(A) For purposes of this section, the following definitions shall apply:
BROWN BAGGING. The practice of patrons, customers, or guests bringing beer, alcoholic beverages and/or wine upon the premises of a food service establishment.
FOOD SERVICE ESTABLISHMENT. Any public place kept, used, maintained, advertised, and held out to the public as a place where a menu of prepared food is made available to patrons.
(B) Except as provided herein, no owner, operator, or employee of any food service establishment or any other business shall permit or allow its patrons, customers, or guests to bring onto the premises any beer, as defined in § 116.25, or alcoholic beverage, as defined in § 116.01, or wine, as defined in Tenn. Code Ann. § 57-3-101, as such statute may be amended from time to time.
(C) The foregoing notwithstanding, a food service establishment may permit or allow its patrons, customers, or guests to bring beer onto its premises for consumption by themselves or their personal guests, under the following circumstances:
(1) The food service establishment possesses a valid Class I or III on-premises beer permit pursuant to the requirements of this chapter; and
(2) The owner of the food service establishment consents to the practice of brown bagging beer on its premises.
(D) A food service establishment allowing the practice of brown bagging on its premises may not, in connection therewith:
(1) Charge its patrons, customers, or guests any fees in connection with brown bagging in its premises; or
(2) Take possession of or otherwise control any beer that its customers, patrons, and/or guests bring into the premises for personal consumption, nor store any such beer.
(E) In addition to the conditions and restrictions generally applicable to all holders of or applicants for Class I and III beer permits set forth in this chapter, the conditions and/or restrictions set forth in §§ 116.36, 116.37, 116.38, and 116.40 and otherwise applicable to the sale of beer for on-premises consumption shall also apply to the brown bagging of beer for on-premises consumption.
(F) Any food service establishment allowing brown bagging without complying with the requirements of this section commits a misdemeanor, which shall be punishable under the general clause for this code.
(G) This section shall not apply to establishments possessing a valid license for the on-premises sale of alcoholic beverages issued by the Tennessee Alcoholic Beverage Commission, and nothing herein shall be interpreted to provide additional allowances or restrictions on such state-licensed establishments.