.

Acts 2018, ch. 891, § 3. May 3, 2018.

Textbooks. Tennessee Jurisprudence, 6A Tenn. Juris., Constitutional Law, § 58.

Law Reviews.

Constitutional Law — Bemis Pentecostal Church v. State: The Validity of Tennessee's Campaign Disclosure Act, 18 Mem. St. U.L. Rev. 324 (1989).

Attorney General Opinions. The 2005 amendment requires that the municipality's governing body act no later than the thirtieth day after the act takes effect. OAG 05-143 (9/20/05).

Consumption of alcoholic beverages on the premises in unincorporated areas of a county, OAG 09-011 (2/3/09).

57-4-104. Applicability of amendments to chapter.

The amendments to §§57-4-101,57-4-102,57-4-201,57-4-203 and57-4-301, made by Chapter 444 of the Public Acts of 1987, shall not apply in counties having a population of:

not less than  nor more than

11,700 11,800

24,590 24,600

34,800 34,900

67,300 67,400

according to the 1980 federal census or any subsequent federal census.

Acts 1987, ch. 444, § 12.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Brown bagging of liquor, OAG 89-113 (9/5/89).

57-4-105. Serving wine at art galleries.

Any art gallery that does not sell food or beverages and that receives ninety percent (90%) of its revenue from the sale of artwork may serve wine to patrons of such art gallery without a charge. Such art gallery shall not serve wine to a patron who is intoxicated or believed to be intoxicated. Notwithstanding any other law to the contrary, any art gallery permitted to serve wine under this section shall not be required to pay any fees or taxes related to the privilege of serving wine.

Acts 2004, ch. 954, § 1.

Attorney General Opinions. Participation of the municipality as a whole is required in a referendum to approve liquor by the drink, OAG 06-113 (7/19/06).

57-4-106. Authority to serve or sell high alcohol content beer if authorized to serve or sell wine.

If a premises is authorized pursuant to this chapter to serve or sell wine only, the premises shall also be authorized to serve or sell high alcohol content beer, as defined in §57-3-101.

Acts 2006, ch. 733, § 7; 2014, ch. 861, § 8; 2019, ch. 435, § 3.

Effective Dates. The 2019 amendment substituted “serve or sell” for “sell” twice.

Effective Dates. Acts 2019, ch. 435, § 6. May 22, 2019.

57-4-107. Sales of alcoholic beverages for consumption on the premises in unincorporated areas of a county.

1. Notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that, by local option election in a county-wide referendum, approves the legal sale of alcoholic beverages for consumption on the premises, if that county has a charter form of government. This section shall apply to any such county that has already approved this referendum prior to June 5, 2009.
2. In addition to the sales of alcoholic beverages authorized pursuant to subsection (a), notwithstanding any other law to the contrary, sales of alcoholic beverages shall be permitted in unincorporated areas of a county that approves the legal sale of alcoholic beverages for consumption on the premises by local option election called and held, in accordance with § 57-3-106(g), in portions of the county lying outside municipalities meeting the requirements of § 57-3-106(g)(1).
3. If a county-wide referendum for the legal sale of alcoholic beverages for consumption on the premises is approved in a county, the sales of alcoholic beverages are permitted in any municipality that participated in the referendum regardless of the minimum population requirement for a municipality in § 57-3-101.

Acts 2009, ch. 351, § 1; 2011, ch. 411, § 1; 2011, ch. 447, § 1; 2017, ch. 147, § 20.

57-4-108. Production, storage and sale of infused alcohol products.

1. As used in this title, “infusion” or “infused product” means any product created from the combining or mixing of an alcoholic beverage with nonalcoholic products or material over a sustained period of time, and at the time of the combination or mixing, the combination or mixture is not intended for immediate consumption.
2. 1. Notwithstanding any law to the contrary, an establishment licensed to sell alcoholic beverages for on-premises consumption pursuant to this part may produce, store and sell infusions pursuant to this section.
   2. The commission may promulgate rules and regulations regarding the production, storage, and sale of infusions by any licensee in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
3. All alcoholic beverages used in the production of an infusion must be purchased from a licensed wholesaler.
4. A batch of infused product shall not:
   1. Contain any added stimulant, drug, or illegal substance; provided, that “added stimulant”:
      1. Means any stimulant used in the production of the infusion that is not naturally contained in any food product or beverage used in the production of the infusion; and
      2. Includes, but is not limited to, caffeine, guarana, ginseng, and taurine and any product or beverage which includes stimulants that are not naturally included in the product or beverage, including, but not limited to, energy drinks;
   2. Be removed or transported from the licensed premises; or
   3. Be infused in, stored in, or dispensed from an original package of liquor or wine, or a container bearing an alcoholic beverage name brand.
5. A batch of infused product shall be labeled with a list of each ingredient contained in the infusion.

Acts 2014, ch. 1001, § 9; 2017, ch. 338, §§ 1, 2.

Compiler's Notes. Former §57-4-108, concerning licenses that may continue to be issued for certain retail sales of alcoholic beverages for off-premises consumption, was transferred to §57-3-219 in 2011 by the code commission.

57-4-109. Tasting of alcohol by qualified student — Criteria — Definitions.

1. A qualified student may taste alcoholic beverages, and the student, the authorized instructor, and the qualified academic institution in which the student is enrolled shall not be subject to criminal prosecution under § 57-5-301, § 57-4-203, § 39-15-404 or title 39, chapter 17, part 7, if all of the following criteria are met:
   1. The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution;
   2. The qualified academic institution has established a bachelor's degree program that is designed to train industry professionals in the production of fermented or distilled food or beverage products;
   3. The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course required for the bachelor's degree; and
   4. The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least twenty-one (21) years of age.
2. Nothing in this section shall be construed to allow a student under twenty-one (21) years of age to receive any alcoholic beverage unless it is delivered as part of the student's curriculum requirements.
3. A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section; provided, that an extra fee or charge is not imposed for the alcoholic beverages being tasted. Any tuition normally charged for a course shall not be considered an extra fee or charge.
4. As used in this section:
   1. “Alcoholic beverage” includes beer as defined in § 57-5-101;
   2. “Qualified academic institution” means a public or private university accredited by a commission recognized by the United States department of education;
   3. “Qualified student” means a student enrolled in a fermentation science degree program at a qualified academic institution who has completed a minimum of sixty (60) hours of coursework; and
   4. “Taste” means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.

Acts 2016, ch. 709, § 1.

57-4-110. Interest of licensed manufacturer in licensed establishment.

1. Notwithstanding any law or rule to the contrary, a manufacturer licensed under § 57-3-202 may have a direct or indirect interest in any establishment licensed pursuant to this part; provided, that such interest is held in an irrevocable trust by an independent trustee.
2. [Deleted by 2019 amendment.]

Acts 2017, ch. 371, § 3; 2019, ch. 94, § 2.

Amendments. The 2019 amendment deleted (b), which read: “This section is deleted on July 1, 2019, and shall no longer be effective on and after such date.”

Effective Dates. Acts 2019, ch. 94, § 3. March 28, 2019.

Part 2 Administration, Enforcement, Prohibited Acts

57-5-101. Traffic in alcoholic beverages of less than eight percent (8%) permitted — Brewers' and wholesalers' interests restricted.

1. 1. It is lawful in this state to transport, store, sell, distribute, possess, receive, or manufacture beer, as defined in subsection (b), subject to the privilege taxes and regulations set out and provided for in this part.
   2. Except as otherwise provided for in this part, no brewer or manufacturer of beer shall have any financial or ownership interest, direct or indirect, in the business of or a building containing a wholesale or retail licensee, including to furnish or loan any fixtures of any kind to a retail licensee, and no such brewer or manufacturer shall hold a wholesale or retail license. For purposes of this section, an indirect interest includes any interest acquired by affiliates, subsidiaries, corporate officials, partners, or employees of the brewer or manufacturer.
   3. Except as otherwise provided for in this part, no wholesaler shall hold any financial or ownership interest, direct or indirect, in the business of or a building containing a brewer, manufacturer, or retail licensee, including to furnish or loan any fixtures of any kind to a retail licensee, and no such wholesaler shall hold a manufacturer or retail license.
2. For purposes of this title, “beer” means beer, ale or other malt beverages, or any other beverages having an alcoholic content of not more than eight percent (8%) by weight, except wine as defined in § 57-3-101; provided, however, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol.
3. 1. Upon meeting necessary federal, state and local license requirements, notwithstanding the prohibition of subsection (a), a manufacturer:
      1. May operate as a retailer at the manufacturer's location or a site contiguous thereto for sales of not more than twenty-five thousand (25,000) barrels of beer or high alcohol content beer or both annually for consumption on or off the premises under this chapter as long as the requirements of this chapter concerning the licensing of such retail establishments are met; and
      2. May qualify for and hold a license:
         1. Under chapter 4 of this title as a “restaurant” or “limited service restaurant”; provided, that notwithstanding chapter 4 of this title related to restrictions or prohibitions on licensees under chapter 4, a restaurant or limited service restaurant may sell for off-premises consumption beer manufactured pursuant to this section at such location or at any other restaurant or limited service restaurant licensed under chapter 4 that is owned by the same person; or
         2. As a hotel as defined under § 57-4-102(21)(F)(iii); provided, that the hotel licensee shall only sell beer manufactured pursuant to this section on the premises of the hotel.
   2. A manufacturer operating as a retailer pursuant to subdivision (c)(1)(A) may not sell its beer directly to retailers that are located in a county other than the county in which the manufacturer is located. Notwithstanding any law to the contrary, any transfer or sale by a manufacturer operating as a retailer to an off-site retailer's location shall constitute a wholesale sale.
4. Notwithstanding the prohibitions and restrictions on a manufacturer's financial and ownership interests imposed in subsection (a), a manufacturer may have a financial or ownership interest in a licensed wholesaler's business; provided, however, that the financial or ownership interest in the licensed wholesaler's business is maintained or held only for a one-time period not to exceed five (5) years, which may not be directly or indirectly extended or renewed, and only under the following circumstances and conditions:
   1. When a licensed wholesaler is voluntarily selling its distribution rights, and the manufacturer whose brand distribution rights are being sold seeks to assist the sale by taking a noncontrolling financial interest in the purchasing wholesaler in the form of a loan made contemporaneous with the sale and secured by the inventory and assets, except for the corporate stock, of the purchasing wholesaler; or
   2. When, only for reasons permitted under § 57-5-505, § 57-5-506, or § 57-5-507, a distribution agreement between a manufacturer and a wholesaler is not renewed or is otherwise terminated, cancelled, or discontinued, in which event a manufacturer is authorized to appoint a temporary licensed wholesaler to service the manufacturer's brands in the designated sales territory and to take a financial or ownership interest in the temporary licensed wholesaler in connection with the appointment.
5. 1. Notwithstanding this section to the contrary, a wholesaler that has continuously held a valid wholesale distribution permit, issued pursuant to this section for a period of at least six (6) months prior to March 27, 2015, and has held a direct or indirect interest in a brewer or manufacturer, continuously during that period of time, and holds a trademark or marketing rights to a brand or brands of beer, may continue to hold the interest, and may expand the interest to effect the brewing, bottling, and sales of beer in which the wholesaler holds the trademark or marketing rights.
   2. It is the intent of the general assembly that this subsection (e) be prospective only and not be applicable to compel the divestiture of trademark or marketing rights or a direct or indirect interest held by a wholesaler for the six-month period prior to March 27, 2015.
6. For purposes of this section, “manufacturer” means:
   1. A holder of a license to manufacture or import beer;
   2. An officer, director, agent, or employee of such a license holder; or
   3. An affiliate of such a license holder, regardless of whether the affiliation is corporate or by management, direction, or control.

Acts 1933, ch. 69, § 1; 1935, ch. 170, § 2; C. Supp. 1950, § 1191.1; T.C.A. (orig. ed.), § 57-201; Acts 1983, ch. 229, § 7; 1990, ch. 906, § 1; 1991, ch. 214, §§ 1, 2; 1992, ch. 800, §§ 1, 2; 1993, ch. 227, § 1; 1993, ch. 297, § 1; 1995, ch. 395, §§ 1-6; 2004, ch. 956, §§ 1, 2; 2005, ch. 298, §§ 2, 3; 2009, ch. 290, §§ 1, 2; 2013, ch. 386, §§ 1, 3; 2014, ch. 861, §§ 2, 17. 2015, ch. 19, §§ 1, 2; 2015, ch. 176, § 1.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Privilege tax on manufacture of intoxicants with alcoholic content of more than five percent, §§57-2-101.

Textbooks. Tennessee Jurisprudence, 7 Tenn. Juris., Contracts, § 117; 16 Tenn. Juris., Intoxicating Liquors, §§ 5, 6, 9, 28.

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.

Attorney General Opinions. Fees for background checks of employees of beer licensees, OAG 97-077 (5/21/97).

A beer manufacturer may operate as a retailer under T.C.A. §57-5-101(c)(1)(A) and at the same time hold a restaurant license pursuant to T.C.A. §57-5-101(c)(1)(B), OAG 00-087 (5/5/00).

If a beer manufacturer holds a restaurant permit under the provisions of title 57, chapter 4, as allowed by T.C.A. §57-5-101(c)(1)(B), it will also be able to obtain a retail beer permit for the restaurant premises, OAG 00-087 (5/5/00).

A beer manufacturer may not sell, give, or otherwise transfer beer to a beer retailer or restaurant that sells beer where the manufacturer has a direct or indirect interest in the retailer or restaurant, OAG 00-087 (5/5/00).

The statute prohibits the sale of beer by a manufacturer at a site it owns that is non-contiguous with its manufacturing facility, OAG 00-087 (5/5/00).

The statute does not allow for different distance standards to be adopted and applied to different types of establishments that sell beer; only one distance standard may be established and it must apply to all establishments selling beer, whether for consumption on or off the premises, OAG 01-157 (10/25/01).

The legality of an exclusive sponsorship agreement whereby an alcoholic beverage manufacturer or other industry member would pay to sponsor an event in exchange for an agreement that the sponsor’s product will be served exclusively at the event would depend on the specific facts of the agreement and the status of the parties to the agreement, including whether the parties are licensed wholesalers or retailers and whether the agreement involves alcoholic beverages or beer. OAG 18-35, 2018 Tenn. AG LEXIS 34 (7/30/2018).

57-5-102. Registration of manufacturers and wholesale distributors.

1. Every person, firm, corporation, joint-stock company, syndicate or association in this state engaging in the manufacture or wholesale distribution of beer shall be required to first register its name and address, by mail or in person, at the office of the commissioner of revenue and to receive and keep posted at its usual place of business a certificate of registration bearing a serial number, which serial number shall be assigned to such person, firm, corporation, joint-stock company, syndicate or association in this state by the commissioner. The registration shall be made and certificate of registration received and posted before commencement of any business as described herein.
2. Cost of such registration is fixed at twenty dollars ($20.00) for wholesalers and forty dollars ($40.00) for manufacturers, to be paid by the applicant before a certificate is issued. Such certificate must be renewed annually on or before January 1, upon the payment of the aforementioned registration fees.
3. Any person required by this section to be registered who shall fail to register with the commissioner within twenty (20) days after entering business, or who shall fail to obtain a renewal of such registration for the current year by January 20 thereof, shall have added to the cost of registration a specific penalty of five dollars ($5.00) a month for each month or fractional part thereof during which such failure continues, but not to exceed an amount equal to the registration fee.
4. The proceeds of these fees shall be divided equally, one-half (½) to the department and one-half (½) to the Tennessee highway patrol, and shall be accredited to the expendable receipts account of such departments in order that same may be available for the purpose of enforcing this chapter.
5. In addition to the specific mandatory penalty provided for hereinabove, any person who shall engage in any business or activity for which a certificate of registration is knowingly required from the commissioner under this chapter without first having obtained such a certificate, or who, having obtained such a certificate, shall continue to engage in and/or conduct such business or activity after such certificate shall have been revoked or who does so during a suspension thereof, shall be liable to a discretionary penalty of not more than one hundred dollars ($100) to be imposed by the commissioner at the commissioner's discretion. Such penalty shall be collected in the manner otherwise provided for the collection of taxes and penalties and distributed in the manner provided hereinabove. Each day that such business or activity is so engaged in or conducted may be deemed a separate offense by the commissioner at the commissioner's discretion upon determination that the circumstances warrant.
6. Every person, firm, corporation, joint-stock company, syndicate or association, before being permitted to store, sell, distribute and/or manufacture beer shall pay such license, and comply with such regulations and ordinances as may be passed by the county courts of the counties and/or enacted by the proper municipal authorities of the cities or towns where such person, firm, corporation, joint-stock company, syndicate or association may do business in the manner hereinafter provided.

Acts 1933, ch. 69, § 5; 1937, ch. 198, § 1; 1943, ch. 53, § 1; mod. C. Supp. 1950, § 1191.5; impl. am. Acts 1959, ch. 9, § 14; Acts 1972, ch. 448, § 1; 1973, ch. 68, § 6; 1974, ch. 478, § 1; T.C.A. (orig. ed.), § 57-202; Acts 1985, ch. 315, § 1; 1993, ch. 297, § 2.

57-5-103. Permit from county or city required — Online sale for curbside pickup — Classification of counties — Purchases of beer “for resale.”

1. 1. It is unlawful to operate any business engaged in the sale, distribution, manufacture, or storage of beer without a permit issued by the county or city where such business is located under the authority herein delegated to counties and cities.
   2. Permits shall be issued to the owner of the business or other entity responsible for the premises for which the permit is sought, whether a person, firm, corporation, joint-stock company, syndicate, association, or local governmental entity where the governing body has authorized such sales of beer.
   3. A permit shall be valid:
      1. Only for the owner to whom the permit is issued and cannot be transferred to another owner. If the owner is a corporation, a change in ownership shall occur when control of at least fifty percent (50%) of the stock of the corporation is transferred to a new owner;
      2. Only for a single location, except as provided in subdivision (a)(4), and cannot be transferred to another location. A permit shall be valid for all decks, patios and other outdoor serving areas that are contiguous to the exterior of the building in which the business is located and that are operated by the business; and
      3. Only for a business operating under the name identified in the permit application.
   4. Where an owner operates two (2) or more restaurants or other businesses within the same building, the owner may in the owner's discretion operate some or all such businesses pursuant to the same permit.
   5. A business can sell beer for both on-premises and off-premises consumption at the same location pursuant to one (1) permit.
   6. A permit holder must return a permit to the county or city that issued it within fifteen (15) days of termination of the business, change in ownership, relocation of the business or change of the business's name; provided, that notwithstanding the failure to return a beer permit, a permit shall expire on termination of the business, change in ownership, relocation of the business or change of the business's name.
   7. In the case of beer wholesalers, as defined in § 57-6-102, no county or city shall require a permit from a wholesaler unless such wholesaler operates a warehouse in such county or city.
   8. Any person, firm, corporation, joint-stock company, syndicate, or association engaged in the sale, distribution, or manufacture of beer without the permit required by this part commits a Class A misdemeanor.
   9. Nothing in this chapter shall be construed as granting counties or cities the authority to require the periodic renewal of beer permits.
   10. After July 1, 2015, a city or county shall not issue a permit under this chapter unless the applicant has been a citizen or lawful resident of the United States for not less than one (1) year immediately preceding the date upon which the application is made to the city or county.
   11. A permit holder may sell beer online for curbside pickup at the permit holder's location. Purchased beer must be delivered to the customer's vehicle, and the vehicle must be located within a paved parking area adjacent to the place of business. Beer sold through an online curbside pickup service must be pulled from the inventory located at the permitted location of the retailer providing the service and may not be pulled from the inventory of another retailer or permitted location. Any employee bringing beer to a vehicle for online curbside pickup must confirm the individual receiving the beer is at least twenty-one (21) years of age.
2. For the purpose of licensing, regulating and controlling the transportation, storage, sale, distribution, possession, receipt and/or manufacture of beer pursuant to this chapter, the counties of the state shall be classified in two (2) categories, one (1) of which is hereby designated Class A counties consisting of those counties not governed by metropolitan governments as defined in § 7-2-101, and the other category is hereby designated Class B counties consisting of those counties governed by metropolitan governments as defined in § 7-2-101.
3. When either “county” or “counties” is used in this chapter, it means counties generally without reference to the classification of counties provided for in this section, and the use of “county” or “counties” shall cause the provision limited by the word “county” or “counties” to apply equally to Class A counties and to Class B counties. When “county legislative body” or “county legislative bodies” is used in this chapter, it means “metropolitan council” or “metropolitan councils” when applicable to Class B counties.
4. 1. It is unlawful for any person to sell, distribute or manufacture beer without having a valid certificate indicating that purchases of beer by that person are “for resale” as that term is used in § 67-6-102(75)(A).
   2. Within ten (10) days after being issued a permit to sell, distribute or manufacture beer, a person shall file with the county or city issuing the permit and with each person from whom the person buys beer a copy of a valid certificate indicating that the purchases of beer are “for resale” as that term is used in § 67-6-102(75)(A), and shall subsequently maintain at all times a valid resale certificate on file with the county or city issuing the permit and with each person from whom the person buys beer.
5. A city or county is authorized to seek criminal history background or fingerprint checks on applicants. Criminal background checks may include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. The Tennessee bureau of investigation is authorized to assess fees for the searches in accordance with the fee schedule established by the bureaus.
6. Notwithstanding any law to the contrary, no city or county shall deny the issuance or renewal of a permit upon the basis that the lease between the business and its municipal landlord includes a provision whereby gross sales, which may include or exclude liquor sales, are considered in the determination of a percentage rent or other rent calculation provision.

Acts 1933, ch. 69, § 9c; C. Supp. 1950, § 1191.12; Acts 1963, ch. 76, § 1; 1965, ch. 321, § 1; 1974, ch. 478, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-204; Acts 1983, ch. 386, § 1; 1987, ch. 254, § 1; 1991, ch. 424, § 1; 1993, ch. 297, § 4; T.C.A., §57-5-104; Acts 1996, ch. 641, § 2; 2009, ch. 314, § 1; 2010, ch. 1002, § 1; 2014, ch. 754, § 1; 2015, ch. 29, § 1; 2018, ch. 944, § 3; 2019, ch. 377, § 3; 2020, ch. 704, § 1.

Compiler's Notes. Former §57-5-103, concerning permits to aliens, was transferred to §57-5-104 in 1993.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 754 took effect on April 21, 2014.

Amendments. The 2018 amendment substituted “local governmental entity” for “governmental entity” in (a)(2).

The 2019 amendment added (f).

The 2020 amendment added (a)(11).

Effective Dates. Acts 2018, ch. 944, § 4. May 15, 2018.

Acts 2019, ch. 377, § 4. May 10, 2019.

Acts 2020, ch. 704, § 2, June 22, 2020.

Cross-References. Penalty for Class A misdemeanor, §40-35-111.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 5-7, 9, 10, 16, 21.

Law Reviews.

Judicial Review and the Uniform Administrative Procedures Act (Toxey H. Sewell), 6 Mem. St. U.L. Rev. 253.

Attorney General Opinions. A clubhouse or restaurant beer permit holder located on a golf course cannot sell beer to individuals on the course itself, away from the building, under any circumstances, OAG 01-117 (7/24/01).

Prohibiting the sale of beer through drive-up windows.  OAG 10-113, 2010 Tenn. AG LEXIS 119 (11/18/10).

As a municipal corporation the city of Clarksville cannot obtain a license to sell liquor by the drink at any location or sell alcoholic beverages or beer to either private party lessees and guests or to the general public; no city employee or nonprofit corporation created or controlled by the city may obtain a permit to sell liquor by the drink or obtain a beer permit on behalf of the city.  OAG 14-03, 2014 Tenn. AG LEXIS 5 (1/9/14)

The durational citizenship/residency requirement imposed by 2015 Tenn. Pub. Acts, Chapter 29 for the issuance of a beer permit is unlikely to pass constitutional muster. OAG 16-09, 2016 Tenn. AG LEXIS 9 (3/4/2016).

57-5-104. Application fee — Privilege tax — Permits.

1. Each applicant for a permit required by § 57-5-103 shall be required to pay an application fee of two hundred fifty dollars ($250) to the county or city in which the applicant's place of business is located. No portion of the fee shall be refunded to the applicant, notwithstanding whether an application is approved or denied.
2. 1. There is hereby imposed on the business of selling, distributing, storing or manufacturing beer in this state a privilege tax of one hundred dollars ($100), notwithstanding § 57-6-112.
   2. Any person, firm, corporation, joint-stock company, syndicate or association engaged in selling, distributing, storing or manufacturing beer shall remit the tax on January 1 to the county or city in which such business is located. The tax shall be remitted to the county clerk for businesses located in the county outside the incorporated limits of any city or town, and to the official identified by the city or town in the notice required by subdivision (b)(3) for businesses located within the incorporated limits of the city or town.
   3. Counties and cities shall mail written notice to each permit holder of the payment date of the annual tax at least thirty (30) days prior to January 1. Notice shall be mailed to the address specified by the permit holder on its permit application. If a permit holder does not pay the tax by January 31 or within thirty (30) days after written notice of the tax was mailed, whichever is later, then the county or city shall notify the permit holder by certified mail that the tax payment is past due. If a permit holder does not pay the tax within ten (10) days after receiving notice of its delinquency by certified mail, then the county or city may suspend or revoke the permit or impose a civil penalty pursuant to § 57-5-108.
   4. Counties, cities or towns may utilize these tax funds for any public purpose.
   5. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date.

Acts 1933, ch. 69, § 9b; C. Supp. 1950, § 1191.11; T.C.A. (orig. ed.), § 57-203; Acts 1989, ch. 591, § 113; T.C.A., §57-5-103; Acts 1993, ch. 297, § 3; 1995, ch. 124, §§ 1, 2; 1996, ch. 641, §§ 3, 4.

Compiler's Notes. Former §57-5-104, concerning county and city alcoholic beverage permits, was transferred to §57-5-103 in 1993.

Attorney General Opinions. Constitutionality, OAG 94-064 (4/28/94).

57-5-105. Licenses or permits to sell outside of town or city limits — Applications — Temporary permits — Hearings.

1. The owner of a business desiring to sell, distribute, manufacture, or store beer in any Class A county outside the limits of any incorporated city or town shall file an application for a permit with the county legislative body or a committee appointed by the county legislative body.
2. In order to receive a permit, an applicant must establish that:
   1. No beer will be sold except at places where such sale will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety and morals, the county legislative body having the right to forbid such storage, sale or manufacture at places within two thousand feet (2,000') of such places of public gatherings in its discretion. Nothing in this subdivision (b)(1) shall apply to places of business that are located in the terminal or main building at public airports serviced by commercial airlines with regularly scheduled flights;
   2. No sale shall be made to minors;
   3. No person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance or controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years;
   4. No person employed by the applicant in such distribution or sale has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance that is listed in Schedules I through V in title 39, chapter 17, part 4, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance analogue, or any crime involving moral turpitude within the past ten (10) years; and
   5. No sale shall be made for on-premise consumption unless the application so states.
3. An applicant shall disclose the following information in the application:
   1. Name of the applicant;
   2. Name of applicant's business;
   3. Location of business by street address or other geographical description to permit an accurate determination of conformity with the requirements of this section;
   4. If beer will be sold at two (2) or more restaurants or other businesses pursuant to the same permit as provided by § 57-5-103(a)(4), a description of all such businesses;
   5. Persons, firms, corporations, joint-stock companies, syndicates, or associations having at least a five percent (5%) ownership interest in the applicant;
   6. Identity and address of a representative to receive annual tax notices and any other communication from the county legislative body or its committee;
   7. That no person, firm, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant nor any person to be employed in the distribution or sale of beer has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten (10) years;
   8. Whether or not the applicant is seeking a permit which would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both of the foregoing. If a holder of a beer permit for either off-premises consumption or on-premises consumption desires to change the permit holder's method of sale, the permit holder shall apply to the county legislative body or committee appointed by such body for a new permit; and
   9. Such other relevant information as may be required by the county legislative body or its committee. An applicant or permit holder shall be required to amend or supplement its application promptly if a change in circumstances affects the responses provided in its application.
4. Any applicant making a false statement in the application shall forfeit such applicant's permit and shall not be eligible to receive any permit for a period of ten (10) years.
5. Any applicant seeking a license or permit under this section and who complies with the conditions and provisions of this section shall have issued to such applicant the necessary license or permit, and in the event the license or permit is refused, the applicant shall be entitled to a hearing on the application for the issuance of a license or permit. The refusal to grant a license or permit, or the refusal to grant a hearing upon a person's application for a license or permit, may be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108.
6. Before any county legislative body or committee appointed by the county legislative body shall issue a license or permit under this section, it may cause to be published in a newspaper of general circulation a notice in which the name of the applicant and the address of the location for such license or permit, whether the application is for the sale of alcoholic beverages for on-premises consumption and the date and time of its meeting at which such application shall be considered. Such meeting shall be a public hearing for the purpose of hearing the statement of any person or such person's attorney on any application for a license or permit.
7. 1. Temporary beer licenses or permits not to exceed thirty (30) days' duration may be issued at the request of the applicant upon the same conditions governing permanent permits. Such a temporary license or permit shall not allow the sale, storage or manufacture of beer on publicly owned property.
   2. Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), in Class B counties and counties having a population in excess of three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census a temporary permit authorizing the sale of beer on public property may be issued to a bona fide charitable or nonprofit or political organization as defined in § 57-4-102, subject to the approval of the appropriate governmental authority charged with the management of such publicly owned property and the approval of the county beer board.
   3. Notwithstanding the prohibition concerning beer sales on publicly owned property in this subsection (g), a county authorized to issue a permit under § 57-5-106(c) may issue a temporary permit authorizing the sale of beer on public property.
8. Where a permit or license has been refused three (3) times, the applicant shall not be allowed to apply again for a permit or license on the same premises until after the expiration of one (1) year from the date of the third refusal and only if the circumstances have substantially changed. Nothing in this subsection (h) shall be construed as prohibiting or in any manner limiting the right of any refusal to be reviewed by the circuit or chancery court in the manner as authorized under § 57-5-108.
9. Class A counties, by resolution of their county legislative bodies, may forbid the sale of beer within three hundred feet (300') of a residential dwelling, measured from building to building; provided, that the owner of the residential dwelling appears in person before the county beer board and objects to the issuance of such permit or license. This subsection (i) shall not apply to locations where beer permits or licenses have been issued prior to the date of adoption of such a resolution by the county legislative body, or to an application for a change in the licensee or permittee at such locations.
10. A county legislative body may impose training or certification restrictions or requirements on employees of a permit holder, but such restrictions or requirements shall not apply to any employee who is possessed of a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title.
11. When a permit or license has been denied based on the testimony of a person at the hearing which caused the county to deny the permit or license, the beer board or other appropriate governing body shall notify the person who testified if the applicant seeks a permit or license again at the same location within twelve (12) months. The person who testified may submit the person's remarks in writing to the beer board or other appropriate governing body at any additional hearing in lieu of making a physical appearance to testify.

Acts 1933, ch. 69, § 10; 1935, ch. 170, § 4; C. Supp. 1950, § 1191.14; Acts 1961, ch. 105, § 1; 1965, ch. 321, § 2; 1968, ch. 517, § 1; 1972, ch. 637, § 1; 1975, ch. 242, § 1; 1975, ch. 363, §§ 1, 2; 1976, ch. 713, § 1; 1977, ch. 340, § 1; 1978, ch. 637, § 1; 1978, ch. 799, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 57-205; Acts 1980, ch. 909, § 1; 1983, ch. 386, §§ 2-5; 1984, ch. 610, § 1; 1987, ch. 74, §§ 1-3; 1993, ch. 297, § 5; 1995, ch. 252, § 1; 1995, ch. 396, § 7; 2004, ch. 598, § 1; 2005, ch. 294, §§ 1, 2; 2012, ch. 848, §§ 61, 62; 2016, ch. 654, §§ 1, 2; 2018, ch. 944, § 2.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2018 amendment added (g)(3).

Effective Dates. Acts 2018, ch.  944, § 4. May 15, 2018.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Attorney General, § 3; 16 Tenn. Juris., Intoxicating Liquors, §§ 2-9, 12, 22; 19 Tenn. Juris., Municipal Corporations, § 52.

Law Reviews.

Constitutional Protection of Aliens, 40 Tenn. L. Rev. 235.

Attorney General Opinions. Whether a public cemetery constitutes a public gathering place, OAG 91-57 (6/10/91).

Public cemetery may constitute a public gathering place, OAG 92-51 (9/16/92).

Distance requirements for beer sales in Washington County, OAG 94-110 (10/6/94).

Authority of board, committee, or individual members to revoke beer permits, OAG 97-060 (5/1/97).

Private day care center as place of public gathering, 98-069 (3/25/98).

Applicability of local beer permit ordinance to liquor-by-the-drink license holders, OAG 99-098 (4/30/99).

The statute does not allow for different distance standards to be adopted and applied to different types of establishments that sell beer; only one distance standard may be established and it must apply to all establishments selling beer, whether for consumption on or off the premises, OAG 01-157 (10/25/01).

A beer board may not revoke a beer permit solely on the basis that the business is located within 2,000 feet of a church, if the church was built after the business was granted the permit, OAG 02-061 (5/8/02).

A county that has enacted an ordinance that prohibits the sale, storage, or manufacture of beer within 2,000 feet of a church, school, or other place of public gathering may amend the ordinance to protect the beer permits of businesses that have places of public gathering built within 2,000 feet of their premises after the issuance of their beer permits, although such an amendment is probably unnecessary, OAG 02-061 (5/8/02).

Different distance requirements for the sale of beer for different sections of a city would be permissible so long as the different sections are well defined and permit holders or permit applicants within each section are treated the same, OAG 02-092 (8/28/02).

If a county legislative body had passed a resolution prohibiting the issuance of a beer permit for locations within two thousand feet of schools, churches, or other places of public gathering, and later issued permits in violation of such distance requirement, could not at a later date readopt such a distance restriction, the effect of which would basically grandfather all such permits without revoking all permits issued in violation of the earlier adopted distance, OAG 04-012 (2/03/04).

A county legislative body may adopt a distance requirement of less than two thousand feet by setting the distance at a point which would basically grandfather all permits issued in violation of an earlier two thousand foot distance, OAG 04-012 (2/03/04).

A Class A county does not have the authority to prohibit the sale of cold beer, iced or mechanically cooled, at convenience stores and grocery stores in the unincorporated areas of the county, OAG 05-024 (3/14/05).

A Class A county does not have the authority to prohibit the sale of cold beer, iced or mechanically cooled, at convenience stores and grocery stores in the unincorporated areas of the county through a private act passed by the General Assembly, OAG 05-024 (3/14/05).

The 300-foot distance under T.C.A. §57-5-105(i) should be measured from the nearest portion of the entire building in which sales of beer occur, OAG 05-144 (9/27/05).

Implementation of beer permit distance requirement.  OAG 10-98, 2010 Tenn. AG LEXIS 108 (9/15/10).

Prohibiting the sale of beer through drive-up windows.  OAG 10-113, 2010 Tenn. AG LEXIS 119 (11/18/10).

Issuance of beer permits near cemeteries.  OAG 12-02, 2012 Tenn. AG LEXIS 7 (1/6/12).

57-5-106. Licensing powers of cities, towns, and Class B counties.

1. All incorporated cities, towns and Class B counties in this state are authorized to pass proper ordinances governing the issuance and revocation or suspension of licenses for the storage, sale, manufacture and/or distribution of beer within the corporate limits of the cities and towns and within the general services districts of Class B counties outside the limits of any smaller cities as defined in § 7-1-101 and to provide a board of persons before whom such application shall be made, but the power of such cities, towns and Class B counties to issue licenses shall in no event be greater than the power herein granted to counties, but cities, towns and Class B counties may impose additional restrictions, fixing zones and territories and provide hours of opening and closing and such other rules and regulations as will promote public health, morals and safety as they may by ordinance provide. The ordinance power granted to a municipality by this subsection (a) does not permit a municipality to establish residency requirements for its applicants. The ordinance power granted to a municipality by this section does not permit a municipality to impose training or certification restrictions or requirements on employees of a permittee if those employees possess a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title.
2. Cities, towns and Class B counties may authorize the sale of beer in the rooms of regularly conducted hotels and motels and in regularly incorporated clubs and lodges.
3. 1. Notwithstanding subsection (a), any county that is the owner of property used as a park that is within the corporate boundaries of a municipality within that county has the exclusive authority to issue, revoke, and suspend licenses for the storage, sale, manufacture, and distribution of beer within the boundaries of the park consistent with the county rules governing the issuance, revocation, and suspension of licenses for other locations in the county, except there is no restriction of distance from residences or churches, schools, or other public gathering places.
   2. This subsection (c) applies only in counties with a population of not less than one hundred seventy-two thousand three hundred (172,300) nor more than one hundred seventy-two thousand four hundred (172,400), according to the 2010 federal census or any subsequent federal census.

Acts 1933, ch. 69, § 10; C. Supp. 1950, § 1191.14; Acts 1965, ch. 321, § 3; T.C.A. (orig. ed), § 57-208; Acts 1981, ch. 377, § 1; 1983, ch. 386, § 6; 1993, ch. 297, § 7; 1993, ch. 451, § 3; T.C.A., §57-5-108; Acts 1995, ch. 396, § 8; 2018, ch. 944, § 1.

Compiler's Notes. Former §57-5-106, concerning bond requirements for alcoholic beverages warehousemen, dealers and manufacturers, was transferred to §57-5-110 in 1993.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2018 amendment added (c).

Effective Dates. Acts 2018, ch.  944, § 4. May 15, 2018.

Cross-References. Prohibited acts, title 57, ch. 5, part 3.

Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 4, 5, 9.

Law Reviews.

Administrative Law — 1964 Tennessee Survey (E. Blythe Stason), 18 Vand. L. Rev. 1047.

Attorney General Opinions. Constitutionality of Dyersburg City ordinance pertaining to beer, OAG 94-120 (10/10/94).

Municipal beer ordinances, OAG 96-020 (2/16/96).

Authority of board, committee, or individual members to revoke beer permits, OAG 97-060 (5/1/97).

A city controls the traffic of beer within its corporate limits by virtue of its permit-issuing power and the ordinances it passes to delineate and enforce this power; a referendum is not necessary to approve beer sales in an incorporated city and the legislature has not given cities the right to conduct such a referendum, OAG 02-092 (8/28/02).

Prohibiting the sale of beer through drive-up windows.  OAG 10-113, 2010 Tenn. AG LEXIS 119 (11/18/10).

57-5-107. Hotels and motels.

1. Any hotel or motel licensed under this chapter and under chapter 4 of this title may dispense beer to adult guests through locked, in-room units.
2. No person under the age of twenty-one (21) shall be issued or supplied with a key by any hotel or motel for such units. Such units may only be located in any such hotel or motel located in municipalities having a population in excess of one hundred thousand (100,000) if the voters of such municipality have approved the consumption of alcoholic beverages on the premises by referendum and in any county in which such municipalities are located if the voters of such county have approved the consumption of alcoholic beverages on the premises by referendum.

Acts 1989, ch. 145, § 2; 1993, ch. 297, § 10; T.C.A., §57-5-111.

Compiler's Notes. Former §57-5-107 (Acts 1933, ch. 69, § 10; 1933, ch. 133, § 1; C. Supp. 1950, § 1191.14; T.C.A. (orig. ed.), § 57-207), concerning bonds of retailers, was repealed by Acts 1986, ch. 676, § 1.

Acts 1989, ch. 145, § 3 provided that the alcoholic beverage commission is authorized to promulgate any rules which may be necessary to implement the provisions of this section.

For tables of populations of Tennessee municipalities, see Volume 13 and its supplement.

Cross-References. Premises on which certain sales and consumption authorized, §57-4-101.

57-5-108. Revocation or suspension of permits or licenses — Civil penalty — Review of orders — Pilot project concerning local and municipal beer boards.

1. 1. 1. Permits or licenses issued under this chapter by any county legislative body or any committee or board created by any county legislative body may be revoked or suspended in accordance with this section by the county legislative body, committee or board which issued the permit or license.
      2. Permits or licenses issued under this chapter by any board or commission created by the metropolitan council of any Class B county may be revoked or suspended in accordance with this section by such board or commission.
      3. Permits or licenses issued under this chapter by the governmental body of any incorporated city, or by any committee or board created by such governmental body may be revoked or suspended in accordance with this section by the governmental body, committee or board which issued the permit or license.
   2. 1. A city, Class A county, or Class B county, or any committee, board, or commission created by these governmental bodies, shall not, pursuant to § 57-5-608, revoke or suspend the permit of a responsible vendor for a clerk's illegal sale of beer to a minor, if the permit or license holder and the clerk making the sale have complied with the requirements of § 57-5-606 as a responsible vendor under this part, but may impose on the responsible vendor a civil penalty not to exceed one thousand dollars ($1,000) for each offense of making or permitting to be made any sales to minors or for any other offense.
      2. The prohibition of subdivision (a)(2)(A) concerning the revocation or suspension of the vendor's permit shall not apply to any vendor who is not a responsible vendor under this part, or to a participating vendor, if the vendor or clerk making a sale to a minor fails to comply with the requirements of § 57-5-606. With respect to such permit or license holder, the committee, board, or commission may, at the time it imposes a revocation or suspension, offer the permit or license holder the alternative of paying a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed one thousand dollars ($1,000) for any other offense.
      3. Permanent revocation of beer permits may only be applied when the permit holder has at least two (2) violations within a twelve-month period.
      4. Revocation of beer permits applies only to that permit holder, or agents of the permit holder, at that location. Revocation of beer permits shall not stay with the property if the property changes hands, nor may a city, Class A county or Class B county, or any committee, board or commission created by these governmental bodies, apply penalties, suspensions or revocations to other beer permits held by the permittee at other locations.
      5. Revocation of a beer permit at one (1) location should not be the sole disqualifying factor when considering the issuance of beer permits at other locations.
      6. If, at any location that has been affected by permanent beer permit revocation, the property changes hands and no longer belongs to the permit holder, or agents of the permit holder, the new property owner may apply to the beer board for release of revocation.
      7. If a civil penalty is offered as an alternative to revocation or suspension, where allowed under subdivision (a)(2)(B), the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. The holder's payment of a civil penalty shall not affect the holder's ability to seek review of the civil penalty pursuant to subsection (d).
   3. A city or county may at any time accept the payment of a civil penalty, not to exceed the amounts set forth in subdivision (a)(2)(B), by a permit or license holder charged with a violation of this chapter, which payment shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the city or county may impose.
2. No permit or license shall be revoked on the grounds the operator or any person working for the operator sells beer to a minor over the age of eighteen (18) years if such minor exhibits an identification, false or otherwise, indicating the minor's age to be twenty-one (21) or over, if the minor's appearance as to maturity is such that the minor might reasonably be presumed to be of such age and is unknown to such person making the sale. The license or permit may be suspended for a period not to exceed ten (10) days or a civil penalty up to one thousand five hundred dollars ($1,500) may be imposed pursuant to subdivision (a)(3). However, this shall not be construed in any way to relieve the minor from liability for making such illegal purchase as provided in § 57-5-301.
3. Such revocation, suspension, or imposition of civil penalty may be made for any violation of any provision of this chapter or whenever it shall satisfactorily appear that the premises of any person, firm or corporation holding a permit or license under this chapter are being maintained and operated in such manner as to be detrimental to public health, safety or morals. The board in considering the suspension or revocation of a license shall consider repeated violations of any local ordinance or state law involving prohibited sexual contact on the premises of an adult oriented establishment.
4. The action of such agency in connection with the issuance of any order of any kind, including the revocation or suspension of a license or permit, imposition of a civil penalty or the refusal to grant a license or permit under §§ 57-5-105, 57-5-106 and this section, may be reviewed by statutory writ of certiorari, with a trial de novo as a substitute for an appeal, the petition of certiorari to be addressed to the circuit or chancery court of the county in which any such order was issued.
5. Immediately upon the grant of the writ of certiorari, the agency revoking or suspending a license or permit or imposing a civil penalty shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause.
6. This section shall be the sole remedy and exclusive method of review of any action or order that may have been issued by any county legislative body, or any committee appointed by any county legislative body, or from any board or commission authorized under §§ 57-5-105 and 57-5-106, including the refusal or failure to grant any license or permit or the imposition of a civil penalty. The Tennessee Rules of Civil Procedure shall be applicable in connection with such review. Any party dissatisfied with the decree of the court may, upon giving bond as required in other cases, appeal, where the cause shall be heard upon the transcript of the records from the circuit court.
7. A judge of any court of record shall have the authority to supersede, stay or enjoin any order of an agency revoking, suspending or imposing a civil penalty made under the authority of this chapter for good cause shown on part of the petitioning party thereof. No circuit or chancery judge shall have the authority to grant any such extraordinary writ except the judge of a court of record to which the petition for certiorari is addressed.
8. If a final judgment is entered by the trial court superseding the revocation or suspension order or order imposing a civil penalty, and the cause is appealed by the agency, the final judgment of the trial court shall remain in force until final appellate disposition of the cause.
9. In instances involving only wholesale beer permits or licenses, or certificates of registration, the order of the agency suspending, revoking or failing to renew such wholesale beer permits or licenses or certificates of registration or imposing civil penalties shall as a matter of law be stayed or superseded, and the order will not be effective until final judicial review, including all available appeals, of the matter. In instances where no appeal is taken or perfected by the wholesaler within the required time as prescribed by law, the order of the agency shall become effective.
10. The remedy provided by this section shall be the only method of reviewing orders of county legislative bodies, governing bodies or municipal corporations, boards or committees revoking or suspending licenses issued under this chapter or imposing civil penalties.
11. Where a permit or license is revoked, no new license or permit shall be issued to permit the sale of beer on the same premises until after the expiration of one (1) year from the date the revocation becomes final and effective. The board, in its discretion, may determine that issuance of a license or permit before the expiration of one (1) year from the date of revocation becomes final is appropriate, if the individual applying for such issuance is not the original holder of the license or any family member who could inherit from such individual under the statute of intestate succession.
12. Powers to suspend, revoke, or impose civil penalties conferred in this section upon county legislative bodies and governmental bodies of incorporated cities and any committees, commissions, or boards created by such bodies and/or governmental bodies are likewise conferred upon the commissioner of revenue as they may relate to certificates of registration and transportation permits issued by the commissioner under this chapter to any licensed brewer, wholesaler or distributor for the failure of any such person to file with the commissioner any report required by this chapter, or for the filing of a false report, or the failure to pay tax due by any such licensee under this chapter and rules and regulations promulgated pursuant thereto, or for the receipt, possession, storage or transportation of beer in violation of this chapter, or any rule and regulation promulgated by the commissioner thereunder, and for no other reason. The remedy provided by this section shall likewise be the only method of reviewing orders of the commissioner revoking or suspending certificates of registration and transportation permits issued under this chapter or imposing civil penalties.
13. Any county, municipal or metropolitan beer board or committee may, at its discretion, revoke or suspend the permit of or impose a civil penalty pursuant to subdivision (a)(3) on any beer retailer within its jurisdiction who is found to possess beer on which the state beer barrelage tax, imposed by § 57-5-201, and the city and county wholesale beer tax, imposed by § 57-6-103, has not been paid. The burden of proof shall be upon the retail beer permit holder to show that the two (2) taxes on the beer in the permit holder's possession have been paid by showing that the beer was purchased from a Tennessee beer wholesaler, which fact shall be shown by the retailer providing a bill of sale or invoice for the beer which shall include the name and address of the wholesaler, the name and address of the retailer, the number of containers of each brand of beer purchased by the retailer, and which shall be signed by the retailer.
14. 1. 1. As a pilot project to terminate July 1, 2014, unless extended by the general assembly, when a local or municipal beer board responsible for controlling the sale of beer or malt beverages within any county included within subsection (p), finds violations, as defined in this chapter, in the sale of beer or malt beverages consumed on-premises of an establishment located within the local or municipal beer board's jurisdiction that result in the beer board suspending the operation of or revoking the permit of the establishment where the violation occurred, the beer board is authorized to notify the executive director of the alcoholic beverage commission by certified mail, return receipt requested, of the action taken by the beer board. Such notice shall include the record of evidence and the determination made by the beer board in suspending or revoking the permit.
       2. Upon receipt of such notice, the executive director of the alcoholic beverage commission shall take the actions required pursuant to § 57-4-202(b) with respect to violations as defined in chapter 4 of this title related to the license for the sale of alcoholic beverages for consumption on the premises at the location where the violation of this chapter occurred.
    2. The suspension or revocation decision of the beer board made pursuant to subdivision (n)(1)(A) is final, and any party aggrieved thereby may appeal the decision of the beer board in accordance with the appeal procedures of this chapter.
15. 1. As a pilot project to terminate July 1, 2014, unless extended by the general assembly, if, pursuant to § 57-4-202(c), the alcoholic beverage commission sends a certified letter, return receipt requested to the local or municipal beer board responsible for controlling the sale of beer or malt beverages within any county included within subsection (p), providing notice that the commission has suspended or revoked the license of an establishment for a violation of chapter 4 of this title, upon receipt of the certified letter, the beer board shall:
       1. Schedule a hearing for the next regularly scheduled meeting of the beer board to be held at least fourteen (14) days following the date the beer board receives the certified letter to provide an opportunity for the permit holder to appear and show cause why the permit to sell beer on the premises should not be suspended or revoked for violations of this chapter based on actions taken by the alcoholic beverage commission pursuant to § 57-4-202(c); and
       2. Notify the individual or business entity, which is listed as the permit holder at the same location where the alcoholic beverage license had been suspended or revoked, of the date and time of the hearing.
    2. If the beer board finds that a sufficient violation or violations of this chapter have occurred at such location, then the beer board shall suspend or revoke the permit to the same extent and at least for the same period of time as the alcoholic beverage commission has suspended or revoked the license of the establishment pursuant to § 57-4-202(c).
    3. If the permit holder fails to appear or decides to surrender the permit to the beer board in lieu of appearing at the hearing, the permit shall be suspended or revoked by the beer board, and no permit to sell beer or malt beverages on the premises shall be issued by the beer board to any person for the location where the alcoholic beverage commission had suspended or revoked the license pursuant to § 57-4-202(c) for the period of time included in the decision of the alcoholic beverage commission.
    4. The decision of the beer board is final, and any party aggrieved thereby may appeal the decision of the beer board in accordance with this chapter.
16. The pilot project established by subsections (n) and (o) shall only apply in counties having a population, according to the 2010 federal census or any subsequent federal census, of:

    not less than  nor more than

    6,800 6,900

    19,100 19,150

    22,600 22,675

    32,200 32,300

    35,600 35,700

    51,400 51,500

    56,800 56,900

    336,400 336,500

    432,200 432,300

Acts 1943, ch. 53, § 3; C. Supp. 1950, § 1191.14; Acts 1961, ch. 105, § 2; 1965, ch. 123, § 1; 1965, ch. 321, § 4; 1969, ch. 56, § 1; 1969, ch. 299, § 1; 1971, ch. 21, § 1; 1973, ch. 68, § 7; 1977, ch. 454, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; impl. am. Acts 1979, ch. 413, §§ 3, 4; T.C.A. (orig. ed.), § 57-209; Acts 1981, ch. 377, §§ 2-9; 1981, ch. 449, § 2; 1984, ch. 1006, § 7; 1985, ch. 315, § 2; 1989, ch. 147, § 6; 1989, ch. 583, §§ 1-4; 1990, ch. 889, § 1; 1993, ch. 297, § 8; 1993, ch. 349, § 1; T.C.A., §57-5-109; Acts 1996, ch. 641, § 1; 2006, ch. 864, § 11; 2012, ch. 742, § 1; 2012, ch. 881, § 1.

Compiler's Notes. This section may be affected by Tennessee Rules of Appellate Procedure.

Acts 1989, ch. 147, § 12 provided that any and all matters filed or pending as of July 1, 1989, shall be disposed of under prior law.

Acts 1989, ch. 583, § 5 provided the amendment by that act applies to the review of any action or order issued on or after July 1, 1989.

Former §57-5-108, concerning the alcoholic beverage licensing powers of cities, towns and class B counties, was transferred to §57-5-106 in 1993.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Eighteen-year-olds, legal responsibility, alcoholic beverage restrictions on persons under 21, §1-3-113.

Intestate succession, title 31, ch. 2.

Prohibited acts, title 57, ch. 5, part 3.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 664.

Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 4, 5, 7, 9, 22; 19 Tenn. Juris., Municipal Corporations, § 52.

Law Reviews.

Judicial Review under the Tennessee Uniform Administrative Procedures Act — An Update (Ben H. Cantrell), 13 Mem. St. U.L. Rev. 589 (1984).

Attorney General Opinions. Constitutionality and applicability, OAG 90-77 (8/13/90).

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 his permit imposed by the local beer board, OAG 01-062 (4/20/01).

A city controls the traffic of beer within its corporate limits by virtue of its permit-issuing power and the ordinances it passes to delineate and enforce this power; a referendum is not necessary to approve beer sales in an incorporated city and the legislature has not given cities the right to conduct such a referendum, OAG 02-092 (8/28/02).

The imposition of fines greater than fifty dollars by a municipal beer board pursuant to T.C.A. §57-5-108(2)(A) does not implicate Tenn. Const., art. VI, § 14, OAG 05-056 (4/20/05).

All disciplinary powers accorded by T.C.A. §57-5-108(2)(A) are constitutionally available to municipal beer boards, OAG 05-056 (4/20/05).

Implementation of beer permit distance requirement.  OAG 10-98, 2010 Tenn. AG LEXIS 108 (9/15/10).

57-5-109. Proximity to schools, residences, churches, places of public gatherings.

1. A city or county shall not suspend, revoke or deny a permit to a business engaged in selling, distributing or manufacturing beer on the basis of the proximity of the business to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location. This section shall not apply if beer is not sold, distributed or manufactured at that location during any continuous six-month period.
2. For the purposes of this section, “on that same location” means within the boundaries of the parcel or tract of the real property on which the business was located. This section applies whether or not a business moves the building on the location and whether or not the business was a conforming or nonconforming use at the time of the move.
3. If a business applies for a beer permit within the continuous six-month period referenced in this section, and if the city or county denies the business a permit and if the business appeals that denial, a new six-month continuous sale period shall begin to run on the date when the appeal of that denial is final.

Acts 1993, ch. 297, § 9; 1997, ch. 560, § 1; 2002, ch. 744, § 1; 2004, ch. 598, § 2.

Compiler's Notes. Former §57-5-109, concerning the revocation of alcoholic beverage permits and licenses, was transferred to §57-5-108 in 1993.

Attorney General Opinions. Distance requirements for beer sales in Washington County, OAG 94-110 (10/6/94).

Loss of grandfathered beer permit status, OAG 98-022 (1/23/98); OAG 98-069 (3/25/98).

A county can reestablish a beer permit distance rule without revoking a permit to sell beer previously issued to a business that does not meet that rule, and the continued existence of such a “grandfathered” permit will not invalidate the reinstatement of the rule or imposition of a new distance rule, OAG 01-157 (10/25/01).

If a county legislative body had passed a resolution prohibiting the issuance of a beer permit for locations within two thousand feet of schools, churches, or other places of public gathering, and later issued permits in violation of such distance requirement, it could not at a later date readopt such a distance restriction, the effect of which would basically grandfather all such permits without revoking all permits issued in violation of the earlier adopted distance, OAG 04-012 (2/03/04).

A county legislative body may adopt a distance requirement of less than two thousand feet by setting the distance at a point which would basically grandfather all permits issued in violation of an earlier two thousand foot distance, OAG 04-012 (2/03/04).

57-5-110. Bonds of warehousemen, dealers and manufacturers — Terms and conditions — Alternative collateral.

1. All persons, firms, corporations, joint-stock companies, syndicates or associations in this state storing, selling, distributing and/or manufacturing beer in this state shall execute a bond securing the payment of the taxes levied, as the state privilege tax, under provisions hereof, the bond to be payable to the commissioner of revenue and to be signed by some solvent surety company residing in or having an office and agent in this state, and to be approved by the commissioner.
2. Such bond shall be conditioned upon and posted to secure the proper payment of all taxes for which the taxpayer may become liable during the taxpayer's initial license period of twelve (12) months, in the minimum penal sum of twenty thousand dollars ($20,000); provided, that after monthly reports have been received by the department which cover the initial three (3) full months of such person's operating experience, the penal sum may, upon written request of the taxpayer, be adjusted to an amount equal to no less than twice the amount of the tax required to be paid by such person per month and shall be determined by averaging such tax over the period of months immediately preceding the adjustment. If, at any time after the initial three (3) months operating experience, the commissioner shall determine the average monthly tax liability of a taxpayer to be greater than twenty thousand dollars ($20,000), the taxpayer shall be required to immediately file a rider to the taxpayer's bond to increase the penal sum of the bond to two (2) times the taxpayer's average monthly tax liability as determined by the commissioner.
3. If, at any time after the execution of the bond, the surety thereon shall become insolvent, the commissioner may require the execution of a new bond with good and solvent surety in the same manner and with the same penalty as aforementioned, and subject to the approval of the commissioner, and any person executing a bond under this chapter may, at any time prior to default under any existing bond, apply to the commissioner for cancellation of the existing bond and for leave to file a new bond with new surety thereon in accordance with the provisions aforementioned, and shall have the right to file such new bond, at such time, by and with the approval of the commissioner.
4. In lieu of a corporate surety on such bond as required by subsection (a), the commissioner may allow the applicant to secure such bond by depositing collateral in the form of a certificate of deposit as accepted and authorized by the banking laws of this state, which has a face value equal to the amount of the bond. Such collateral may be deposited with any authorized state depository designated by the commissioner.
5. 1. If a taxpayer has been in continuous operation for three (3) consecutive years and during the preceding six (6) months has paid the special privilege tax in § 57-5-201(a)(1), for which the taxpayer is liable within the time period for payment set by the statute or rule, then the taxpayer shall not be required to execute and maintain any bond required by this section.
   2. Any taxpayer exempted from the bonding requirement of this section who fails to pay the special privilege tax in § 57-5-201(a)(1), within the time period for payment set by statute or rule shall, upon such failure, be required to execute and maintain a bond as required in this section.

Acts 1933, ch. 69, § 6; C. Supp. 1950, § 1191.6; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 57-206; Acts 1983, ch. 379, §§ 1-3; 1986, ch. 676, § 2; 1988, ch. 519, § 1; 1992, ch. 607, § 1; 1993, ch. 297, § 6; T.C.A., §57-5-106.

Compiler's Notes. Former §57-5-110 (Acts 1980, ch. 771, § 1), concerning alcoholic beverage licensee's responsibility to prominently display sign warning of felonious consequences of carrying weapon onto premises where alcoholic beverages are sold or served, was repealed by Acts 1987, ch. 259, § 1.

Former §57-5-110 was transferred to §57-5-109 in 1993.

57-5-111. Homemade beer.

1. For purposes of this section:
   1. “Beer” has the same meaning as the term is defined in § 57-5-101(b); and
   2. “Homemade,” with respect to the making of beer, means beer made by a person's own efforts and not for a commercial purpose, but does not require that the beer be made in the person's home.
2. 1. No license or permit shall be required under this title for the making of homemade beer, and the possession, transportation, or storage of homemade beer, by any person if all of the following apply:
      1. The person who makes the beer receives no compensation;
      2. The beer is not sold or offered for sale; and
      3. The total quantity of beer made, in a calendar year, by the person and any other person living in the same household does not exceed one hundred gallons (100 gal.) if the household has only one (1) person of legal drinking age or two hundred gallons (200 gal.) if the household has two (2) or more persons of legal drinking age.
   2. A person who makes, possesses, transports, or stores beer in compliance with the limitations specified in subdivision (b)(1) is not a manufacturer of beer for purposes of this chapter.
   3. Any homemade beer in compliance with subdivision (b)(1) that is being transported shall be clearly identified as homemade beer.
   4. Homemade beer made in compliance with the limitations in subdivision (b)(1) may be consumed by the person who made it and the person's family, neighbors, and friends at any private residence or other private location where the possession and consumption of beer is permissible under this chapter, local ordinances, or other applicable law. This subdivision (b)(4) does not apply to licensed premises under this chapter.
3. The use of homemade beer made in compliance with the limitations specified in subdivision (b)(1) is allowed for purposes of exhibition, demonstration, judging, tasting, or sampling or as part of a contest or competition, if the exhibition, demonstration, judging, tasting, sampling, contest, or competition is held at a private residence or on a licensed premises. Homemade beer used for purposes described in this subsection (c), including the submission or consumption of such beer, shall not be considered sold or offered for sale, and any prize awarded at a contest or competition or as a result of an exhibition, demonstration, judging, tasting, or sampling shall not be considered compensation. No fee may be charged for consumption of the homemade beer at the exhibition, demonstration, judging, tasting, sampling, contest, or competition; provided, however, an entrance fee may be charged to persons attending an exhibition, contest, or competition.
4. 1. Notwithstanding any law to the contrary, a person who is not a permit holder under this chapter may, at a private residence, and a person who is a permit holder under this chapter may, on the permitted premises, conduct, sponsor, or host a contest, competition, or other event for the exhibition, demonstration, judging, tasting, or sampling of homemade beer made in compliance with the limitations specified in subdivision (b)(1) if the person does not sell the beer and, unless the person is the maker of the beer, does not acquire any ownership interest in the beer.
   2. No fee may be charged for consumption of homemade beer at the contest, competition, or other event; provided, however, an entrance fee may be charged to persons attending a contest, competition, or other event.
   3. If the contest, competition, or other event is held on a permitted premises, the permit holder may allow the homemade beer to be stored on the premises if the homemade beer is clearly identified and kept separate from any alcoholic beverages or beer owned by the permit holder. Any homemade beer stored on the premises shall be removed within twenty-four (24) hours after the contest, competition, or other event has ended.
5. Any city or county may regulate contests, competitions, or other events for the exhibition, demonstration, judging, tasting, or sampling of homemade beer as described in subsection (d), including requiring a permit for the contests, competitions, or other events.
6. No taxes levied or collected pursuant to this title shall be applicable to any homemade beer made in compliance with subdivision (b)(1).

Acts 2015, ch. 69, § 1.

Compiler's Notes. Former §57-5-111, concerning the sale of beer by hotels and motels to guests, was transferred to §57-5-107 in 1993.

57-5-112. Beer container size — Labeling.

1. Any wholesaler or retailer selling or distributing any product regulated under this chapter in a twenty-five and four-tenths ounce (25.4 oz.) container may distribute such container only if the container has affixed to it a label, printed in at least three-sixteenths inches (3/16") type, which states “flavored beer.” Nothing herein shall be construed to impose upon a brewer or importer the duty to affix the labels required under this subsection (a) prior to sale to a wholesaler.
2. Any retail permittee or licensee under this title which elects to distribute any beer product in a twenty-five and four-tenths ounce (25.4 oz.) container is prohibited from indicating, directly or indirectly, that the product is not a flavored beer product. Any retail permittee or licensee violating this section shall be subject to sanctions imposed by law.

Acts 1997, ch. 560, § 2; 1998, ch. 857, § 1.

57-5-113. Sale of beer allowed any time authorized to sell liquor and wine — Beer permit required.

Any establishment that is permitted to sell liquor or wine for on-premises consumption pursuant to chapter 4 of this title shall be allowed to sell beer at any time the establishment is legally authorized to sell liquor or wine; provided, that the establishment has lawfully obtained a beer permit from the appropriate jurisdiction.

Acts 2011, ch. 27, § 1.

57-5-114. Separate license for distribution of high alcohol content beer not required.

Any wholesale distributor of beer that has a valid wholesale license pursuant to this chapter is not required to obtain a separate license for the distribution of high alcohol content beer from the commission.

Acts 2017, ch. 443, § 4.

Part 2 Taxation