TCA 39-17-1802
Part definitions
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What does this charge mean?
This statute defines key terms for the Non-Smoker Protection Act: "employee" includes paid workers and unpaid volunteers; "employer" means businesses, nonprofits, schools, and other organizations that employ people; "enclosed area" means a space fully enclosed by walls or windows from floor to ceiling; "smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or tobacco product.
Penalty Details
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Penalty SummaryClassification not specified
As used in this part, unless the context otherwise requires: (1) “Acceptable form of identification” means: (A) A state-issued driver license. See Tennessee Code 39-17-1802Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.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. See Tennessee Code 39-17-1802Employer: 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. See Tennessee Code 39-17-1802Enclosed 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. See Tennessee Code 39-17-1802Health care facility: includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. See Tennessee Code 39-17-1802Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.Person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Tennessee Code 39-17-1802Place 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. See Tennessee Code 39-17-1802Private club: means any club or organization that does not permit the general public access to its facilities or activities. See Tennessee Code 39-17-1802Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106Restaurant: includes a bar area within the restaurant. See Tennessee Code 39-17-1802Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106Smoking: means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form. See Tennessee Code 39-17-1802State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105(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, b
View on official sourceLast verified: Feb 25, 2026
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TCA Section39-17-1802