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TCA 57-3-304

Sale or possession of untaxed alcoholic beverages unlawful

MISDEMEANOR CClass C Misdemeanor
Sentence enhancement may apply

What does this charge mean?

Sale or possession of untaxed alcoholic beverages unlawful — Class C misdemeanor. Up to 30 days in jail and $50 fine. Penalty may be enhanced for prior offenses or aggravating factors.

Penalty Details

ClassificationClass C Misdemeanor
Maximum Jail30 days
Maximum Fine$50
Penalty SummaryClass C misdemeanor; 30 days; fine up to $50
(a) No alcoholic beverages in retail containers shall be sold for eventual retail sale or distribution by gift or retail sale in the state unless the taxes imposed under this part are paid. No retail outlet or unlicensed individual shall purchase or have in its possession any alcoholic beverages unless the taxes imposed under this part are paid. (b) Any person possessing alcoholic beverages in excess of five gallons (5 gals.) shall have the burden of proof that such beverages were purchased from a licensed retailer or retail food store licensed to sell wine pursuant to part 8 of this chapter and that all taxes imposed by this part have been paid. (c) It is unlawful for any person, dealer, distributor, or manufacturer, to sell, offer for sale, display for sale, barter, exchange or give away any alcoholic beverage, or any container thereof, in this state, without having first paid, in the manner prescribed by the commission, the tax provided in §§ 57-3-302 and 57-3-303. (d) A violation of this section is a Class C misdemeanor.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

MISDEMEANOR C
TCA Section57-3-304
Max Jail30 days
Max Fine$50