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57-5-401 - Transportation of beer and light alcoholic beverages into state Documents required Carrier's tax liability.

57-5-401. Transportation of beer and light alcoholic beverages into state Documents required Carrier's tax liability.

(a)  Any person engaged in transporting any beer and/or other such beverages from any point outside of this state to any point within this state shall possess during the entire time engaged in transporting such beverages in this state an invoice, bill of sale, or bill of lading, showing the true name and address of the consignor, the true name and address of the licensed brewery, wholesaler or distributor to whom such beverages are to be delivered, and the quantity of such beverages, except a common carrier maintaining a permanent office within this state where complete records of all beer and/or other such beverages transported from without this state are kept and open to inspection by the commissioner or the commissioner's duly authorized agent at all reasonable times.

(b)  When any common carrier transporting beer or other beverage of alcoholic content of not more than five percent (5%) by weight to a point within this state or any insurance company insuring such products comes into possession of such products by virtue of the same being damaged or otherwise unaccepted by the consignee of such product, such common carrier or insurance company shall become liable for the tax imposed under this chapter, unless proof deemed satisfactory to the commissioner is furnished to the commissioner by such carrier or insurance company showing that such products have been destroyed or shipped to a point without this state and, therefore, have not been sold or consumed in this state. The imposition of liability for the tax under the circumstances as hereinabove stated shall not be construed as authorizing the sale of such products in this state by either common carriers or insurance companies unless otherwise licensed to do so.

[Acts 1969, ch. 299, § 3; 1973, ch. 6, § 2; T.C.A., § 57-224; Acts 1990, ch. 617, §§ 2, 3.]  

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