2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 11 - Locksmith Licensing Act of 2006
62-11-111 - Written application procedure and application fee Disclosure of ownership interest in business Interviews Photo identification card Expiration and renewal of license Penalty for late renewal.  

62-11-111. Written application procedure and application fee Disclosure of ownership interest in business Interviews Photo identification card Expiration and renewal of license Penalty for late renewal.

(a)  Any person desiring to be licensed as a locksmith shall make written application to the commissioner on forms prescribed by the commissioner. The applicant shall have a street address and zip code at which a summons may be served, except that a walk-in shop open to the public is not required. The application shall contain details of the applicant's training, experience and other qualifications relevant to locksmithing. An application fee, as set by the commissioner, shall accompany the application. The application shall be accompanied by the following documents:

     (1)  Proof that the applicant is at least eighteen (18) years of age;

     (2)  Sets of classifiable fingerprints on standard FBI/TBI application cards;

     (3)  Recent color photograph of acceptable quality for identification;

     (4)  Proof of a valid business license for each business entity for the county and city in which the business is located or proof of employment by an association, corporation, partnership, institution or government agency exempt from paying privilege taxes under title 67, chapter 4 and a notarized statement that no locksmithing services are being offered directly to the public;

     (5)  Proof of insurance as required by § 62-11-108;

     (6)  Proof that the applicant has passed an examination approved by the commissioner pursuant to § 62-11-106; provided, that this subdivision (a)(6) shall not apply to any person who shows satisfactory proof to the commissioner that, on June 26, 2007, the person has the equivalent of, as determined by the commissioner, at least five (5) years of full-time locksmithing experience. If the person is a sole proprietor or an owner of a locksmith shop or business, proof may be established by providing to the commissioner the municipal or county business license, sales tax identification number or federal tax identification number of the business together with the date the license or tax identification number for the locksmithing shop or business was obtained and other information that the commissioner may require for the commissioner to reasonably determine the applicant's locksmithing experience. If the person is an employee, partner or officer of a locksmithing shop or business, the proof shall be established by the owner of the shop or business certifying to the commissioner the number of years the person has been a locksmith or employed by the owner as a locksmith and a description of the duties of the employee, partner or officer. If the person has not been associated with a shop or business or has been employed by a locksmith owner for fewer than five (5) years, the person shall provide the names of previous locksmithing shops or businesses with which the person was associated or for whom the person has been employed; and

     (7)  Statements of any criminal records in each area where the applicant has resided. The commissioner may consider rehabilitation of individuals with a criminal record or records and may deem certain criminal activities to not prohibit licensure of individuals. Persons convicted of offenses involving fraud or theft shall not be entitled to licensure as a locksmith.

(b)  Applications shall disclose any and all persons, firms, associations, corporations or other entities that own or control ten percent (10%) or greater interest in the applicant's business. The applicant shall also submit an affidavit accompanying the application stating whether or not any of the persons, associations, corporations or other entities with a ten percent (10%) or greater interest in the locksmith company have been convicted of a felony. In the event the individual or entity has been convicted of a felony, the commissioner may deny the application.

(c)  If the application is satisfactory to the commissioner, then the commissioner may issue the license as a locksmith. Included in the documents issued by the commissioner shall be a photo identification card, on which shall be provided the locksmith's name, address, license number and the expiration date of the license. The photo identification card shall be carried by the locksmith at all times when performing duties as a licensed locksmith and shall be shown upon request. The commissioner shall have the authority to enter into agreements with any state agency for the production or distribution of the photo identification cards.

(d)  Licenses as a locksmith shall expire on the last day of the twenty-fourth month following their issuance or renewal and shall become invalid on that date, unless renewed.

(e)  It shall be the duty of the commissioner to notify every person licensed under this chapter of the date of expiration of the person's certificate of license and the fee required for its renewal for two (2) years. Renewal notices shall be mailed to the last known address of the locksmith ninety (90) days prior to the expiration date of the license.

(f)  The renewal must be received in the office of the commissioner no less than thirty (30) nor more than sixty (60) days prior to the expiration of the license.

(g)  The commissioner shall establish a late renewal fee in the event that a locksmith renews a license after the expiration of the license.

(h)  No locksmith shall be eligible to have a locksmith's license renewed when the locksmith has been in default in complying with this chapter for sixty (60) days. In that event, the locksmith shall submit a new application for licensure as in the case of the issuance of the original license.

(i)  The commissioner shall not grant renewal of a locksmith license until the commissioner has received satisfactory evidence of continuing education during the previous year.

(j)  All applications and documents required by subsection (a) shall be maintained by the commissioner in accordance with the policies of the department of commerce and insurance.

[Acts 2006, ch. 885, § 12; 2007, ch. 526, §§ 13-19.]