(a) As used in this section, “alcohol vaporizing device” means any device, machine or process that, by means of heat, a vibrating element or any other method, mixes spirits, liquor or other alcoholic product with pure oxygen or other gas to produce a vaporized product that is dispensed for inhalation into the lungs through the nose or mouth.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class E felony1 to 6 yearsup to $3,000
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 57-4-205

  • 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 §. See Tennessee Code 57-4-102
  • License: means the license issued pursuant to this chapter. See Tennessee Code 57-3-101
  • Licensee: means any person to whom such license has been issued pursuant to this chapter. See Tennessee Code 57-3-101
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) No licensee shall sell, deliver, or give away, or permit to be sold, delivered, or given away, any alcoholic beverage for dispensation by means of an alcohol vaporizing device.
(c) No licensee shall bring, keep, maintain or use, or permit another to bring, keep, maintain or use, an alcohol vaporizing device on the licensed premises, or on any area related to the licensed business over which the licensee exercises control or for which the licensee is responsible.
(d)

(1) A first violation of this section is a Class A misdemeanor and is grounds for suspension of the licensee’s license, for a period not to exceed sixty (60) days.
(2) A second violation of this section is a Class A misdemeanor and shall result in the suspension of the licensee’s license, for a period of not less than thirty (30) days nor more than ninety (90) days.
(3) A third or subsequent violation of this section is a Class E felony and shall result in suspension of the licensee’s license, for a period of one (1) year.
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