ON APRIL 8, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2129, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, make the changes described below to the present law regarding intoxicating liquors starting January 1, 2025.
PROHIBITION AGAINST WINE SALES TO MINORS
Present law prohibits a retail food store wine license holder engaging in the business regulated under the law regarding sale of wine in retail food store, or any employee thereof, from making or permitting to be made any sales to minors. Prior to making a sale of wine for off-premises consumption, the adult consumer must present to the license holder or any employee of the license holder a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder that includes the photograph and birth date of the adult consumer attempting to make a wine purchase. Persons exempt under state law from the requirement of having a photo identification must present identification that is acceptable to the license holder. The license holder or employee must make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of wine for off-premises consumption must be made to a person who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, for a violation if the sale was made to a person who is or reasonably appears to be over 50 and who failed to present an acceptable form of identification. A violation of above provisions is a Class A misdemeanor.
This amendment adds to the present law by clarifying that as used in the above present law, "other form of identification" includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a license holder for the purpose of aiding the employee in determining whether or not the person is at least 21 when such person desires to purchase alcoholic beverages procured from a license holder if the system demonstrates that (i) the adult consumer is at least 21; and (ii) the adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make a wine purchase.
PROHIBITION AGAINST BEER SALES TO MINORS
Present law prohibits a permit holder engaging in the business regulated under the law relevant to beer or any employee thereof from making or permitting to be made any sales to minors or persons visibly intoxicated. Prior to making a sale of beer for off-premise consumption, the adult consumer must present to the permit holder, or any employee of the permit holder, a valid, government-issued document, such as a driver’s license, or other form of identification deemed acceptable to the permit holder, that includes the photograph and birth date of the adult consumer attempting to make a beer purchase. Persons exempt under state law from the requirement of having a photo identification must present identification that is acceptable to the permit holder. The permit holder or employee must make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of beer for off-premises consumption must be made to a person who does not present such a document or other form of identification to the permit holder or any employee of the permit holder; however, it is an exception to any criminal punishment or adverse administrative action, including license suspension or revocation, as provided for a violation if the sale was made to a person who is or reasonably appears to be over 50 years of age and who failed to present an acceptable form of identification. Responsible vendors must post signs on the vendor’s premises informing customers of the vendor’s policy against selling beer to underage persons. Neither the person engaging in such business nor persons employed by that person must be a person who has been convicted of any violation of the laws against possession, sale, manufacture and transportation of intoxicating liquor or any crime involving moral turpitude within the 10 years. A violation of these provisions is a Class A misdemeanor.
This amendment adds to the present law by clarifying that as used in the above present law, "other form of identification" includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a permittee for the purpose of aiding the employee in determining whether or not the person is at least 21 when such person desires to purchase beer procured from a permittee if the system demonstrates that (i) the adult consumer is at least 21; and (ii) the adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make a beer purchase.
REGULATION OF RETAIL SALES
Present law prohibits a retailer or any employee thereof from making or permitting to be made any sales of alcoholic beverages or beer to minors. Prior to making a sale of alcoholic beverages for off-premises consumption, the adult consumer whose physical appearance does not reasonably demonstrate an age of 50 or older must present to the retailer or any employee of the retailer a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the retailer that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage purchase. Persons exempt under state law from the requirement of having a photo identification must present identification that is acceptable to the retailer. The retailer or employee must make a determination from the information presented whether the purchaser is an adult. In addition to the prohibition of making a sale to a minor, no sale of alcoholic beverages for off-premises consumption must be made to a person whose physical appearance does not reasonably demonstrate an age of 50 or older who does not present such a document or other form of identification to the license holder or any employee of the license holder in a face-to-face transaction. A violation of these provisions is a Class A misdemeanor.
This amendment adds to the present law by clarifying that as used in the above present law, "other form of identification" includes a secure identity verification system that uses an electronic scan of a unique physical characteristic identifiable to the individual that is used by a retailer for the purpose of aiding the employee in determining whether or not the person is at least 21 when such person desires to purchase alcoholic beverages or beer procured from a retailer if the system demonstrates that (i) the adult consumer is at least 21; and (ii) the adult consumer had previously registered with a secure identity verification system provider a valid, government-issued document that includes the photograph and birth date of the adult consumer attempting to make an alcoholic beverage or beer purchase.
RULEMAKING
This amendment authorizes the Tennessee Alcoholic Beverages Commission to promulgate rules to effectuate this amendment.

Statutes affected:
Introduced: 57-3-1103
Amended with SA0889 -- 04/08/2024: 57-3-1103, 57-3-808, 57-5-301(a), 57-5-301, 57-3-406(d), 57-3-406