Tennessee has a growing restaurant industry concentrated in Nashville, Memphis, and Knoxville, and the state's regulatory environment is generally business-friendly. But closing a restaurant in Tennessee still involves specific steps with the Tennessee Alcoholic Beverage Commission, the Department of Revenue, and the Secretary of State. Missing any of them creates liability that follows you after the doors close.
Tennessee ABC License
Restaurant liquor licenses in Tennessee are issued by the Tennessee Alcoholic Beverage Commission (TABC). Tennessee has a complex tiered licensing system -- on-premises consumption licenses vary by county and municipality, and some Tennessee counties remain dry. When you close, notify TABC in writing and surrender the license. Tennessee liquor licenses do not have the secondary market value of New Jersey or California licenses, but a license attached to a desirable Nashville or Memphis location may have value to a buyer.
Tennessee Final Paycheck Law
Tennessee requires that final wages be paid on the next regular payday following separation under Tennessee Code Annotated 50-2-103. Tennessee does not require same-day payment upon discharge. The state does not mandate vacation payout unless your written policy promises it. Tennessee does not have a state minimum wage -- the federal minimum of $7.25 applies.
Tennessee WARN Act
Tennessee does not have a state WARN Act. You are subject only to the federal WARN Act (100+ employees, 50+ layoffs within 30 days). The Tennessee Department of Labor and Workforce Development administers federal WARN Act notifications in Tennessee. Most independent restaurants do not trigger the federal threshold.
Tennessee Sales Tax
File a final sales tax return with the Tennessee Department of Revenue. Tennessee's sales tax rate is 7% statewide plus local rates that can bring the total to 9.75% in some counties -- one of the highest combined rates in the country. Cancel your sales tax account through the Tennessee Taxpayer Access Point (TNTAP) portal. The Department of Revenue may conduct a final audit of your account.
Tennessee Secretary of State Dissolution
To dissolve a Tennessee LLC, file Articles of Dissolution with the Tennessee Secretary of State. For a Tennessee corporation, file Articles of Dissolution. Tennessee requires that all state taxes be paid before dissolution is approved. The filing fee is $20 for LLCs.
The Correct Sequence
Notify employees and pay final wages on the next regular payday. File final sales tax return and cancel your TNTAP account. Notify TABC and surrender or transfer the license. Obtain tax clearance from the Department of Revenue. File dissolution with the Secretary of State. For the full cost picture, see What Does It Actually Cost to Close a Restaurant.