2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1802 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Acceptable form of identification" means:
(A)
A state-issued driver license;
(B)
A state-issued identification card;
(C)
A valid passport; or
(D)
A valid military identification;
(2)
"Age-restricted venue" means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;
(3)
"Cigar bar" means a legal establishment that:
(A)
Holds a valid license or permit for the on-premises consumption of alcoholic beverages;
(B)
Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors;
(C)
Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and
(D)
Does not permit vaping or the smoking of products other than cigars on the premises;
(4)
"Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person's services for a nonprofit entity;
(5)
"Employer" means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or nonprofit entity that employs the services of one (1) or more individual persons;
(6)
"Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;
(7)
"Health care facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions. "Health care facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities;
(8)
"Person" means an individual, partnership, committee, association, corporation or any other organization or group of persons;
(9)
"Place of employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility;
(10)
"Place of worship" means any enclosed area that is:
(A)
Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to §
67-5-212
, based on ownership and use of the enclosed area by a religious institution; and
(B)
Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;
(11)
(A)
"Private club" means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria:
(i)
Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors;
(ii)
Limit access and use of facilities, services and activities of the organization to members and guests of the members;
(iii)
Be controlled by its membership and operate solely for the benefit and pleasure of its members; and
(iv)
Advertise exclusively and only to its members, excluding membership drives;
(B)
"Private club" also means any institution or organization that has received a determination of exemption from the internal revenue service under
26 U.S.C. § 501(c)(19)
;
(12)
"Public place" means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms;
(13)
"Restaurant" means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives, or offers for sale, food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. "Restaurant" includes a bar area within the restaurant;
(14)
"Retail tobacco store" means a retail store that derives its largest category of sales from tobacco products and accessories;
(15)
"Retail vapor product store" means a retail store that derives the store's largest category of sales from vapor products and accessories;
(16)
"Service line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;
(17)
"Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments;
(18)
(A)
"Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form;
(B)
"Smoking" also means using a vapor product that delivers aerosolized or vaporized nicotine, or any other substance, to the person inhaling from the device;
(19)
"Sports arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events; and
(20)
"Vapor product" has the same meaning as defined in §
39-17-1503
.
Amended by 2022 Tenn. Acts, ch. 1110, s 4, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 551, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 551, s 1, eff. 7/1/2021.
Acts 2007 , ch. 410, § 1; 2008 , ch. 897, § 2.