Tennessee Code Annotated
Tenn. Code Ann. § 57-3-304 (2026)
Sale or possession of untaxed alcoholic beverages unlawful
✓ current as of May 2026
- (a) No alcoholic beverages in retail containers shall be sold for eventual retail sale or distribution by gift or retail sale in the state unless the taxes imposed under this part are paid. No retail outlet or unlicensed individual shall purchase or have in its possession any alcoholic beverages unless the taxes imposed under this part are paid.
- (b) Any person possessing alcoholic beverages in excess of five gallons (5 gals.) shall have the burden of proof that such beverages were purchased from a licensed retailer or retail food store licensed to sell wine pursuant to part 8 of this chapter and that all taxes imposed by this part have been paid.
- (c) It is unlawful for any person, dealer, distributor, or manufacturer, to sell, offer for sale, display for sale, barter, exchange or give away any alcoholic beverage, or any container thereof, in this state, without having first paid, in the manner prescribed by the commission, the tax provided in §§ 57-3-302 and 57-3-303.
- (d) A violation of this section is a Class C misdemeanor.
Amended by 2014 Tenn. Acts, ch. 554,s 3, eff. 7/1/2014.
Acts 1939, ch. 49, § 13; C. Supp. 1950, § 6648.19 (Williams, § 6648.16); impl. am. Acts 1963, ch. 257, § 34; T.C.A. (orig. ed.), § 57-133; Acts 1989, ch. 591, § 113; 1992, ch. 608, § 5; 2009, ch. 434, § 5.
Notes of Decisions
Cited in 1
case, 2007–2007 · leading case: Jelovsek v. Bresden, 482 F. Supp. 2d 1013 (E.D. Tenn. 2007).
Jelovsek v. Bresden, 482 F. Supp. 2d 1013 (E.D. Tenn. 2007). “…quantities of wine directly from out-of-state wineries” (Case No. 2:06-CV-149, Court File No. 7, p. 2) (citing Tenn.Code Ann. § 57-3-304.)”
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