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Tennessee’s carding laws can be more confusing than a round of shots at the bar. Here’s what you need to know about carding laws in Tennessee and the best practices for staying out of trouble with the Tennessee ABC and local beer boards.

Tennessee law has different carding requirements for different liquor and THC licenses. One license requires you card everyone. You don’t need to card anyone with another type of license.

Strict responsibility for sale of alcohol to minors is something that says the same. If you sell to a minor, you are automatically responsible for that sale.

Our recommendation is to card everyone - always.

All this talk about ID makes us think of Big & Rich’s party anthem Fake ID:

“Hey mister won’t you sell me a fake ID,
there’s a band in the bar that I’m dying to see”

This is the law:

  • Hemp Derived Cannabinoid Products (HDCP) – Tennessee Code § 57-7-103(b)(1)

    • Selling HDCP without first checking ID is a violation of the law…even if the buyer is over 21. Sell to a minor without carding? That’s a double whammy.

    • “Proof of age” means a valid driver’s license or government-issued photo ID showing the buyer is 21+.

    • The ABC has not announced whether electronic forms of ID are valid for HDCP. Our recommendation is to require physical ID cards.

    • Unlike other licenses, there is no exception for older adults. Everyone, regardless of age, must present a valid ID for HDCP sales. If granny left her ID at home, no THC cocktails for granny.

    • Bottom Line: NO ID, NO HDCP. NO EXCEPTIONS.

  • Retail Package Store - Tennessee Code § 57-3-406(d)

    • Anyone that looks under 50 must show a valid government-issued photo ID to purchase beer, wine and spirits from a retail package store.

    • Electronic identity verification systems that confirm 21+ status are valid. Accepting electronic ID is up to the store. There is no requirement to accept electronic ID.

    • Skipping the ID check on someone who looks under 50 is a separate violation on top of any minor sale. We recently saw the ABC issue a separate fine for failing to card.

    • Retail package stores can sell to older adults that do not have an ID. However, even regular customers that look under 50 must show a valid government issued photo ID - for every single purchase.

  • Retail Food Store Wine License – Tennessee Code § 57-3-808(a)

    • Anyone that looks under 50 must show a valid government-issued photo ID to purchase wine from a grocery store, convenience store, or other food store licensee.

    • Buyers must present valid government-issued photo ID in a face-to-face transaction before purchase. Electronic identity verification systems may be accepted, if a store chooses to do so.

    • Retail food stores can sell to older adults that do not have an ID - if the buyer reasonably appears over 50. However, even regular customers that look under 50 must show a valid government issued photo ID - for every single purchase.

  • Liquor By the Drink – Tennessee Code § 57-4-203(b)

    • Tennessee law does not require carding to purchase alcohol at a bar, restaurant, club or other liquor by the drink businesses. But here’s the catch, if you serve a minor, you are strictly liable.

    • No ID, no problem. A liquor by the drink business can sell a glass of wine or cocktail.

    • Although you do not have to card, we recommend carding everyone. Why place your license at risk?

  • Beer Off-Premise – Tennessee Code § 57-5-301(a)(1)

    • Anyone that looks under 50 must show a valid government-issued photo ID to purchase beer at a grocery store, convenience store or other off-premise business.

    • Electronic identity verification systems may be accepted, if a store chooses to do so.

  • Beer On-Premise – Tennessee Code § 57-5-301(a)(1)

    • Tennessee law does not require carding for beer at a bar, restaurant or other on-premise beer businesses. Although carding is not required under § 57-5-301, you are strictly liable for sales to minors.

    • Although you do not have to card, we recommend that you card everyone.

  • Digital ID

    • Is a picture of a driver’s license a digital ID? No. You would not accept someone coming into your bar with a photocopy of an ID.

      Digital ID Example
    •  Don’t accept a photo of a driver's license.

    • A digital ID must be a government issued license that is on a government verified platform. Here is an example.

    • Complicated? Just ask for the physical card. Tennessee does not require businesses to accept digital forms of ID

Confusing? Here is a solution to the carding conundrum:

NO ID, NO ALCOHOL OR HDCP. NO EXCEPTIONS.

Click here to see all of Tennessee’s ID laws.

Special thanks to Summer Associate Claire Beary for co-authoring this post.

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