57-3-406 - Regulation of retail sales.
57-3-406. Regulation of retail sales.
(a) No retailer licensed under § 57-3-204 shall, directly or indirectly, operate more than one (1) licensed retail business in this state. Indirectly means any kind of interest in such a retail business by way of stock ownership, loan, partner's interest or otherwise. A landlord shall be deemed to have an indirect interest in such a retail business when the lease agreement is based upon a percentage of profits or any other factor based upon sales of alcoholic beverages by the tenant as distinguished from being simply an interest in land for a period of time at a definite rate.
(b) No retailer shall offer or make any discount in the sale or delivery of liquors in case quantities. No reduction in the standard price per case shall be made for sales in excess of one (1) case.
(c) No retailer shall sell any alcoholic beverages to any person who is visibly intoxicated, nor shall any retailer selling alcoholic beverages sell to any person accompanied by a person who is visibly intoxicated.
(d) No retailer shall sell any alcoholic beverages to a person known to be a minor.
(e) No retailer shall sell or give away any alcoholic beverage between eleven o'clock p.m. (11:00 p.m.) on Saturday and eight o'clock a.m. (8:00 a.m.) on Monday of each week. No retail store shall sell, give away or otherwise dispense alcoholic beverages except between the hours of eight o'clock a.m. (8:00 a.m.) and eleven o'clock p.m. (11:00 p.m.) on Monday through Saturday. The store may not be open to the general public except during regular business hours. Likewise, all retail liquor stores shall be closed for business on Thanksgiving Day and Christmas Day.
(f) No retailer of alcoholic beverages shall keep or permit to be kept upon the licensed premises any alcoholic beverages in any unsealed bottles or other unsealed containers except such open bottles and containers of damaged and unmarketable product retained by the retail licensee for purpose of return to a wholesaler or such open bottles and containers required for conducting a sales demonstration as permitted by § 57-3-404(h).
(g) No retailer as herein defined shall own, store or possess upon the licensed premises any merchandise unless the retailer shall also possess such documentation as prescribed by the commission to demonstrate that the taxes imposed in this chapter have been paid.
(h) No retailer shall sell or give away any alcoholic beverages on the following holidays: Christmas, Thanksgiving, Labor Day, New Year's Day and the Fourth of July.
[Acts 1939, ch. 49, §§ 11, 12; 1943, ch. 99, § 1; 1945, ch. 167, § 8; C. Supp. 1950, §§ 6648.15, 6648.16 (Williams, §§ 6648.14, 6648.15); Acts 1970, ch. 469, § 3; 1970, ch. 518, § 1; T.C.A. (orig. ed.), § 57-142; Acts 1981, ch. 479, § 1; 1984, ch. 746, § 2; 1992, ch. 608, § 8; 1995, ch. 223, § 1; 2002, ch. 672, § 1; 2009, ch. 208, § 1.]