# Tenn. Code Ann. § 57-5-109: Proximity to schools, residences, churches, places of public gatherings

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-109

## Section

- **Citation:** Tenn. Code Ann. § 57-5-109
- **Heading:** Proximity to schools, residences, churches, places of public gatherings
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 57 / Chapter 5 / Section 57-5-109

## Text

(a) A city or county shall not suspend, revoke or deny a permit to a business engaged in selling, distributing or manufacturing beer on the basis of the proximity of the business to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location. This section shall not apply if beer is not sold, distributed or manufactured at that location during any continuous six-month period. (b) For the purposes of this section, "on that same location" means within the boundaries of the parcel or tract of the real property on which the business was located. This section applies whether or not a business moves the building on the location and whether or not the business was a conforming or nonconforming use at the time of the move. (c) If a business applies for a beer permit within the continuous six-month period referenced in this section, and if the city or county denies the business a permit and if the business appeals that denial, a new six-month continuous sale period shall begin to run on the date when the appeal of that denial is final. Acts 1993, ch. 297, § 9; 1997, ch. 560, § 1; 2002, ch. 744, § 1; 2004, ch. 598, § 2.
(a) A city or county shall not suspend, revoke or deny a permit to a business engaged in selling, distributing or manufacturing beer on the basis of the proximity of the business to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location. This section shall not apply if beer is not sold, distributed or manufactured at that location during any continuous six-month period.
(b) For the purposes of this section, "on that same location" means within the boundaries of the parcel or tract of the real property on which the business was located. This section applies whether or not a business moves the building on the location and whether or not the business was a conforming or nonconforming use at the time of the move.
(c) If a business applies for a beer permit within the continuous six-month period referenced in this section, and if the city or county denies the business a permit and if the business appeals that denial, a new six-month continuous sale period shall begin to run on the date when the appeal of that denial is final.
Acts 1993, ch. 297, § 9; 1997, ch. 560, § 1; 2002, ch. 744, § 1; 2004, ch. 598, § 2.

## Nearby sections

- [Tenn. Code Ann. § 57-5-101 Traffic in alcoholic beverages of less than eight percent (8%)](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-101.md)
- [Tenn. Code Ann. § 57-5-102 Registration of manufacturers and wholesale distributors](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-102.md)
- [Tenn. Code Ann. § 57-5-103 Permit from county or city required - Online sale for curbside pickup - Classification of counties - Purchases of beer "for resale."](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-103.md)
- [Tenn. Code Ann. § 57-5-104 Application fee - Privilege tax - Permits](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-104.md)
- [Tenn. Code Ann. § 57-5-105 Licenses or permits to sell outside of town or city limits - Applications - Temporary permits - Hearings](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-105.md)
- [Tenn. Code Ann. § 57-5-106 Licensing powers of cities, towns, and Class B counties](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-106.md)
- [Tenn. Code Ann. § 57-5-107 Hotels and motels](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-107.md)
- [Tenn. Code Ann. § 57-5-108 Revocation or suspension of permits or licenses - Civil penalty - Review of orders - Pilot project concerning local and municipal beer boards](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-108.md)
- [Tenn. Code Ann. § 57-5-109 Proximity to schools, residences, churches, places of public gatherings](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-109.md)
- [Tenn. Code Ann. § 57-5-110 Bonds of warehousemen, dealers and manufacturers - Terms and conditions - Alternative collateral](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-110.md)
- [Tenn. Code Ann. § 57-5-111 Homemade beer](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-111.md)
- [Tenn. Code Ann. § 57-5-112 Beer container size - Labeling](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-112.md)
- [Tenn. Code Ann. § 57-5-113 Sale of beer allowed any time authorized to sell liquor and wine - Beer permit required](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-113.md)
- [Tenn. Code Ann. § 57-5-114 Separate license for distribution of high alcohol content beer not required](https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T57_C5_S57-5-109. Check the current official text before relying on it. Not legal advice.