Tennessee Code 62-35-123 – Notice to commissioner prior to acting as proprietary security organization – Restrictions on carrying weapon – Proprietary security organization that has license or permit for on-premises consumption
(a) It is unlawful for a person to act as a proprietary security organization without first having notified the commissioner in writing. Except as provided in subsection (d), the notice must include:
Terms Used In Tennessee Code 62-35-123
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.
Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-35-102
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.
Person: means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity. See Tennessee Code 62-35-102
Proprietary security organization: means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship. See Tennessee Code 62-35-102
Qualifying manager: means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization. See Tennessee Code 62-35-102
(1) The full name and business address of the proprietary security organization;(2) The full name and the business and residence addresses of the qualifying manager; and(3) Other information that the commissioner may reasonably require.(b) [Deleted by 2023 amendment.](c) Notwithstanding subsection (a), a hospital that employs only unarmed security guards/officers may voluntarily elect to submit to the requirements for a proprietary security organization under this chapter and evidence the election by filing with the commissioner the notice required in subsection (a). The hospital may revoke the notice at any time upon appropriate notice of revocation to the commissioner.(d) A proprietary security organization that has a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board shall:
(1) Include with the initial notice to the commissioner in subsection (a):
(A) Documentation of insurance coverage compliant with § 62-35-114;(B) One (1) set of classifiable electronic fingerprints of the qualifying manager; and(C) A registration fee of one hundred dollars ($100);(2) Submit a biennial fee of one hundred dollars ($100) to the commissioner to maintain the organization’s status as a proprietary security organization; and(3) Provide the commissioner with the full name, the business and residence addresses, and one (1) set of classifiable electronic fingerprints of the new qualifying manager within fifteen (15) days of a change in the qualifying manager if a proprietary security organization’s qualifying manager changes. A proprietary security organization in violation of this subdivision (d)(3) is subject to a civil penalty pursuant to § 56-1-308.(e) Upon receipt of a notice to act as a proprietary security organization from a person that has a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, the commissioner shall:
(1) Conduct an investigation to determine whether the statements made in the initial notice are true;(2) Compare or request that the Tennessee bureau of investigation compare the fingerprints submitted with the notice to fingerprints filed with the bureau; and(3) Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has recorded convictions.
