(a)

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 68-121-117

  • 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
  • Department: means the department of labor and workforce development. See Tennessee Code 68-121-101
  • 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 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
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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
  • 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
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) It is an offense, punishable as provided in § 68-121-115, for:

(A) The owner of any amusement device to operate, or permit any person to operate, any amusement device, unless an annual permit has been issued by the department to the owner of the amusement device, which permit shall be valid in any and all counties in the state for one (1) year from the date the permit is issued.
(B) Any person to operate an amusement device, if the person:

(i) Has knowledge that the annual permit required, pursuant to subdivision (a)(1)(A), has not been issued to the owner;
(ii) Has no authority to operate the amusement device; or
(iii) Operates the amusement device beyond the authorization given to the person by the owner.
(2) If the amusement device is not at a fixed location within this state, then the owner of the amusement device shall only be required to obtain one (1) such annual permit and the permit shall be displayed in a conspicuous location.
(b) The department is authorized to charge a fee to be set by the department for the issuance of an annual permit, but the department shall not issue the permit until the owner furnishes to the department proof of insurance for, and proof of inspection of the amusement device or devices by any authorized insurer, or its designated representative. The proof of insurance shall be in an amount of not less than one million dollars ($1,000,000) per occurrence, insuring the owner or operator against liability for bodily injury and property damage arising from the use of the amusement device.
(c)

(1) If the annual permit is issued for an individual amusement device, the permit shall be prominently displayed on the amusement device.
(2) If the annual permit is issued for amusement devices to an enterprise that has multiple amusement devices owned or managed by one (1) owner, the permit shall be filed at the main office of the site where the amusement devices are located, and shall be available for inspection by any public official during the normal business hours of the office and by members of the public during the normal business operating hours of the amusement devices.
(d) The policy or bond required by this section shall be a standardized form approved by the department and obtained from one (1) or more insurers or sureties approved by the department.
  Previous section
Next section  
 Chapter 121 Contents