57-6-109 - Breakage and shortage adjustments only at time of delivery Quality control.
57-6-109. Breakage and shortage adjustments only at time of delivery Quality control.
(a) In order to accurately determine the tax to be paid, no wholesaler shall make any reduction or adjustment for loss due to shortages or damaged or broken containers, except for the actual loss from the time the beer leaves the brewery until it is delivered to the retailer.
(1) Such reductions or adjustments shall not exceed one half of one percent (.5%) of the total monthly purchases of each wholesaler, except in cases of fire, storms, acts of God or unavoidable accidents.
(2) Any claims in excess of one half of one percent (.5%) must be substantiated by sworn statements of at least two (2) witnesses or persons otherwise familiar with the facts concerning such loss.
(3) Any and all claims for such credits may be disapproved by the department of revenue.
(b) All beer shall be inspected and accepted by the retailer or the retailer's representative at the time of delivery and no adjustment or refund for damage, breakage or shortage shall be made by any wholesaler subsequent to the time of delivery to the retailer. A wholesaler may determine that beer sold to a retailer does not conform to quality control standards. Upon making that determination, the wholesaler may provide the retailer with replacement beer in exchange for the beer that no longer conforms to quality control standards, if the tax paid on the total amount of replacement beer is equal to the tax credit received on the beer being returned by the retailer.
(c) A wholesaler may purchase full case lots of beer previously sold to a retailer by the wholesaler at the price at which the beer was sold to the retailer:
(1) Upon determination by a county or municipality that:
(A) A retailer has surrendered or abandoned its permit to sell beer;
(B) A retailer's permit to sell beer has been revoked; or
(C) A retailer's permit to sell beer has been suspended for more than thirty (30) days; or
(2) When a retailer has in good faith discontinued business for more than thirty (30) days.
[Acts 1953, ch. 76, § 11 (Williams, § 1051.28); Acts 1968, ch. 628, § 1; T.C.A. (orig. ed.), § 57-311; Acts 1988, ch. 466, § 2; 1990, ch. 626, § 1.]