SB0384112th GA (Historical)Introduced

Amends TCA Title 57.

ON MARCH 24, 2022, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 384, AS AMENDED. AMENDMENT #2 rewrites this bill and revises provisions governing the sale of wine and alcoholic beverages at retail, as follows: (1) Generally under present law, the Unfair Wine Sales Law and the Intoxicating Liquor Sales Law make it a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, wine or intoxicating liquor, as applicable, at less than cost to the retailer. The Laws do not apply to certain sales at retail, including such sales where wines or intoxicating liquors are closeouts and case discounts; or such other occasional discounts as defined by the commission. This amendment removes case discounts from the exceptions from application of the Laws and limits the other occasional discounts so that the discount may not exceed the cost to the retailer; and (2) Present law provides that the laws governing the retail sale of alcoholic do not prohibit a retailer from offering a discount in such manner as the retailer deems appropriate as long as the discount being offered is not below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler. This amendment specifies that for purposes of this provision "cost to the retailer" has the same meaning as defined under the Intoxicating Liquor Sales Law, which is the basic cost of intoxicating liquor to the retailer plus the cost of doing business by the retailer. The provisions of this amendment take effect January 1, 2023.

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Overview

ON MARCH 24, 2022, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 384, AS AMENDED. AMENDMENT #2 rewrites this bill and revises provisions governing the sale of wine and alcoholic beverages at retail, as follows: (1) Generally under present law, the Unfair Wine Sales Law and the Intoxicating Liquor Sales Law make it a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, wine or intoxicating liquor, as applicable, at less than cost to the retailer. The Laws do not apply to certain sales at retail, including such sales where wines or intoxicating liquors are closeouts and case discounts; or such other occasional discounts as defined by the commission. This amendment removes case discounts from the exceptions from application of the Laws and limits the other occasional discounts so that the discount may not exceed the cost to the retailer; and (2) Present law provides that the laws governing the retail sale of alcoholic do not prohibit a retailer from offering a discount in such manner as the retailer deems appropriate as long as the discount being offered is not below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler. This amendment specifies that for purposes of this provision "cost to the retailer" has the same meaning as defined under the Intoxicating Liquor Sales Law, which is the basic cost of intoxicating liquor to the retailer plus the cost of doing business by the retailer. The provisions of this amendment take effect January 1, 2023.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 3, 2021

Subjects
01105260

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