reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 6 - RESIDENTIAL ROOFING SERVICES (§§ 62-6-601 — 62-6-606) › Section 62-6-602 - Cancellation of contract if claim or contract not covered loss under insurance policy

(a)
If a person enters into a contract and the person has received written notice from the person's insurer that all or any part of the claim or contract is not a covered loss under an insurance policy, then the person may cancel the contract as provided in subsection (b).
(b)
To cancel a contract, a person shall:
(1)
Provide a written notice of cancellation to the residential roofing services provider prior to midnight on the third business day after receipt of a written notice of no or partial coverage from the insurer; and
(2)
Mail or deliver the written notice of cancellation to the residential roofing services provider at the business address, facsimile number, or electronic mail address provided by the residential roofing services provider pursuant to §
62-6-603
.
(c)
A written notice of cancellation:
(1)
Need not contain particular language provided that it is signed and dated by the person and indicates, by any form of written expression, the intent of the person not to be bound by the contract; and
(2)
Shall be effective upon receipt by the residential roofing services provider. However, if the person:
(A)
Mails the written notice of cancellation, postage prepaid and properly addressed to the residential roofing services provider, then the cancellation is effective upon the date of the postmark; or
(B)
Delivers the written notice through electronic transmission properly addressed to the facsimile number or electronic mail address of the residential roofing services provider, then the cancellation is effective upon the time the person transmits the notice.
Acts 2012 , ch. 821, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 6 - RESIDENTIAL ROOFING SERVICES (§§ 62-6-601 — 62-6-606) › Section 62-6-603 - Required written statement from residential roofing service provider

Prior to entering into a contract, a residential roofing services provider shall, in writing, furnish a person with:
(1)
The residential roofing services provider's:
(A)
Business mailing address for cancellation purposes;
(B)
Telephone number;
(C)
License or registration number of any contractor, home improvement contractor, or public adjuster license or registration held in this or any other state; and
(D)
Electronic mail address or facsimile number for cancellation purposes, if available;
(2)
A detailed description of all damage or repairs to be claimed or covered by the contract and the location of such damage;
(3)
A written statement in boldface type of a minimum size of ten (10) points, containing language substantially similar to the following:
You may cancel this contract at any time before midnight on the third business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See the attached notice of cancellation form for an explanation of this right.
; and
(4)
A form in duplicate, captioned "NOTICE OF CANCELLATION", attached in an easily detachable manner to the contract, that contains in boldface type of a minimum size of ten (10) points the following statement or language substantially similar:
NOTICE OF CANCELLATION
If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other signed and dated written notice to________________ (name of residential roofing services provider) at________________ (business mailing address) or________________ (if available, facsimile number or electronic mail address of residential roofing services provider) at any time prior to midnight on the third business day after you have received such notice from your insurer. If you cancel, any payments made by you under the contract, except those for emergency repairs already performed by the residential roofing services provider, will be returned to you within ten (10) business days following receipt by the residential roofing services provider of your cancellation notice.
I HEREBY CANCEL THIS TRANSACTION.
____________________ (date)
____________________ (person's signature).
Acts 2012 , ch. 821, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 6 - RESIDENTIAL ROOFING SERVICES (§§ 62-6-601 — 62-6-606) › Section 62-6-604 - Payments and deposits - Emergency repairs

(a)
No residential roofing services provider shall require any payments from a person pursuant to a contract until the person has received written notice from the insurer that the contract or claim is fully covered or the three-day cancellation period required pursuant to this part has expired.
(b)
Within ten (10) business days after a person cancels a contract in accordance with this part, the residential roofing services provider shall tender to the:
(1)
Payor any payments, partial payments, or deposits made to the residential roofing services provider except those made pursuant to subsection (c); and
(2)
Person any note or other evidence of the person's indebtedness to the residential roofing services provider except indebtedness incurred pursuant to subsection (c).
(c)
(1)
Notwithstanding subsection (a), if the residential roofing services provider has made any emergency repairs, acknowledged by the contracting person in writing to be necessary to prevent damage to the residential real estate, then the residential roofing services provider shall be entitled to collect the amount due from the person for the emergency repairs at the time the repairs are rendered. Any provision in a contract that requires the payment of any fee for any good or service except those provided in relation to emergency repairs shall not be enforceable against any person who has canceled a contract in accordance with this part.
(2)
No residential roofing services provider shall misrepresent that emergency repairs are necessary to prevent damage to the residential real estate owned or possessed by such person.
Acts 2012, ch. 821, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 6 - RESIDENTIAL ROOFING SERVICES (§§ 62-6-601 — 62-6-606) › Section 62-6-605 - Licensure of residential roofing services providers as public adjusters

No residential roofing services provider shall act or hold out as being a public adjuster, as defined in §
56-6-902
, unless licensed as a public adjuster in accordance with title 56, chapter 6, part 9.
Amended by 2013 Tenn. Acts, ch. 355, s 5, eff. 1/1/2014.
Acts 2012 , ch. 821, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 6 - CONTRACTORS AND CONTRACTING (§§ 62-6-101 — 62-6-606) › Part 6 - RESIDENTIAL ROOFING SERVICES (§§ 62-6-601 — 62-6-606) › Section 62-6-606 - Violations

A violation of this part is an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation.
Acts 2012, ch. 821, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-101 - Rates to be posted

(a)
The person in charge of and conducting any hotel shall post in a conspicuous place in each room of the hotel a card or sign plainly stating the price per day of each room and, in case the hotel is conducted on the American plan, the rate charged for meals. The cards or signs shall be dated as of the day on which they are posted.
(b)
(1)
This subsection (b) applies to hotels, motels and other places of public accommodations as defined by §
62-7-107
and referred to in this subsection (b) as "hotels."
(2)
No person shall display or cause to be displayed any sign on the premises that includes, in dollars and cents, a statement of the rates charged at a hotel, unless twenty-five percent (25%) of all rooms in that facility are available at the quoted or advertised rate at all times the sign is posted.
(c)
A violation of this section is a Class C misdemeanor.
Acts 1921, ch. 100, § 1; Shan. Supp., § 3052a36b1; mod. Code 1932, §5301; impl. am. Acts 1937, ch. 254, § 4; Acts 1977, ch. 478, §1; T.C.A. (orig. ed.), §62-701; Acts 1985, ch. 171, § 3; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-102 - Penalties

Any person who violates §
62-7-101
or who charges any guest a rate in excess of the posted rates commits a Class C misdemeanor.
Acts 1921, ch. 100, § 2; Shan. Supp., § 3052a36b2; Code 1932, §5302; T.C.A. (orig. ed.), § 62-702; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-103 - Safekeeping of valuables - Liability for loss

When the proprietor of any hotel or inn provides a safe in the office in the hotel or inn or other convenient place for the safekeeping of any money, jewels or ornaments belonging to the guests of the hotel or inn or for any samples of merchandise of any kind carried by drummers or commercial travelers and notifies the guests of the hotel or inn by posting a notice that states the fact that in the safe or other convenient place money, jewels, ornaments or samples may be deposited in the rooms occupied by the guests, in a conspicuous manner, and if the guests neglect to deposit the money, jewels, ornaments or samples of merchandise in the safe or other convenient place, the proprietor is not liable for any loss of the money, jewels, ornaments or samples of merchandise sustained by the guest, by theft, or otherwise.
Acts 1921, ch. 49, § 1; Shan. Supp., § 3593; Code 1932, § 6680; C. Supp. 1950, § 6680; T.C.A. (orig. ed.), § 62-703.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-104 - Restriction on liability for losses from safe

The liability of the hotel or inn keeper for the safekeeping in the safe or other convenient place as provided in §
62-7-103
shall be limited to an amount not exceeding three hundred dollars ($300), unless a written contract is entered into providing a greater liability between the guest and the proprietor of the hotel or inn. The notice required to be posted by the proprietor of the hotel or inn in a conspicuous manner in the rooms occupied by the guests shall contain a recitation of the limitation of liability as provided in this section and the provision of greater liability being dependent upon a written contract between the proprietor and the guest.
Acts 1935 (E. S.), ch. 8, § 1; C. Supp. 1950, § 6680; T.C.A. (orig. ed.), § 62-704.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-105 - Checkroom - Liability for loss

When the proprietor of any hotel or inn provides a checkroom or other convenient storage place in the hotel or inn building for the checking, storage and safekeeping of the personal baggage, other than money, jewels, ornaments and samples of merchandise carried by drummers or commercial travelers, or their guests, or those intending to become guests, and notifies the guests of the checkroom or other convenient storage place by posting a notice in its lobby or office in a conspicuous manner that the checkroom or other storage place has been provided, should any guest or person intending to become a guest neglect to deposit any such personal baggage other than money, jewels, ornaments or samples provided for in §§
62-7-103
and
62-7-104
in the checkroom or storage place and leave the baggage in any other place than a room assigned to the guests, then the proprietor is not liable for the loss or theft of the baggage, unless the baggage was stolen by some employee of the hotel or inn; provided, that the hotel proprietor makes no extra charge for storing or checking property.
Acts 1921, ch. 49, § 2; Shan. Supp., § 3593a1; Code 1932, § 6681; C. Supp. 1950, § 6681; T.C.A. (orig. ed.), § 62-705.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-106 - Restrictions on liability for losses from checkroom

The liability of the hotel or innkeeper for personal baggage, as defined in §
62-7-105
, shall be limited under all circumstances and conditions to an amount not exceeding one hundred fifty dollars ($150), unless a written contract is entered into involving a greater liability between the proprietor of a hotel or inn and the guest, which limitation of liability and requirement of written contract for greater liability shall be contained in the notice required to be posted by the proprietor of the hotel or inn in a conspicuous manner in the lobby or office of the hotel or inn.
Acts 1935 (E. S.), ch. 7, § 1; C. Supp. 1950, § 6681; T.C.A. (orig. ed.), § 62-706.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-107 - Fraud in obtaining accommodations or restaurant services - Penalties

(a)
As used in this section, unless the context otherwise requires:
(1)
"Accommodations" means lodging, services, goods, credit or valuable articles procured at a public establishment with lodging or under the pretense of having lodging, after having reasonable notice of the charges for same;
(2)
"Public establishment" means any food service establishment as defined in §
68-14-302
and also means any establishment that in the usual course of business offers overnight lodging to the general public on a day-to-day basis and also includes incidental businesses located and operated on the premises of the establishment primarily for the convenience of patrons of the establishment; and
(3)
"Restaurant services" means any services provided by a food service establishment as defined in §
68-14-302
.
(b)
It is prima facie evidence of intent to defraud for any person to procure accommodations or restaurant services by false pretense or through show or pretense of baggage, key or other property under the false pretense of being registered at a public establishment, for any person to have procured accommodations or restaurant services and thereafter to abscond or surreptitiously remove or attempt to remove baggage or property without paying or offering to pay for the accommodations or for any person to receive restaurant services and thereafter to abscond or surreptitiously leave the premises without paying or offering to pay for the restaurant services.
(c)
Any person who pays for accommodations or restaurant services by check, draft or order for the payment of money shall be subject to §§
39-14-121
and
39-14-122
.
(d)
Any person who pays for accommodations or restaurant services by credit card shall be subject to §§
39-14-118
and
39-14-119
.
(e)
Accommodations or restaurant services paid for by check, draft, order or credit card at the time of registering at a public establishment, or subsequent to registering, up to and including the time of checking out of the public establishment shall, for all purposes, be considered as having been received simultaneously with the time the payment is made or instrument is passed.
(f)
Any person who, with intent to defraud, procures accommodations or restaurant services in any public establishment commits a Class C misdemeanor if the total amount procured is two hundred dollars ($200) or less. If the amount procured is more than two hundred dollars ($200), the person commits a Class E felony.
Acts 1895, ch. 67, § 1; Shan., § 3594; Code 1932, § 6682; Acts 1975, ch. 216, §1; T.C.A. (orig. ed.), § 62-707; Acts 1982, ch. 789, §§ 1-8; Acts 1983, ch. 51, § 1; 1989, ch. 591, §§ 11, 78.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-108 - Sale of guests' baggage by hotels

At any time after thirty (30) days after the person incurring such debt or obligation has left the hotel, inn or boardinghouse and the debt or obligation is still due and unpaid, the owner or proprietor of the hotel, inn or boardinghouse may sell at public auction, for cash, at the hotel or boardinghouse office, any or all baggage or property left at the hotel, inn or boardinghouse necessary to satisfy the debt or obligation, without any process of law or equity; provided, that the sale shall be advertised by written or printed posters for at least ten (10) days before the sale.
Acts 1895, ch. 67, § 3; Shan., § 3596; mod. Code 1932, § 6684; T.C.A. (orig. ed.), § 62-709.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-109 - Right of owners to exclude persons from public places

(a)
The rule of the common law giving a right of action to any person excluded from any hotel, public means of transportation or place of amusement is abrogated.
(b)
No keeper of any hotel or public house, or carrier of passengers for hire, except railways, street, interurban and commercial, or conductors, drivers or employees of the carrier or keeper, shall be bound or under any obligation to entertain, carry or admit any person whom the keeper, carrier, conductor, driver or their employees shall, for any reason whatever, choose not to entertain, carry or admit to their house, hotel, vehicle, means of transportation or place of amusement. Nor shall any right exist in favor of the person so refused admission.
(c)
The right of keepers of hotels and public houses, carriers of passengers and keepers of places of amusement and their employees to control the access and admission or exclusion of persons to or from their public houses, means of transportation and places of amusement is to be as complete as that of any private person over the private person's private house, vehicle, private theater or places of amusement for the private person's family.
Acts 1875, ch. 130, § 1; impl. am. Acts 1897, ch. 10, §§ 14, 17; Shan., § 3046; Code 1932, § 5262; modified; T.C.A. (orig. ed.), § 62-710.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-110 - Penalty for riotous conduct

A right of action is given to any keeper of any hotel, inn, theater, public house, common carrier or restaurant against any person guilty of turbulent or riotous conduct within or about the hotel, inn, theater, public house, common carrier or restaurant, and any person found guilty of so doing commits a Class C misdemeanor. The owner or persons so offended against may sue in the owner's or offended person's own name for the turbulent or riotous conduct.
Acts 1875, ch. 130, § 2; Shan., § 3047; mod. Code 1932, § 5263; T.C.A. (orig. ed.), § 62-711; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 7 - HOTELS AND PLACES OF PUBLIC ACCOMMODATION (§§ 62-7-101 — 62-7-112) › Section 62-7-111 - Discrimination because of method of transportation prohibited

(a)
It is unlawful for owners, proprietors, lessees, keepers, agents, employees or servants of any theaters, shows, parks, places of public resort for observation of scenery or amusement of any kind whatever, where a fee or toll is charged for admission into those places or premises, to refuse admission to any person on account of the fact that the person travels to and from the parks or places over a particular route, or in the vehicles, or other means of conveyance of any person rather than another. It is the duty of all owners, proprietors, lessees, or keepers of the public places to admit all well behaved persons upon equal terms, without regard to the particular route or means of conveyance.
(b)
All places kept open for the public and at which a fee or toll is charged, either at that place or for traveling over any route or railway, where the place is the inducement to such travel, shall be conclusively taken to fall within this section.
(c)
For each violation of this section, the proprietor, owner or lessee of the place or grounds, together with the keeper of gates or doors, shall forfeit no less than five dollars ($5.00) nor more than fifty dollars ($50.00), to be recovered by action of debt before any general sessions judge, at the suit of the individual who may be denied admission or at the suit of the person owning the vehicle or other mode of conveyance in which the person denied admission may have traveled to the place or ground. The owner, proprietor, lessee or keeper is also liable for all damage done to the business of the person who may be so discriminated against and may be restrained by injunction from continuing the discrimination.
(d)
This section shall be liberally construed so as to prevent evasions and subterfuges.
Acts 1885, ch. 68, §§ 1-3, 5; Shan., §§3041-3043, 3045; mod. Code 1932, §§ 5257-5259, 5261; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 62-712 -- 62-714, 62-716.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 8 - IRONWORKS (§§ 62-8-101 — 62-8-103) › Section 62-8-101 - Benefiting statutes continued

All statutes for the benefit of ironworks or the persons owning ironworks remain unless changed, altered or affected by the express provisions of this chapter.
Code 1858, §1932; Shan., § 3461; mod. Code 1932, § 6535; T.C.A. (orig. ed.), § 62-801.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 8 - IRONWORKS (§§ 62-8-101 — 62-8-103) › Section 62-8-102 - Obstruction of private roads

Any person obstructing the roads necessarily used by the owners of ironworks for the purpose of hauling coal, ore, wood, metal or other material is liable in the same manner the person would be for obstructing the public roads of the state.
Code 1858, § 1934 (deriv. Acts 1824, ch. 4, § 6); Shan., § 3463; Code 1932, § 6536; T.C.A. (orig. ed.), § 62-802.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 8 - IRONWORKS (§§ 62-8-101 — 62-8-103) › Section 62-8-103 - Taxation of lands

All lands granted by this state to individuals and corporations for the encouragement of the building of ironworks are liable and subject to taxation as other lands.
Acts 1859-1860, ch. 30, § 1; Shan., § 3464; Code 1932, §6537; T.C.A. (orig. ed.), § 62-803.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of commerce and insurance or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner;
(2)
"Department" means the department of commerce and insurance;
(3)
"Licensed HVAC contractor" means a person holding a license from the state board for licensing contractors with a CMC, MC, CMC-C, or MC-C classification;
(4)
"Person" means an individual, association, partnership, corporation, or any other legally cognizable organization or entity;
(5)
"Scrap metal" means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic converters or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans; and
(6)
"Scrap metal dealer" means a person who buys, exchanges or deals in scrap metal or an employee or agent of that dealer who has the express or implied authority to buy, exchange or deal in scrap metal on behalf of the dealer.
Amended by 2017 Tenn. Acts, ch. 414, s 1, eff. 7/1/2017.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-103 - Copying and recording required identification of sellers of scrap metal - Scrap metal transaction record requirements - Alternative forms of identification

(a)
Except as provided in subdivision (b)(2), no scrap metal dealer may purchase or otherwise acquire scrap metal from a person unless that person presents a state or federally issued photo identification card that appears valid on its face to the dealer and provides a thumbprint as provided in §
62-9-104
.
(b)
(1)
If a valid state or federally issued photo identification card is presented, the scrap metal dealer shall record the name, sex, height, date of birth, residence address and the photo identification card number of the person selling the scrap metal, photocopy the photo identification card presented and maintain this information as part of the transaction record. The scrap metal dealer shall also record the license plate number and make and model of the motor vehicle the seller is driving. If the vehicle is a commercial vehicle, the buyer shall record the name of the business owning or leasing the vehicle.
(2)
If the person presenting the scrap metal for sale does not have a state or federally issued photo identification card, the dealer shall require the seller to present some form of state or federally issued identification, photograph the person and record the information contained on the identification card prior to the transaction being made. Even if a photograph of the seller is taken, the dealer is prohibited from making the transaction if the seller does not have, or refuses to present, the required identification.
Acts 2008 , ch. 690, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-105 - Maintenance of scrap metal transaction records - Inspection of scrap metals and records by law enforcement or commissioner - Search warrant

(a)
As used in this section, "scrap metal transaction record" includes the information required to be obtained by §§
62-9-103(b)
and
62-9-104(b)(2)
.
(b)
A dealer shall be required to maintain each scrap metal transaction record for a period of three (3) years following the transaction.
(c)
(1)
During the usual and customary business hours of a scrap metal dealer, a law enforcement officer or the commissioner shall have the right to inspect, without a warrant or subpoena, either of the following:
(A)
Any purchased scrap metals in the possession of the dealer; and
(B)
Any records required to be maintained by the dealer pursuant to this chapter.
(2)
Notwithstanding subdivision (c)(1), a search warrant or judicial subpoena may be executed at any time for inspection of the items set out in subdivision (c)(1).
(3)
All records required to be made available pursuant to subdivision (c)(2) shall be maintained on the site where the transaction occurred for a period of three (3) years from the date of the transaction.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-107 - Offense of purchase by dealer of air conditioner evaporator coil or condenser for cash or for making payment at time of sale - Sale only by certain agents, representatives or employees - Required documentation - Payment requirements - Violation - Prosecution for other offenses

(a)
It is an offense for a scrap metal dealer to pay cash to a person who presents an air conditioner evaporator coil or condenser, in whole or in part, for sale as scrap or for the dealer to make payment of any kind at the time of the transaction.
(b)
Scrap metal described in subsection (a) may only be sold for scrap by an authorized agent, representative or employee of one of the following:
(1)
A licensed HVAC contractor who acquired the evaporator coil or condenser in the performance of contracting as defined in §
62-6-102
;
(2)
In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to §
68-120-101
, a company meeting all local or municipal requirements to obtain a permit from that jurisdiction to repair, replace and install HVAC units containing copper evaporator coils or condensers;
(3)
In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to §
68-120-101
, where the exempt jurisdiction does not require a permit to repair, replace and install HVAC units containing copper evaporator coils or condensers, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer; or
(4)
In a jurisdiction not exempt from the requirements of title 68, chapter 120, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer.
(c)
The person offering the air conditioner evaporator coil or condenser for sale as scrap shall have in the person's possession documentation that the company for whom it is being sold is a company described in subsection (b), and that the person selling the evaporator coil or condenser is an authorized agent, representative or employee of that company.
(d)
Payment for scrap metal described in subsection (a) must be made by check or money order, mailed to the business address of the company for whom the metal is being sold and the name of the company must be the payee on the check.
(e)
(1)
A violation of this section is a Class A misdemeanor punishable by fine only.
(2)
Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense.
Acts 2008 , ch. 690, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-108 - Offense of purchasing or possessing metal beer kegs - Violation - Prosecution for other offenses

(a)
No scrap metal dealer shall knowingly purchase or possess a metal beer keg, whether damaged or undamaged, or any reasonably recognizable part of a metal beer keg, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal.
(b)
(1)
A violation of this section is a Class A misdemeanor punishable by fine only.
(2)
Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense.
Acts 2008, ch. 690, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-109 - Offense of engaging in business of buying scrap metal without registration - Other offenses - Violations

(a)
It is an offense for a person to engage in the business of buying scrap metal without registering as a scrap metal dealer with the department or falsely registering with the department as a dealer.
(b)
A person engaged in the business of buying scrap metal, as a registered scrap metal dealer or otherwise, commits an offense who knowingly:
(1)
Purchases scrap metal:
(A)
That was not property of the seller and the seller did not have the authorization to sell the metal; or
(B)
That was unlawfully obtained by the seller; or
(2)
Commits any other act in violation of this chapter.
(c)
A violation of subsection (a) or (b) is a Class A misdemeanor, punishable only by fine, unless the value of the metal, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal, is in an aggregate amount which exceeds five hundred dollars ($500). In such instance, such scrap metal dealer shall be guilty of a Class E felony and, upon conviction, shall be punished only by a fine of not more than five thousand dollars ($5,000).
(d)
(1)
It is an offense for a person to sell or attempt to sell scrap metal knowing that the metal is stolen, whether by the person selling or by some other person.
(2)
A violation of subdivision (d)(1) shall be punished as theft and graded according to the value of the metal sold or attempted to be sold as provided in §
39-14-105
.
(3)
In determining the value of the metal sold or attempted to be sold for purposes of grading in subdivision (d)(2), the metal shall be valued in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal and not the amount by which the defendant sold or attempted to sell the metal.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-110 - Revocation of registration upon conviction of violations - Denial of application or suspension, revocation, or refusal to issue or renew registration by commissioner - Civil penalty

(a)
The scrap metal registration of a person convicted of a violation of this chapter, or the criminal offense of theft, burglary or vandalism if the offense involved scrap metal, shall be immediately revoked by operation of law upon conviction. A copy of the judgment of conviction shall be transmitted to the commissioner by the law enforcement agency responsible for the conviction.
(b)
The commissioner may deny an application for registration or may suspend, revoke or refuse to issue or renew any registration issued under this chapter upon finding that the holder or applicant is guilty of any violation enumerated in §
62-9-114(a)
or any rule properly promulgated by the commissioner. In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty of up to one thousand dollars ($1,000) for each violation. Each day of continued violation constitutes a separate violation.
(c)
An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 8, eff. 7/1/2018.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 7.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-111 - Sales of donated scrap metal by governmental entities, regulated landfills and solid waste processing facilities - Payment requirements - Registration of governmental entities, regulated landfills, or solid waste processing facilities as scrap metal dealers

(a)
Nothing contained in this chapter shall be construed to prevent a governmental entity, regulated landfill or solid waste processing facility owner from selling any scrap metal donated to it or otherwise lawfully obtained by it without compensation.
(b)
Payment for scrap metal sold by a governmental entity or regulated landfill owner shall be:
(1)
Made by check or money order to the governmental entity or the owner of the landfill or solid waste processing facility;
(2)
The check or money order shall be mailed to the business address of the governmental entity or the owner of the landfill or solid waste processing facility; and
(3)
The payee on the check shall be in the name of the governmental entity or the owner of the landfill or solid waste processing facility.
(c)
Nothing contained in this chapter shall be construed to prohibit a governmental entity, regulated landfill or solid waste processing facility owner from registering as a scrap metal dealer as provided in this chapter and coming within §
62-9-112
.
Acts 2008 , ch. 690, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-112 - Application of chapter to sales between registered scrap metal dealers

This chapter shall not apply to scrap metal transactions that take place between a scrap metal dealer registered pursuant to this chapter and another registered dealer; provided, that the scrap metal is lawfully obtained by the seller and, at the time of the transaction, may lawfully be sold for scrap. The terms of sale between two (2) registered dealers shall be determined by the parties.
Acts 2008, ch. 690, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-113 - Emergency rules - Committee for development of uniform terminology

(a)
The department is authorized to promulgate emergency rules to implement this chapter.
(b)
As part of the rules promulgated pursuant to this section, the commissioner shall develop uniform terminology to describe the types of metal most commonly sold as scrap. The commissioner may appoint a committee to develop the uniform terminology. The committee shall consist of at least five (5) members but no more than seven (7) members with at least one (1) member selected from each of the following groups: the scrap metal industry, the Tennessee Association of Chiefs of Police, the Tennessee Sheriffs' Association, the Home Builders Association of Tennessee and a member of the public who is not engaged in law enforcement, the scrap metal industry or the home building industry. The purpose of uniform terminology is to increase the chances of locating and recovering stolen scrap metal by enabling law enforcement officials to describe the stolen metal in their theft report in the same terms as the scrap metal industry uses to describe the same metal when it is brought in for sale.
Amended by 2013 Tenn. Acts, ch. 211, s 4, eff. 7/1/2013.
Acts 2008 , ch. 690, §4; 2009 , ch. 566, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-114 - Investigation of unregistered activity

(a)
The commissioner is authorized to investigate, and shall investigate upon the verified complaint in writing of any person, a scrap metal dealer for an alleged violation of an unregistered activity pursuant to §
62-9-102
, purchase restrictions pursuant to §§
62-9-106
and
62-9-107
or payment restrictions pursuant to §§
62-9-104(c)
and
62-9-107(d)
; provided, that a written complaint shall require evidence, documentary or otherwise, presented in connection with the written complaint, that makes out a prima facie case of a violation of unregistered activity, or purchase restrictions, or payment restrictions as determined by the commissioner.
(b)
If, after investigation, the commissioner finds a scrap metal dealer to be in violation of any of the statutes enumerated in subsection (a), then the commissioner shall notify the dealer in writing of the dealer's right to a hearing prior to imposing any sanction permitted under this chapter. If the dealer fails to notify the commissioner in writing within ten (10) days from the date of the commissioner's notice that the dealer seeks a hearing, then such hearing shall be waived and the commissioner may impose upon the dealer any sanction or discipline permitted by this chapter. All hearings conducted pursuant to this subsection (b) shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
In the event the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commissioner may withhold its investigation or decision until the court action has been concluded.
Acts 2012 , ch. 969, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 9 - SCRAP METAL DEALERS (§§ 62-9-101 — 62-9-116) › Section 62-9-116 - Violation by employee

Any violation of this chapter committed by an employee of a registered scrap metal dealer while acting within the scope of employment constitutes a violation by that dealer for purposes of enforcement of this chapter.
Added by 2017 Tenn. Acts, ch. 414,s 3, eff. 7/1/2017.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commercial laundry" means any place where laundry work is done for more than ten (10) persons belonging to different families, whether the laundry is operated by hand or power, except hotels in which laundries are maintained for doing the laundry work of guests of the hotel only;
(2)
"Laundry plant" means any place where commercial laundry is done;
(3)
"Laundry wagon" means any vehicle in which laundry is collected or delivered to or by a commercial laundry; and
(4)
"Person" includes persons, firms and corporations.
Acts 1937, ch. 94, § 1; C. Supp. 1950, § 7182.41 (Williams, § 7182.43); T.C.A. (orig. ed.), § 62-1001.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-102 - Marking of plants

Every laundry plant shall be plainly marked with a sign posted upon the building bearing the name of the laundry, if operated under a corporate or trade name, or the name of the proprietor.
Acts 1937, ch. 94, § 5; C. Supp. 1950, § 7182.45 (Williams, § 7182.47); T.C.A. (orig. ed.), § 62-1002.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-103 - Water heating facilities

Every commercial laundry shall be equipped with facilities for heating water to a temperature of at least one hundred ninety degrees Fahrenheit (190° F.).
Acts 1937, ch. 94, § 6; C. Supp. 1950, § 7182.46 (Williams, § 7182.48); T.C.A. (orig. ed.), § 62-1003.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-104 - Treatment of hospital laundry

No laundry received from any hospital for contagious diseases shall be mingled with other laundry until it has been treated with live steam or water heated to a temperature of at least one hundred ninety degrees Fahrenheit (190° F.) for a period of thirty (30) minutes.
Acts 1937, ch. 94, § 7; C. Supp. 1950, § 7182.47 (Williams, § 7182.49); T.C.A. (orig. ed.), § 62-1004.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-105 - Marking of wagons

Every laundry wagon shall be plainly marked with letters at least three inches (3") high, showing the name of the laundry in the business of which the laundry wagon is operated, the marking or lettering to be painted on the vehicle or attached to the laundry wagon or affixed on the laundry wagon in a permanent manner.
Acts 1937, ch. 94, § 2; C. Supp. 1950, § 7182.42 (Williams, § 7182. 44); T.C.A. (orig. ed.), § 62-1005.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-106 - Acceptance of laundry only from marked wagons

No commercial laundry shall accept, directly or indirectly, any laundry from any vehicle operated in the collection of laundry except from a laundry wagon as defined in this chapter. This shall not be construed as preventing any individual from delivering the individual's laundry or the laundry of a member of the individual's household to the laundry plant.
Acts 1937, ch. 94, § 4; C. Supp. 1950, § 7182.44 (Williams, § 7182.46); T.C.A. (orig. ed.), § 62-1006.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-107 - Ticket or card with laundry delivered

No commercial laundry shall deliver any laundry unless there is delivered with the laundry a ticket or card showing the name of the laundry plant at which the laundering was done.
Acts 1937, ch. 94, § 3; C. Supp. 1950, § 7182.43 (Williams, § 7182.45); T.C.A. (orig. ed.), § 62-1007.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 10 - LAUNDRIES (§§ 62-10-101 — 62-10-108) › Section 62-10-108 - Penalty

A violation of this chapter is a Class C misdemeanor.
Acts 1937, ch. 94, § 8; C. Supp. 1950, § 7182.48 (Williams, § 7182.50); T.C.A. (orig. ed.), § 62-1008; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 11 - LOCKSMITH LICENSING ACT OF 2006 [Repealed] (§ 62-11-101) › Section 62-11-101 - 62-11-118 - [Repealed]

Acts 2006, ch. 885, §§ 2 - 15. 17; 2007, ch. 526, §§ 1 - 20; 2010, ch. 1076, §§ 1 - 8; 2010, ch. 1107, §§ 1 - 4; 2011, ch. 54, §§ 1, 2; 2012, ch. 797, §§ 1, 2; 2012, ch. 986, § 44; 2013, ch. 269, §§ 1 - 4; 2018, ch. 745, § 9; 2021, ch. 294, § 1; repealed by Acts 2021, ch. 572, § 1, effective May 27, 2021.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-101 - Title

This chapter shall be known and may be cited as the "Tennessee Real Estate Broker License Act of 1973."
Acts 1973, ch. 181, § 1; T.C.A., § 62-1301.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 13 - TENNESSEE REAL ESTATE BROKER LICENSE ACT OF 1973 (§§ 62-13-101 — 62-13-604) › Part 1 - GENERAL PROVISIONS (§§ 62-13-101 — 62-13-112) › Section 62-13-103 - Broker or affiliate identified by single act

(a)
Any person who, directly or indirectly for another, with the intention or upon the promise of receiving any valuable consideration, offers, attempts or agrees to perform or performs any single act defined in §
62-13-102
, whether as a part of a transaction or as an entire transaction, is deemed a broker, affiliate broker or time-share salesperson within the meaning of this chapter.
(b)
The commission of a single such act by a person required to be licensed under this chapter and not so licensed constitutes a violation of this chapter.
Acts 1973, ch. 181, § 4; T.C.A., § 62-1304; Acts 1989, ch. 89, § 2.