§ 62-35-102 — Chapter definitions

As used in this chapter, unless the context otherwise requires: (1) "Armed security guard/officer" means a security guard/officer who at any time wears, carries, possesses or has access to a firearm or any facsimile of any firearm that may leave the impression that the person is armed and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia or device that identifies or tends to identify the wearer as a security guard/officer; (2) "Branch manager" means the individual who is immediately responsible for the operation of a branch office; (3) "Branch office" means any office of a contract security company within this state other than its principal place of business within this state; (4) "Certified trainer" means any individual certified by the commissioner as qualified to administer and certify to successful completion of the minimum training requirements prescribed by this chapter for a security guard/officer; (5) "Church-related school" means a school as defined in § 49-50-801 ; (6) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee; (7) "Contract security company" means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person; (8) "Licensee" means any contract security company licensed in accordance with this chapter; (9) "Person" means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity; (10) "Principal corporate officer" means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller; (11) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; (12) "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; (13) "Public charter school" means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with title 49, chapter 13; (14) "Public school" means an elementary or secondary school operated by a local education agency, as defined in § 49-1-103 , or by the state with public funds; (15) "Qualifying agent" means a principal corporate officer meeting the qualifications set forth in this chapter for operating a contract security company; (16) "Qualifying manager" means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization; (17) "Registrant" means an individual who holds a valid registration card; (18) "Registration card" means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state; (19) "Security guard/officer" means an individual employed by a contract security company or a proprietary security organization whose primary duty is to perform any function of a security guard and patrol service; (20) "Security guard and patrol service" means protection of persons or property, or both, from criminal activities, including, but not limited to: (A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property; (B) Prevention, observation or detection of any unauthorized activity on private property; (C) Enforcement of rules, regulations or local or state laws on private property; (D) Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise on private property; or (E) Street patrol service; (21) "Street patrol service" means the utilization of foot patrols, motor patrols or any other means of transportation in public areas or on public thoroughfares in order to serve multiple customers or facilities. "Street patrol service" does not apply to: (A) A management supervisor moving from one (1) customer or facility to another to inspect personnel; or (B) A security guard/officer traveling from one (1) facility to another to serve the same customer with multiple facilities; (22) "Sworn peace officer" means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality; (23) "Unarmed security guard/officer" means a security guard/officer who never wears, carries or has access to a firearm or any facsimile of a firearm that may leave the impression that the person is armed with a firearm, but who may carry other nonlethal devices as prescribed in this chapter with the proper certification and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia, or device that identifies or tends to identify the wearer as a security guard/officer; and (24) "Undercover agent" means an individual hired by another person, through a contract security company to perform a job in or for that person, and while performing the job, to act as an undercover employee, independent contractor or operative of the person, but under the supervision of the contract security company.

Legislative History

Amended by 2023 Tenn. Acts, ch. 367, s 19, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020. Acts 1987, ch. 436, § 2; 1988, ch. 987, § 1; 1996, ch. 1009, §§5-7, 28; 1997 , ch. 391, § 1.