Part 1 License 36-3-101 – 36-3-113
Part 3 Ceremony 36-3-301 – 36-3-308
Part 4 Breach of Marriage Contract 36-3-401 – 36-3-405
Part 5 Property Rights of Spouses 36-3-501 – 36-3-505
Part 6 Domestic Abuse 36-3-601 – 36-3-626
Part 7 Alienation of Affections 36-3-701

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
  • Adverse determination: means :

    • (A) A determination by a health carrier or its designee utilization review organization that, based upon the information provided, a request for a benefit under the health carrier's health benefit plan does not meet the health carrier's requirements for medical necessity, appropriateness, healthcare setting, level of care or effectiveness and the requested benefit is therefore denied, reduced or terminated or payment is not provided or made, in whole or in part, for the benefit. See Tennessee Code 56-61-102

    • 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.
    • 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
    • Aggrieved person: means :

      • (A) A healthcare provider. See Tennessee Code 56-61-102

      • 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

          • 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.
            • 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.
              • Authorized representative: means :

                • (A) A person to whom a covered person has given express written consent to represent the covered person for purposes of this chapter. See Tennessee Code 56-61-102

                • 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
                • benefits: means those healthcare services to which a covered person is entitled under the terms of a health benefit plan. See Tennessee Code 56-61-102
                • 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
                • 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
                • Bona fide charitable or nonprofit organization: means any corporation which has been recognized as exempt from federal taxes under § 501(c) of the Internal Revenue Code (26 U. See Tennessee Code 57-4-102
                • 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.
                    • Clinical review criteria: means the written screening procedures, decision abstracts, clinical protocols and practice guidelines used by the health carrier to determine the medical necessity and appropriateness of healthcare services. See Tennessee Code 56-61-102
                    • 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
                    • 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, created pursuant to chapter 1 of this title. See Tennessee Code 57-4-102
                    • Commission: means the alcoholic beverage commission. See Tennessee Code 57-5-603
                    • Commission: means the alcoholic beverage commission, except as otherwise provided. See Tennessee Code 57-3-101
                    • commissioned officer: means commissioned or warrant officer. See Tennessee Code 58-1-102
                    • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-61-102
                    • commissioner: means the commissioner of environment and conservation. See Tennessee Code 68-212-501
                    • 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
                      • Continuance: Putting off of a hearing ot trial until a later time.
                      • 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.
                        • 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

                          • court: means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. See Tennessee Code 36-3-601
                          • Covered person: means a policyholder, subscriber, enrollee or other individual participating in a health benefit plan. See Tennessee Code 56-61-102
                          • 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 commerce and insurance. See Tennessee Code 56-1-102
                            • Dependent: A person dependent for support upon another.
                            • 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 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
                                • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
                                • 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
                                • Emergency services: means healthcare items and services furnished or required to evaluate and treat an emergency medical condition. See Tennessee Code 56-61-102
                                • 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
                                • 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.
                                • Ex officio: Literally, by virtue of one's office.
                                • External review organization: means an entity that conducts independent external reviews of adverse determinations and final adverse determinations of a health carrier. See Tennessee Code 56-61-102
                                • facility: includes any location within the property designated by the licensee. See Tennessee Code 57-4-102
                                • Facility: means an institution licensed under title 68 providing healthcare services or a healthcare setting, including but not limited to, hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation. See Tennessee Code 56-61-102
                                • Facility: means :

                                  • (A) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft. See Tennessee Code 68-212-401

                                  • 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
                                  • Felony: A crime carrying a penalty of more than a year in prison.
                                  • 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.
                                  • Final adverse determination: means an adverse determination involving a covered benefit that has been upheld by a health carrier at the completion of the health carrier's internal grievance process procedures as set forth in this chapter. See Tennessee Code 56-61-102
                                  • 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
                                  • 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
                                  • 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
                                  • 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
                                  • Grievance: means a written appeal of an adverse determination or final adverse determination submitted by or on behalf of a covered person regarding:

                                    • (A) Availability, delivery or quality of healthcare services regarding an adverse determination. See Tennessee Code 56-61-102

                                    • 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 benefit plan: means a policy, contract, certificate or agreement offered or issued by a health carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of healthcare services. See Tennessee Code 56-61-102
                                    • Health carrier: means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of healthcare services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits or healthcare services. See Tennessee Code 56-61-102
                                    • Healthcare professional: means a physician or other healthcare practitioner licensed, accredited or certified to perform specified healthcare services consistent with state law. See Tennessee Code 56-61-102
                                    • Healthcare services: means services for the diagnosis, prevention, treatment, cure or relief of a health condition, illness, injury or disease. See Tennessee Code 56-61-102
                                    • 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
                                    • 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

                                          • Holder: is a person who maintains indicia of ownership primarily to protect a security interest. See Tennessee Code 68-212-401
                                          • 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.
                                          • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                                          • Legacy: A gift of property made by will.
                                          • License: means the license issued pursuant to this chapter. See Tennessee Code 57-3-101
                                          • 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
                                              • Medical or scientific evidence: means evidence found in the following sources. See Tennessee Code 56-61-102
                                              • 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
                                              • 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 nine hundred twenty-five (925) persons or over by the federal census of 1950 or any 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

                                                  • NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 56-61-102
                                                  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
                                                  • 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
                                                  • 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: means a company that operates one (1) or more paddlewheel steamboats for hire in interstate commerce upon navigable waterways and is licensed by the United States coast guard to carry not less than one hundred (100) passengers on a single vessel, with adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state. See Tennessee Code 57-4-102
                                                  • 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: means any individual, partnership, corporation, association, syndicate, or any other combination of individuals. See Tennessee Code 57-5-502
                                                  • 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 an individual, a corporation, a partnership, an association, a joint venture, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the entities listed in this subdivision (28). See Tennessee Code 56-61-102
                                                  • 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, sexual assault or stalking 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.
                                                  • 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

                                                          • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
                                                          • Probate: Proving a will
                                                          • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
                                                          • Prospective review: means utilization review conducted prior to an admission or the provision of a healthcare service or a course of treatment in accordance with a health carrier's requirement that the healthcare service or course of treatment, in whole or in part, be approved prior to its provision or admission. See Tennessee Code 56-61-102
                                                          • provider: means a healthcare professional or a facility. See Tennessee Code 56-61-102
                                                          • 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 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
                                                            • Rank: means the order of precedence among members of the armed forces. See Tennessee Code 58-1-102
                                                            • 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

                                                              • 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.
                                                              • 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: 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
                                                              • 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
                                                              • 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

                                                                • Retrospective review: means any review of a request for a benefit that is not a prospective review request. See Tennessee Code 56-61-102
                                                                • 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
                                                                • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
                                                                • Security interest: means an interest in a site, vessel or facility created or established for the purpose of securing a loan or other obligation. See Tennessee Code 68-212-401
                                                                • 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
                                                                • 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
                                                                    • 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
                                                                    • 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

                                                                      • 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.
                                                                      • 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.
                                                                      • Uphold: The decision of an appellate court not to reverse a lower court decision.
                                                                      • 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
                                                                        • 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 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
                                                                        • 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
                                                                        • 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
                                                                        • 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
                                                                        • 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.
                                                                        • 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: