Terms Used In Tennessee Code > Title 39 > Chapter 17 > Part 15 - Prevention of Youth Access to Tobacco and Electronic Cigarettes Act

• Aerial passenger tramways: means recreational transportation of passengers on devices that are usually referred to by the following names:
  (A)Reversible Aerial Tramways. See Tennessee Code 68-121-101
• 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
• Alteration: means any change or addition to the equipment other than ordinary repairs or replacement. See Tennessee Code 68-121-101
• 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.
• Amusement device: includes , but is not limited to, roller coasters, Ferris wheels, merry-go-rounds, glasshouses, and walk-through dark houses. See Tennessee Code 68-121-101
• 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.
• 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
• 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.
• bidis: means a product containing tobacco that is wrapped in temburni leaf (dispyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis. See Tennessee Code 39-17-1503
• Board: means the elevator and amusement device safety board, created in §. See Tennessee Code 68-121-101
• Capital provider: means a private third-party entity, including its designee, successor, and assigns, that makes or funds C-PACER financing, including refinancing, under this chapter. See Tennessee Code 68-205-102
• 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
• Commercial property: means :
  (A) Privately owned commercial, industrial, or agricultural real property. See Tennessee Code 68-205-102
• Commissioner: means the commissioner of agriculture or the commissioner's duly authorized representative. See Tennessee Code 39-17-1503
• Commissioner: means the commissioner of labor and workforce development. See Tennessee Code 68-121-101
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of agriculture. See Tennessee Code 39-17-1503
• Department: means the department of labor and workforce development. See Tennessee Code 68-121-101
• Dumbwaiter: means a hoisting and lowering mechanism equipped with a car that moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet (9 sq. See Tennessee Code 68-121-101
• Elevator: means a hoisting and lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction and that serves two (2) or more floors of a building. See Tennessee Code 68-121-101
• Escalator: means a moving inclined continuous stairway or runway used for raising or lowering passengers. See Tennessee Code 68-121-101
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Financing: means financing and refinancing for qualified projects under this chapter. See Tennessee Code 68-205-102
• Financing agreement: means the contract under which a property owner agrees to repay a capital provider for the C-PACER financing, including, but not limited to, details of finance charges, fees, debt servicing, accrual of interest and penalties, and terms relating to treatment of prepayment and partial payment, billing, collection, and enforcement of the C-PACER financing. See Tennessee Code 68-205-102
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Freight elevator: means an elevator used primarily for carrying freight and on which only the operator and the persons necessary for loading and unloading are permitted to ride. See Tennessee Code 68-121-101
• Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
• 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.
• Hemp: means the plant Cannabis sativa L. See Tennessee Code 39-17-1503
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local government: means a county, metropolitan government, municipality, or other political subdivision of this state. See Tennessee Code 68-205-102
• Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
• 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.
• Moving walks: means a moving runway for transporting passengers, where the passenger transporting surface remains parallel to its direction of motion and is uninterrupted. See Tennessee Code 68-121-101
• Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
• Operator: means a person or the agent of a person who owns or controls, or has the duty to control, the operation of an amusement device or related electrical equipment. See Tennessee Code 68-121-101
• Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
• Owner: means a person that owns, leases, controls or manages the operations of an amusement device and may include the state or any political subdivision of the state. See Tennessee Code 68-121-101
• 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 elevator: means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading. See Tennessee Code 68-121-101
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means any individual, firm, fiduciary, partnership, corporation, trust, or association. See Tennessee Code 39-17-1503
• program: means a commercial property assessed clean energy program established under this chapter. See Tennessee Code 68-205-102
• Program administrator: means the entity designated by a local government to administer a C-PACER program, including:
  (A) A department or individual within a local government. See Tennessee Code 68-205-102
• Program guidebook: means a comprehensive document that illustrates the applicable program and establishes appropriate guidelines, specifications, underwriting and approval criteria, and standard application forms consistent with the administration of a program and not detailed in this chapter, including:
  (A) A form assessment contract between the local government and the property owner specifying the terms of assessment under the program, financing provided by a third party, and remedies for default or foreclosure. See Tennessee Code 68-205-102
• Project application: means an application submitted for a program to demonstrate that a proposed project qualifies for C-PACER financing and for a C-PACER assessment and lien. See Tennessee Code 68-205-102
• Proof of age: means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See Tennessee Code 39-17-1503
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Property: 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 39-11-106
• Property owner: means the owner or owners on title, duly recorded, of a commercial property. See Tennessee Code 68-205-102
• Public place: means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building. See Tennessee Code 39-17-1503
• Qualified improvement: means a permanent improvement installed and affixed to commercial property and intended to:
  (A) Decrease energy consumption or demand through the use of efficiency technologies, products, or activities that reduce or support the reduction of energy consumption. See Tennessee Code 68-205-102
• Qualified inspector: means any person who is:
  (A) Found by the commissioner to possess the requisite training and experience in respect to amusement devices to perform competently the inspections required by this chapter. See Tennessee Code 68-121-101
• Qualified project: means a project approved by the program administrator, involving the installation or modification of a qualified improvement, including new construction or the adaptive reuse of eligible property with a qualified improvement, and including qualified improvements installed no more than two (2) years prior to the date of application. See Tennessee Code 68-205-102
• Quorum: The number of legislators that must be present to do business.
• 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
• 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
• Record owner: means the owner listed on the property's legal documents on file or the owner of an estate for years created pursuant to a written ground lease agreement or similar agreement. See Tennessee Code 68-205-102
• Region: means a geographical area as determined by a local government pursuant to §. See Tennessee Code 68-205-102
• Related electrical equipment: means any electrical apparatus or wiring used in connection with amusement devices. See Tennessee Code 68-121-101
• 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
• Safety rules: means the rules and regulations governing rider conduct on an amusement device pursuant to §. See Tennessee Code 68-121-101
• Sampling: means the distribution of samples to members of the general public in a public place. See Tennessee Code 39-17-1503
• Serious incident: means any single incident where any person or persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on, or the operation of, the amusement device. See Tennessee Code 68-121-101
• Serious physical injury: means a patron's personal injury immediately reported to the owner or operator as occurring on an amusement device and that results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation. See Tennessee Code 68-121-101
• Services: 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 39-11-106
• 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
• Smoking hemp: means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product. See Tennessee Code 39-17-1503
• 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.
• Tobacco product: means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis. See Tennessee Code 39-17-1503
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• 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