Terms Used In Tennessee Code > Title 36 > Chapter 3 - Marriage

• Abuse: means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, malicious damage to the personal property of the abused party, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor. See Tennessee Code 36-3-601
• active service: means military duty in a military force (not including the inactive national guard) or in the military department, under an order of the governor issued pursuant to parts 1, 2 and 4-6 of this chapter and while going to and returning from the same. See Tennessee Code 58-1-102
• Adult: means any person eighteen (18) years of age or older, or who is otherwise emancipated. See Tennessee Code 36-3-601
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
• Agency: means the Tennessee emergency management agency (TEMA). See Tennessee Code 58-2-101
• Agreement: means any agreement between a wholesaler and a supplier, oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer with an alcoholic content of five percent (5%) by weight or less sold by a supplier. See Tennessee Code 57-5-502
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Air national guard: means that part of the national guard which is:
  (A) An air force. See Tennessee Code 58-1-102
• Allegation: something that someone says happened.
• Alternating proprietorship agreement: means an agreement between two (2) or more licensed manufacturers to share all or a portion of a bonded or general premises, or both, pursuant to §. See Tennessee Code 57-3-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Ancillary business: means :
  (A) A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing or marketing of the supplier's products. See Tennessee Code 57-5-502
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Army national guard: means that part of the national guard which is:
  (A) A land force. See Tennessee Code 58-1-102
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means a water and wastewater treatment authority created pursuant to this part. See Tennessee Code 68-221-603
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Basic cost of intoxicating liquor: means the invoice cost of intoxicating liquor to the retailer in the quantity last purchased from the wholesaler at prices generally available in the marketplace, absent any cash or other discounts, incentives and/or concessions of any kind, whether such discounts, incentives, or concessions are offered within or outside of this state, to which shall be added the full face value of any taxes, freight, or delivery fees which may be required by any tax law of this state imposed upon intoxicating liquor supplied to retailers now in effect or hereafter enacted, and any other taxes or fees imposed by this title, if not already included by the wholesaler in this price. See Tennessee Code 57-3-1002
• Basic cost of wine: means the invoice cost of wine to the retailer in the quantity last purchased from the wholesaler at prices generally available in the marketplace, absent any cash or other discounts, incentives and/or concessions of any kind, whether such discounts, incentives or concessions are offered within or outside of this state, to which shall be added the full face value of any taxes, freight or delivery fees which may be required by any tax law of this state imposed upon wine supplied to retailers now in effect or hereafter enacted, and any other taxes or fees imposed by this title, if not already included by the wholesaler in this price. See Tennessee Code 57-3-902
• Beer board: means any entity issuing beer permits for off-premise consumption, pursuant to part 1 of this chapter. See Tennessee Code 57-5-603
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• beverage: means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in §. See Tennessee Code 57-3-101
• beverage: means and includes alcohol, spirits, liquor, wine, and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine or beer as defined in §. See Tennessee Code 57-4-102
• Board: means the board of commissioners of an authority. See Tennessee Code 68-221-603
• Bona fide charitable or nonprofit organization: means any corporation which has been recognized as exempt from federal taxes under §. See Tennessee Code 57-4-102
• Bonds: includes notes, interim certificates or other obligations of an authority. See Tennessee Code 68-221-603
• Broadcaster: means a radio broadcasting station or a television broadcasting station primarily engaged in the business of facilitating or originating speech, pictures or both through over the air communications, both as to pure speech and commercial speech and for all purposes operating under licenses provided by the federal communications commission and which station has been selected by the federal emergency management agency as a primary entry point. See Tennessee Code 58-2-101
• Catastrophic disaster: means a disaster that will require massive state and federal assistance, including immediate military involvement. See Tennessee Code 58-2-101
• Caterer: means a business engaged in offering food and beverage service for a fee at various locations, which:
  (A) Operates a permanent catering hall on an exclusive basis or restaurant. See Tennessee Code 57-4-102
• Certified clerk: means a clerk who has successfully satisfied the training requirements contained in this part, and who has received certification from a responsible vendor training program. See Tennessee Code 57-5-603
• Civic arts center: means a complex that serves as a community center for the arts and further possesses the following characteristics:
  (A) Has a performance hall with at least one thousand one hundred (1,100) seats. See Tennessee Code 57-4-102
• CLEO: means the chief local elected official. See Tennessee Code 58-2-101
• Clerk: means any person working in a capacity to sell beer directly to consumers for off-premise consumption. See Tennessee Code 57-5-603
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Club: means a nonprofit association organized and existing under the laws of this state, which has been in existence and operating as a nonprofit association for at least two (2) years prior to the application for a license hereunder, having at least one hundred (100) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member. See Tennessee Code 57-4-102
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
• Commanding officer: includes only commissioned officers. See Tennessee Code 58-1-102
• Commercial airline: includes any airline operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, or under an exemption from the requirement of obtaining a certificate of public convenience and necessity but otherwise regulated by an appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular schedules, or charter trips, while moving through any county of the state, but not while any such commercial airline is stopped in a county or municipality that has not legalized such sales. See Tennessee Code 57-4-102
• Commercial airline travel club: means an organization established and operated by or for a commercial airline as defined in this section for the convenience and comfort of airline passengers. See Tennessee Code 57-4-102
• Commercial passenger boat company: means a company that operates one (1) or more passenger vessels for hire upon navigable waterways and is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel. See Tennessee Code 57-4-102
• Commission: means the alcoholic beverage commission. See Tennessee Code 57-3-902
• Commission: means the alcoholic beverage commission. See Tennessee Code 57-3-1002
• Commission: means the alcoholic beverage commission. See Tennessee Code 57-5-603
• Commission: means the alcoholic beverage commission, created pursuant to chapter 1 of this title. See Tennessee Code 57-4-102
• commissioned officer: means commissioned or warrant officer. See Tennessee Code 58-1-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community theater: means a facility or theater possessing each of the following characteristics:
  (i) The community theater is at least eight (8) years old. See Tennessee Code 57-4-102
• Compacts: means the emergency management compacts included in parts 4 and 7 of this chapter. See Tennessee Code 58-2-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convention center: means a facility possessing each of the following characteristics:
  (i) Owned by the state, municipal and/or county government, or a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, and leased or operated by that government or by a nonprofit charitable corporation established to operate such facility. See Tennessee Code 57-4-102
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: 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.
• Cost to the retailer: means the "basic cost of wine" to the retailer plus the "cost of doing business by the retailer". See Tennessee Code 57-3-902
• Cost to the retailer: means the "basic cost of intoxicating liquor" to the retailer plus the "cost of doing business by the retailer". See Tennessee Code 57-3-1002
• Country club located on an historic property: means a country club that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:
  (A) Sits on real property that was formerly the home of the International Printing Pressmen Union. See Tennessee Code 57-4-102
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• court: means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. See Tennessee Code 36-3-601
• Creating governmental entity: means any city, metropolitan government or county which creates an authority pursuant to this part. See Tennessee Code 68-221-603
• Credentialing: means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care or services in or for a health facility. See Tennessee Code 58-2-802
• Critical infrastructure: means real and personal property and equipment, including, but not limited to, buildings, offices, lines, poles, pipes, structures, and equipment that:
  (A) Is owned or used by or for telecommunications service networks, mobile telecommunications service networks, internet access service networks, video programming service networks, direct-to-home satellite television programming service facilities, electric generation, transmission and distribution systems, gas distribution systems, fuel supply systems, including such systems for gasoline, diesel, biodiesel, heating fuel, jet fuel, and propane, water pipelines, and related support facilities. See Tennessee Code 58-2-202
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health. See Tennessee Code 58-2-802
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated member: means :
  (A) The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest in a wholesaler. See Tennessee Code 57-5-502
• Disaster: means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state emergency by a county, the governor, or the president of the United States. See Tennessee Code 58-2-101
• Disaster or emergency related work: means :
  (A) Repairing, renovating, installing, building, and rendering services or other business activities that relate to critical infrastructure that has been damaged, impaired, or destroyed during a disaster or emergency. See Tennessee Code 58-2-202
• Disaster relief organization: means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that:
  (A) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government, the department or TEMA. See Tennessee Code 58-2-802
• Disaster response period: means the period that begins ten (10) days before the date of the earliest event establishing a disaster or emergency and that ends one hundred twenty (120) days thereafter, or such later date as may be set by the governor or president of the United States. See Tennessee Code 58-2-202
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distiller: means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent. See Tennessee Code 57-3-101
• Distillery: means and includes any place or premises wherein any liquors are manufactured for sale. See Tennessee Code 57-3-101
• Docket: A log containing brief entries of court proceedings.
• Domestic abuse: means committing abuse against a victim, as defined in subdivision (5). See Tennessee Code 36-3-601
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• EMA: means a local emergency management agency of a political subdivision. See Tennessee Code 58-2-101
• Emergency: means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results or may result in substantial injury or harm to the population, or substantial damage to or loss of property. See Tennessee Code 58-2-101
• Emergency management: means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. See Tennessee Code 58-2-101
• Emergency response broadcaster: means a person certified pursuant to §. See Tennessee Code 58-2-101
• Energy resources: includes all forms of energy or power, including without limitation, oil, gasoline, and other petroleum products. See Tennessee Code 58-2-101
• Enlisted member: means a person in an enlisted grade or status. See Tennessee Code 58-1-102
• Entity: includes a firm, business, for profit and not-for-profit corporation, profit and not-for-profit unincorporated association, partnership, and two (2) or more persons having a joint or common economic interest. See Tennessee Code 58-2-101
• Entity: means a person other than an individual. See Tennessee Code 58-2-802
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• ESC: means the person or persons selected by the head of each executive branch agency or commissioner designated by the governor and includes alternates. See Tennessee Code 58-2-101
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive officer: means the mayor, county mayor or other chief executive officer of any creating or participating governmental entity. See Tennessee Code 68-221-603
• facility: includes any location within the property designated by the licensee. See Tennessee Code 57-4-102
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal recognition: means acknowledgment by the federal government that a person appointed to an authorized grade and position vacancy in the national guard meets the prescribed federal standards for such grade and position. See Tennessee Code 58-1-102
• Festival operator: means a person licensed under this subdivision (16) who is either a for-profit business operating a festival for a period of up to seven (7) days in length in which alcoholic beverages or beer will be sold, given away, or otherwise dispensed or a third party with whom such for-profit business engages to conduct alcoholic beverage or beer sales during such festival. See Tennessee Code 57-4-102
• Fiduciary: A trustee, executor, or administrator.
• Firearm: means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. See Tennessee Code 36-3-601
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Food hall: means a public place:
  (i) Kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served. See Tennessee Code 57-4-102
• Fraud: Intentional deception resulting in injury to another.
• gallons: means a wine gallon or wine gallons, of one hundred and twenty-eight ounces (128 oz. See Tennessee Code 57-3-101
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received. See Tennessee Code 57-3-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under §. See Tennessee Code 57-5-502
• Governing body: means the chief legislative body of any creating or participating governmental entity. See Tennessee Code 68-221-603
• Grade: means a step or degree, in a graduated scale of office, or military rank, that is established and designated as a grade by law or regulations. See Tennessee Code 58-1-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health practitioner: means an individual licensed under any chapter of titles 62, 63 or 68, or their counterparts in another state, to provide health services. See Tennessee Code 58-2-802
• Health services: means :
  (A) The provision of treatment, care, advice or guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:

  (i) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:

  (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care. See Tennessee Code 58-2-802
• High alcohol content beer: means an alcoholic beverage which is beer, ale or other malt beverage having an alcoholic content of more than eight percent (8%) by weight and not more than twenty percent (20%) by weight, except wine as defined in §. See Tennessee Code 57-3-101
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Historic inn: means a historic building that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:
  (i) Was built in 1824 and was formerly the oldest continuously operating inn in Tennessee. See Tennessee Code 57-4-102
• Historic interpretive center: means a facility possessing each of the following characteristics:
  (i) The center is located in an historic area of town where structures listed on the national register of historic places are located. See Tennessee Code 57-4-102
• Historic mansion house site: means the buildings and grounds of a historic mansion house, located in any county having a metropolitan form of government, included in the Tennessee register of historic places, and operated by the Association for the Preservation of Tennessee Antiquities, and including Association for the Preservation of Tennessee Antiquities sites owned by this state. See Tennessee Code 57-4-102
• Historic performing arts center: means a facility possessing each of the following characteristics:
  (i) The center is located in a restored theater that is at least fifty (50) years old and listed on the national register of historic places. See Tennessee Code 57-4-102
• Host entity: means an entity operating in this state that uses volunteer health practitioners to respond to an emergency. See Tennessee Code 58-2-802
• Importer: means any person or entity holding a non-manufacturer non-resident seller's permit pursuant to §. See Tennessee Code 57-3-101
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• infused product: means any product created from the combining or mixing of an alcoholic beverage with nonalcoholic products or material over a sustained period of time, and at the time of the combination or mixing, the combination or mixture is not intended for immediate consumption. See Tennessee Code 57-4-108
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
• Intestate: Dying without leaving a will.
• Intoxicating liquor: means and includes alcohol, spirits, liquors, and every liquid or solid, patented or not, containing alcohol, spirits, liquor, or wine and capable of being consumed by human beings, but nothing in this part shall be construed or defined as including or relating to the sale of any beverage having an alcoholic content of eight percent (8%) by weight or less. See Tennessee Code 57-3-1002
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the license issued pursuant to this chapter. See Tennessee Code 57-3-101
• License: includes authorization under the laws of this state to an individual to provide health services based upon a national certification issued by a public or private entity. See Tennessee Code 58-2-802
• Licensed business: means a business entity that is currently licensed to do business in this state. See Tennessee Code 58-2-202
• Licensee: means any person to whom such license has been issued pursuant to this chapter. See Tennessee Code 57-3-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited service restaurant: means a facility possessing each of the following characteristics:
  (A) Is a public place which has a seating capacity for at least forty (40) patrons and that is kept, used, maintained, advertised and held out to the public as a place where during regular hours of operation:

  (i) Alcoholic beverages, beer or wine are served to patrons. See Tennessee Code 57-4-102
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local emergency management agency: means an organization created in accordance with this chapter to discharge the emergency management responsibilities and functions of a political subdivision. See Tennessee Code 58-2-101
• Major disaster: means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance. See Tennessee Code 58-2-101
• Manufacture: means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery. See Tennessee Code 57-3-101
• Manufacturer: means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier. See Tennessee Code 57-3-101
• Military department: means the military agency or division of the state, the composition of which is set forth in §. See Tennessee Code 58-1-102
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor speedway: means a motor sports facility that possesses the following characteristics:
  (i) Is located in a county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census, and at least one (1) municipality located in such county has adopted liquor by the drink. See Tennessee Code 57-4-102
• Municipality: means an incorporated town or city having a population of:
  (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census. See Tennessee Code 57-3-101
• Museum: means a building or institution serving as a repository of natural, scientific or literary curiosities or works of art for public display and further possesses the following characteristics:
  (i) The museum is at least fifty (50) years old. See Tennessee Code 57-4-102
• National guard: means the army national guard and the air national guard. See Tennessee Code 58-1-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Oversight: Committee review of the activities of a Federal agency or program.
• Paddlewheel steamboat company: includes a paddlewheel steamboat company that possesses the following characteristics:
  (a) Has its principal dock located on the Cumberland River at Pennington Bend. See Tennessee Code 57-4-102
• Participating governmental entity: means any utility district, metropolitan government, city, town or county. See Tennessee Code 68-221-603
• Partnership: 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.
• Passenger train: includes any passenger train operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular or special schedules, or charter trips, while moving through any county of the state, but not while any such passenger train is stopped in a county or municipality that has not legalized such sales. See Tennessee Code 57-4-102
• Person: includes a natural person or entity organized under the laws of this state or any other state or territory of the United States or the federal government, as the case may be, and includes both the singular and plural. See Tennessee Code 58-2-101
• Person: means any individual, partnership, corporation, association, syndicate, or any other combination of individuals. See Tennessee Code 57-5-502
• Person: means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 58-2-802
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Petitioner: means the person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense in a petition for an order for protection. See Tennessee Code 36-3-601
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Political subdivision: means any municipality or county, including any county having metropolitan form of government, created pursuant to law. See Tennessee Code 58-2-101
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preferred response: means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest. See Tennessee Code 36-3-601
• premier type tourist resort: means :
  (A) A commercially operated recreational facility possessing each of the following characteristics:

  (i) Ownership and operation by a profit type corporation having a capitalization of not less than ten million dollars ($10,000,000). See Tennessee Code 57-4-102
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Prices generally available in the marketplace: shall mean the price of wine based upon a purchase from a wholesaler on terms and conditions:
  (A) Typically available to nonfood store retailers in the trade area in which the retailer is located. See Tennessee Code 57-3-902
• Prices generally available in the marketplace: means the price of intoxicating liquor based upon a purchase from a wholesaler on terms and conditions:
  (A) Typically available to retailers in the trade area in which the retailer is located. See Tennessee Code 57-3-1002
• Privileging: means the authorizing by an appropriate authority, such as a governing body, of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill. See Tennessee Code 58-2-802
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Public aquarium: means a facility which contains a collection of living aquatic animals whose sole or primary habitat is water and which facility provides for care and housing for public exhibition, and also possesses the following characteristics:
  (A) The exhibits containing live aquatic animals for public viewing are housed in a building having at least one hundred thousand square feet (100,000 sq. See Tennessee Code 57-4-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public official: means an elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state. See Tennessee Code 58-2-101
• Quorum: The number of legislators that must be present to do business.
• Rank: means the order of precedence among members of the armed forces. See Tennessee Code 58-1-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Reasonable standards and qualifications: means those criteria established and consistently applied by a supplier to wholesalers in Tennessee and adjoining states who:
  (A) Have entered into, continued or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business. See Tennessee Code 57-5-502
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Rectifier: means and includes any person who rectifies, purifies or refines distilled spirits or wines by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits, shall, by mixing such spirits, wine or other liquor with any material, manufacture any imitation of, or compounds liquors for sale under the name of, whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name. See Tennessee Code 57-3-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Respondent: means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection. See Tennessee Code 36-3-601
• Responding out-of-state business: means a business entity that, except for work related to a disaster or emergency, has no presence in this state, conducts no business in this state, and whose services are requested by a licensed business or by this state or a local government for purposes of performing disaster or emergency related work in this state, including, but not limited to, a business entity that is affiliated with a licensed business solely through common ownership and otherwise meets this definition of a responding out-of-state business. See Tennessee Code 58-2-202
• Responding out-of-state employee: means an employee of a responding out-of-state business or licensed business who does not work in this state, except for disaster or emergency related work. See Tennessee Code 58-2-202
• Responsible vendor: means a vendor that has received certification from the commission pursuant to this part. See Tennessee Code 57-5-603
• Responsible vendor training program: means a training program related to the responsible sale of beer for off-premise consumption that has met all the statutory and regulatory requirements set forth in this part, and in commission rules and regulations. See Tennessee Code 57-5-603
• Restaurant: means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and seating capacity of at least forty (40) people at tables, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. See Tennessee Code 57-4-102
• Retail food store wine license: means a license for the sale of wine at retail in a retail food store as defined in part 8 of this chapter. See Tennessee Code 57-3-101
• Retailer: means any person who sells at retail any beverage for the sale of which a license is required under this chapter. See Tennessee Code 57-3-101
• Retailer: shall mean the holder of a retail food store wine license issued under §. See Tennessee Code 57-3-902
• Retailer: means the holder of a retailer license under §. See Tennessee Code 57-3-1002
• Retaliatory action: includes , but is not limited to, the refusal to continue an agreement or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Tennessee Code 57-5-502
• Retirement center: means a facility that contains each of the following characteristics:
  (i) The center is located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 57-4-102
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• sale at retail: means a sale to a consumer or to any person for any purpose other than for resale. See Tennessee Code 57-3-101
• Scope of practice: means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Tennessee Code 58-2-802
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual assault victim: means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, as defined in §. See Tennessee Code 36-3-601
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Special historic district: means any area with specific boundaries that possesses the following characteristics:
  (A) Was organized pursuant to a municipal urban planning and development board. See Tennessee Code 57-4-102
• Special occasion license: means a license which the commission may issue to a bona fide charitable, nonprofit or political organization. See Tennessee Code 57-4-102
• Sports authority facility: means a facility possessing the following characteristics:
  (i) The facility is owned or operated by a sports authority established under title 7, chapter 67, a public building authority or a governmental entity. See Tennessee Code 57-4-102
• Stalking victim: means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in §. See Tennessee Code 36-3-601
• State: means the state of Tennessee. See Tennessee Code 68-221-603
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 58-2-802
• State: 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• substantial partner: means a stockholder of or partner in the wholesaler who owns an interest of ten percent (10%) or more of the partnership or of the capital stock of a corporate wholesaler. See Tennessee Code 57-5-502
• Suite: means any room or group of rooms, leased by the operator of a sports authority facility or a convention center, physically located within such facility or center, where access to such room or rooms is restricted to the lessee or such lessee's guests. See Tennessee Code 57-4-102
• Supplier: means a manufacturer or importer of beer. See Tennessee Code 57-5-502
• TEMA: means the Tennessee emergency management agency. See Tennessee Code 58-2-802
• TEMP: means Tennessee emergency management plan. See Tennessee Code 58-2-101
• Tennessee River resort district: means a club, hotel, motel, restaurant or limited service restaurant located within a jurisdiction that has elected Tennessee River resort district status pursuant to §. See Tennessee Code 57-4-102
• Terminal building of a commercial air carrier airport: means a building, including any concourses thereof, used by commercial airlines and their customers for sale of airline tickets, enplaning and deplaning of airline passengers, loading and unloading of baggage and cargo, and for providing other related services for the convenience of airline passengers and others, located in any airport which is served by one (1) or more commercial airlines, and:
  (A) Is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments or whose membership is appointed pursuant to §. See Tennessee Code 57-4-102
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theater: means any establishment in which motion pictures are exhibited to the public regularly for a charge. See Tennessee Code 57-4-102
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treatment works: means any devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters, or any devices and systems used in the treatment and distribution of water, including intercepting sewers, outfall sewers, sewage collection systems, water storage facilities, water transmission lines, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof. See Tennessee Code 68-221-603
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Urban park center: means a facility or designated area possessing the following characteristics:
  (i) The center is owned, operated, or leased by a municipal or county government, or any agency or commission thereof. See Tennessee Code 57-4-102
• Vendor: means a person, corporation or other entity that has been issued a permit to sell beer for off-premise consumption. See Tennessee Code 57-5-603
• Venue: The geographical location in which a case is tried.
• Vintner: means any person who owns, occupies, carries on, works, conducts or operates any winery, either personally or by an agent. See Tennessee Code 57-3-101
• Voluntary aid or assistance: means actions taken by individual units of the national guard, within guidelines provided by the governor, to provide local communities with assistance during times of crisis not otherwise declared by the governor or president of the United States as a disaster or emergency. See Tennessee Code 58-1-102
• Weapon: means a firearm or a device listed in §. See Tennessee Code 36-3-601
• Wholesaler: means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter. See Tennessee Code 57-3-101
• Wholesaler: means a person or entity that sells beer to retailers, but does not include any manufacturer authorized to sell directly to retailers pursuant to §. See Tennessee Code 57-5-502
• Wine: means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. See Tennessee Code 57-3-101
• Wine: means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. See Tennessee Code 57-4-102
• Winery: means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded, and also includes a winery for the manufacture of wine. See Tennessee Code 57-3-101
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
• Zoological institution: means a facility which contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
  (i) The zoo is owned, operated, or leased by a municipal or county government. See Tennessee Code 57-4-102