57-9-101 - Destruction of liquor and paraphernalia. - Tennessee Statutes

57-9-101. Destruction of liquor and paraphernalia.

(a)  It is the duty of all sheriffs and deputy sheriffs of the different counties of the state and the police officers of each incorporated city and town to search for, seize and capture all illicit distilleries, stills and worms, distilling and fermenting equipment and apparatus and other paraphernalia connected therewith, or used or to be used in the illicit manufacture of intoxicating liquors; raw materials and substances connected with or to be used in the illicit manufacture of intoxicating liquors; and containers connected with or used in the packaging of illicitly manufactured intoxicating liquors.

(b)  It is the duty of such officer or officers to destroy any and all whiskey, beer, or other intoxicants found at or near such distilleries or stills except with respect to intoxicating liquors upon which federal tax has been paid as provided in § 57-9-115.

(c)  It is the duty of such officer or officers capturing such distilleries, stills, distilling and fermenting equipment and apparatus and other paraphernalia, to summarily destroy and render useless such property. Any intoxicants or other articles of personal property destroyed under authority of this section shall be destroyed in the presence of at least two (2) credible witnesses. Within five (5) days after such destruction, the officer destroying such intoxicants or other articles shall file a written statement, listing all items destroyed, signed by the officer destroying and the witness or witnesses thereto, with the circuit or criminal court clerk of the county where seized and, in addition, shall file a copy thereof with the alcoholic beverage commission.

(d)  The reference to sheriffs and deputy sheriffs in this section shall also include constables in counties of this state having a population of:

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according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County.

[Acts 1919, ch. 20, § 1; Shan. Supp., § 6798a19b18; Code 1932, § 11239; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; 1970, ch. 456, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, §§ 1-3; 1971, ch. 231, §§ 1, 2; 1972, ch. 584, § 1; 1972, ch. 672, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293; Acts 1977, ch. 239, § 5; T.C.A. (orig. ed.), § 57-601; Acts 1982, ch. 881, § 1; 1991, ch. 9, § 8; 1992, ch. 973, § 6; Private Acts 1994, ch. 191, § 4; Acts 1996, ch. 553, § 5; 1996, ch. 753, § 5.]