US Lawyer Database

§ 57-9-121. Violation of Preceding Sections — Penalty

Any person violating any of the provisions of this part is guilty of a Class C misdemeanor. Any officer violating the provisions of this part shall also forfeit the office and be ineligible to reappointment or reelection to same for a period of five (5) years.

§ 57-9-201. Beverages Owned, Possessed or Sold by Unlicensed Persons Deemed Contraband — Untaxed Alcoholic Beverages — Seizure and Sale — Vehicles Subject to Confiscation

All alcoholic beverages of more than five percent (5%) alcohol in excess of five gallons (5 gals.) that are owned or possessed by any person in any county of this state, whether or not such county has authorized the sale or distribution of alcohol within its jurisdiction, without the same having been purchased or obtained […]

§ 57-9-202. Procedure for Seizing Contraband Property — Claims — Hearings

In all cases of seizure of any alcoholic beverages or other property subject to forfeiture under the provisions hereof, the officer or other person making the seizure shall proceed as follows: The officer or other person shall deliver to the person, if any, found in possession of such property, a receipt showing a general description […]

§ 57-9-203. Review of Action of Commission — Appeal to Supreme Court

The action of the alcoholic beverage commission may be reviewed by petition for common-law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date the order of the commission is made. Immediately upon the grant of the writ of certiorari the commission […]

§ 57-9-204. Forfeiture of Unclaimed Property — Exclusivity of Remedy

If no claim is interposed, such alcoholic beverages or other property shall be forfeited without further proceedings and the same shall be sold as herein provided. The above procedure is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.

§ 57-9-206. Employees Authorized to Carry Arms — Execution of Search Warrants

Any duly authorized representative or employee of the commission, who has been designated by the commission to enforce this part, is authorized and empowered to go armed, or carry a pistol while on active duty engaged in enforcing this part. Any such duly authorized representative or employee of the commission who has been designated by […]

§ 57-10-101. Proximate Cause

The general assembly hereby finds and declares that the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person.

§ 57-10-102. Standard of Proof

Notwithstanding §57-10-101, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by […]

§ 57-9-114. Determination of Claims to Liquor

Where any person claims an interest in any liquor seized in accordance with this part, the court shall hear and determine the question of the right of such person so claiming an interest in such liquors; but no person shall be deemed to have any property right in any intoxicating liquors transported, received, or possessed […]