2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 12 - Vending Machines and Commissaries
53-12-104 - Licensing.

53-12-104. Licensing.

(a)  Each owner or operator of one (1) or more vending machines and commissary operator shall file an annual application with the commissioner stating the following on forms provided by the commissioner:

     (1)  The operator's full name, and the address of the operator's headquarters or principal places of business in the state;

     (2)  The names and addresses of the partners, if a partnership exists;

     (3)  The location of the commissary or commissaries and of other warehouses and places where foods, supplies and vending machines are stored or machines are repaired or renovated;

     (4)  The identity and form of the products to be dispensed and the number of vending machines, by general product type, in the operator's possession; and

     (5)  The signature of the operator or operators.

(b)  If the commissioner finds from the application and from inspections that the applicant meets the requirements of this chapter and regulations, the commissioner shall issue an operator's license. The applicant shall pay a license fee of one hundred dollars ($100) for each license renewable on August 1 of each year. The license number issued by the commissioner and the operator's name and address shall be readily visible on each vending machine or integrated bank of vending machines. All license fees collected under this subsection (b) shall constitute expendable receipts of the department to be used in the enforcement of this chapter.

(c)  The commissioner may suspend or revoke any license issued under this chapter for violation of the chapter or any regulation adopted under this chapter. Notice in writing shall be sent to the licensee stating causes for the contemplated action and giving the operator a hearing, if requested. If the commissioner finds any grossly unsanitary condition or adulteration that may constitute a hazard to public health or safety, the commissioner may, without notice or hearing, issue a written order to the operator requiring the condemnation of the food, beverage or supplies and discontinuance of the vending machine or other equipment.

(d)  The requirements of this section shall not apply to persons who operate only machines that vend bottled or canned soft drinks or prepackaged candy, cookies, crackers, gum and unpackaged gum, nuts, and other similar nonperishable items that may be prescribed by regulation of the commissioner. Those items, however, shall be in compliance with chapter 1 of this title.

[Acts 1967, ch. 68,§§ 4, 5; T.C.A., §§ 52-1504, 52-1505.]