Terms Used In Tennessee Code > Title 57 > Chapter 4 - Consumption of Alcoholic Beverages On Premises

• 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
• Bona fide charitable or nonprofit organization: means any corporation which has been recognized as exempt from federal taxes under §. See Tennessee Code 57-4-102
• Caterer: means a business engaged in offering food and beverage service for a fee at various locations, which:
  (i) Operates a permanent catering hall on an exclusive basis or restaurant. See Tennessee Code 57-4-102
• Civic arts center: means a complex that serves as a community center for the arts and further possesses the following characteristics:
  (A) Has a performance hall with at least one thousand one hundred (1,100) seats. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• Commission: means the alcoholic beverage commission, created pursuant to chapter 1 of this title. See Tennessee Code 57-4-102
• Community theater: means a facility or theater possessing each of the following characteristics:
  (i) The community theater is at least eight (8) years old. See Tennessee Code 57-4-102
• Contract: A legal written agreement that becomes binding when signed.
• Convention center: means a facility possessing each of the following characteristics:
  (i) 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. See Tennessee Code 57-4-102
• 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:
  (A) Sits on real property that was formerly the home of the International Printing Pressmen Union. See Tennessee Code 57-4-102
• Distillery: means and includes any place or premises wherein any liquors are manufactured for sale. See Tennessee Code 57-3-101
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• facility: includes any location within the property designated by the licensee. See Tennessee Code 57-4-102
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• 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. See Tennessee Code 57-4-102
• Food hall: means a public place:
  (i) 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. See Tennessee Code 57-4-102
• gallons: means a wine gallon or wine gallons, of one hundred and twenty-eight ounces (128 oz. See Tennessee Code 57-3-101
• Gift: means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received. See Tennessee Code 57-3-101
• 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 §. See Tennessee Code 57-3-101
• 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:
  (i) Was built in 1824 and was formerly the oldest continuously operating inn in Tennessee. See Tennessee Code 57-4-102
• Historic interpretive center: means a facility possessing each of the following characteristics:
  (i) The center is located in an historic area of town where structures listed on the national register of historic places are located. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• Historic performing arts center: means a facility possessing each of the following characteristics:
  (i) 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. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-108
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• 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
• Limited service restaurant: means a facility possessing each of the following characteristics:
  (A) 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:

  (i) Alcoholic beverages, beer or wine are served to patrons. See Tennessee Code 57-4-102
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Manufacture: means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery. See Tennessee Code 57-3-101
• Manufacturer: means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier. See Tennessee Code 57-3-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Motor speedway: means a motor sports facility that possesses the following characteristics:
  (i) 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. See Tennessee Code 57-4-102
• Municipality: means an incorporated town or city having a population of:
  (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census. See Tennessee Code 57-3-101
• 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:
  (i) The museum is at least fifty (50) years old. See Tennessee Code 57-4-102
• Paddlewheel steamboat company: includes a paddlewheel steamboat company that possesses the following characteristics:
  (a) Has its principal dock located on the Cumberland River at Pennington Bend. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• premier type tourist resort: means :
  (A)

  (i) A commercially operated facility that:

  (a) Was established in 1962. See Tennessee Code 57-4-102
• prime licensee: means the licensee under this subdivision (28)( ) that has the right to serve alcohol in at least one-half (1/2) of the building. See Tennessee Code 57-4-102
• 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) 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. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• Retailer: means any person who sells at retail any beverage for the sale of which a license is required under this chapter. See Tennessee Code 57-3-101
• Retirement center: means a facility that contains each of the following characteristics:
  (i) 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. See Tennessee Code 57-4-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Special historic district: means any area with specific boundaries that possesses the following characteristics:
  (i) Was organized pursuant to a municipal urban planning and development board. See Tennessee Code 57-4-102
• Special occasion license: means a license which the commission may issue to a bona fide charitable, nonprofit or political organization. See Tennessee Code 57-4-102
• Sports authority facility: means a facility possessing the following characteristics:
  (i) The facility is owned or operated by a sports authority established under title 7, chapter 67, a public building authority or a governmental entity. See Tennessee Code 57-4-102
• 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. See Tennessee Code 57-4-102
• 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 §. See Tennessee Code 57-4-102
• 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:
  (A) 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 §. See Tennessee Code 57-4-102
• Theater: means any establishment in which motion pictures are exhibited to the public regularly for a charge. See Tennessee Code 57-4-102
• Urban park center: means a facility or designated area possessing the following characteristics:
  (i) The center is owned, operated, or leased by a municipal or county government, or any agency or commission thereof. See Tennessee Code 57-4-102
• Venue: The geographical location in which a case is tried.
• Wholesaler: means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter. See Tennessee Code 57-3-101
• 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. See Tennessee Code 57-4-102
• 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:
  (i) The zoo is owned, operated, or leased by a municipal or county government. See Tennessee Code 57-4-102