(a) A vendor who seeks certification as a responsible vendor shall provide to the commission, pursuant to procedures adopted by the commission, evidence of compliance with the requirements of this part. Upon satisfactory proof that the vendor has complied with the requirements, the commission shall certify the vendor as a responsible vendor. Certification as a responsible vendor shall be renewed every year. Responsible vendors may have their own training programs certified, or send their employees to any training program certified by the commission.
Terms Used In Tennessee Code 57-5-605
Beer board: means any entity issuing beer permits for off-premise consumption, pursuant to part 1 of this chapter. See Tennessee Code 57-5-603
beverage: means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in §. See Tennessee Code 57-3-101
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Responsible vendor: means a vendor that has received certification from the commission pursuant to this part. See Tennessee Code 57-5-603
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Vendor: means a person, corporation or other entity that has been issued a permit to sell beer for off-premise consumption. See Tennessee Code 57-5-603
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The commission shall adopt rules and regulations for monitoring compliance by responsible vendors and for revoking or suspending a responsible vendor’s certification for noncompliance with this part.(c) The commission is authorized to monitor and enforce compliance with this part. The commission may impose fines on responsible vendors whose training programs fail to satisfy or maintain the requirements of this part or commission rules. The commission may further impose fines on vendors who hold themselves out as being a responsible vendor when in fact they do not hold that status. The commission may also impose fines on responsible vendors who willfully fail to comply with the requirements of this part.(d) Determination of compliance with the responsible vendor program is the sole province of the commission.(e)(1) As used in this subsection (e), “beer board” means the local legislative body or committee appointed by the local legislative body having authority to issue licenses or permits under this chapter.(2) To the extent the beer board has access to the information required pursuant to this subsection (e), the beer board shall file with the alcoholic beverage commission an annual statistical report by February 1 of each year based on the previous calendar year’s information detailing the following:
(A) The total number of beer permits or licenses issued by the beer board for off-premises consumption;(B) The number of violations for the sale of beer for off-premises consumption to a person under twenty-one (21) years of age resulting from:
(i) A “sting” conducted pursuant to § 39-15-413; and(ii) Arrests made under conditions not related to a “sting”;(C) Whether the violation of subdivision (B) occurred at an establishment participating in the responsible vendor program;(D) Whether if a “sting” was conducted pursuant to § 39-15-413 at an establishment participating in the responsible vendor program, the underage person used in the “sting” was unsuccessful in making the purchase;(E) The type and number of violations other than the sale of beer for off-premises consumption to a person under twenty-one (21) years of age occurred at establishments selling beer for off-premises consumption;(F) The name of the license or permit holder at the location where the violation occurred; and(G) The specific penalty imposed by the beer board for each violation upon a finding that a violation occurred.(3) The alcoholic beverage commission shall compile the statistical information received from the beer boards and file a report with the state and local government committee of the senate and the state government committee of the house of representatives by March 15 of the year in which the report is received, together with recommendations for legislative changes related to the responsible vendor program, if any are recommended by the commission.(4) The report made pursuant to subdivision (3) shall be made available by the alcoholic beverage commission to any person filing a written request for a copy of the report.
