Tenn. Comp. R. & Regs. 1670 — Tourist Development

agency-1670Tenn. Comp. R. & Regs. 1670Regulation

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Chapter 1670-01 Repealed

Tenn. Comp. R. & Regs. 1670-01 Repealed

RULES

OF TENNESSEE DEPARTMENT OF TOURIST DEVELOPMENT

DIVISION OF HOTEL AND RESTAURANT INSPECTION

Chapter 1670-02-01 Repealed

Tenn. Comp. R. & Regs. 1670-02-01-.01 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.
Tenn. Comp. R. & Regs. 1670-02-01-.03 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.
Tenn. Comp. R. & Regs. 1670-02-01-.02 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.

Chapter 1670-03-01 Repealed

Tenn. Comp. R. & Regs. 1670-03-01-.01 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.
Tenn. Comp. R. & Regs. 1670-03-01-.04 REPEALED

History

  • Authority: Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal by Public Chapter 575; effective July 1, 1976.
Tenn. Comp. R. & Regs. 1670-03-01-.02 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.
Tenn. Comp. R. & Regs. 1670-03-01-.03 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.

Chapter 1670-04-01 Welcome Centers

Tenn. Comp. R. & Regs. 1670-04-01-.01 GENERAL

The Division of Welcome Centers is responsible for the operation of our seven Welcome Center facilities in the State of Tennessee. Our Welcome Centers receive an average of 1.3 million registrants annually with one out of every three persons registering, which equals 4 million persons with an average of 2.5 persons per car stopping at our Welcome Centers. The Welcome Centers provide tourist information to an estimated million persons annually at our seven centers in our competitive effort with the other southeastern states to sell tourists to visit in the State of Tennessee.

History

  • Authority: Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original Rule filed June 1, 1976; effective July 1, 1976.
Tenn. Comp. R. & Regs. 1670-04-01-.02 FAMILIARIZATION TRAINING

The Division of Welcome Centers is responsible for providing familiarization training to all Welcome Center hostesses on each of the nine tourist regions in the State of Tennessee through visitations to each region toward its effort to assure that they are knowledgeable to promote and sell tourists on all of the tourist attractions.

History

  • Authority: Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original Rule filed June 1, 1976; effective July 1, 1976. -- 1 of 1 --

Chapter 1670-05-01 Guidelines for Organization Applying for Tourist Promotion Matching Funds

Tenn. Comp. R. & Regs. 1670-05-01-.01 PURPOSE

(1) By the provisions set forth in Tennessee Code Annotated (“T.C.A.”) § 4-3-2207, State Matching Funds may be distributed to any regularly chartered, non-profit tourist promotion organization or tax exempt public agency promoting tourism throughout all the area within a planning region of the State of Tennessee as delineated by the [former] State Planning Commission and reiterated by Executive Order No. 17 issued by Governor Buford Ellington on October 14, 1968 (hereafter an “Organization”).

(2) It is further stated that each said Organization operating under the provisions of this chapter shall operate in complete accordance with T.C.A. § 4-3-2207, and that funds appropriated to implement the provisions of this chapter are subject to the recommendation of the Commissioner of Tourist Development and approval of the Commissioner of Finance and Administration.

(3) Pursuant to the above and in compliance with T.C.A. § 4-3-2207, the following guidelines are hereby established, compliance with which is necessary for any organization requesting certification for State Matching Funds.

History

  • Authority: T.C.A. §§ 4-346, 4-3-2201 et seq., 4-3-2206, and 4-5-201 et seq.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal and new rule filed August 27, 1979; effective October 10, 1979. Amendments filed June 3, 2016; effective September 1, 2016.
Tenn. Comp. R. & Regs. 1670-05-01-.02 APPLICATION AND CERTIFICATION

(1) The applying Organization shall submit with its initial application for State Matching Funds each fiscal year, a roster of its membership, together with the annual dues paid to the Organization and dues structure which shall act as certification that the applying Organization represents all the counties within its Planning Region (“Region”) relative to the promotion of tourism. Annual dues paid for membership in the Organization or donations made to the Organization shall constitute acceptable matching local funds.

(2) The applying Organization shall annually submit proof of its charter and non-profit status as either a non-profit corporation or a tax exempt public agency.

History

  • Authority: T.C.A. §§ 4-346, 4-3-2201 et seq., 4-3-2206, and 4-5-201 et seq.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal and new rule filed August 27, 1979; effective October 10, 1979. Amendments filed June 3, 2016; effective September 1, 2016.
Tenn. Comp. R. & Regs. 1670-05-01-.03 REQUIREMENTS AND AUDIT

(1) The applying Organization is required to furnish the Department of Tourist Development an annual report of its activities conducted by an independent public accountant registered with the Tennessee State Board of Accountancy for the prior fiscal year (July 1 of the prior year through June 30 of the present year). This report must be received by the Commissioner of Tourist Development before consideration will be given to approving said Organization for new fiscal year funding of State Matching Funds. Additionally, each applying Organization shall be subject to audit annually by the Office of the Comptroller of the Treasury, State of Tennessee.

(2) Bylaws of the applying Organization shall accompany the applying Organization's request for State Matching Funds, together with a roster of the Organization’s Officers, Directors and Members of the Board showing representation from each county represented by the Organization. The Bylaws shall require that the applying Organization will operate under generally accepted good business practices. In addition, the applying Organization must provide the following:

(a) Documentation showing the signature of at least one (1) authorized person from the Organization shall be required on all checks written on the Organization’s account;

(b) Proof that Paid Executive(s) and other persons having access to the funds of said Organization are bonded at least to the amount of the State Matching Funds portion of the Organization’s annual budget; and, (c) Documentation of the dues structure of the Organization.

(3) The applying Organization shall submit, together with its application for State Matching Funds at the beginning of a fiscal year (July 1), a copy of the Organization’s marketing plan and total budget projections for the full fiscal year.

(4) No application for State Matching Funds will be considered at the commencement of a fiscal year until an independent public accountant registered with the Tennessee State Board of Accountancy has furnished the Department of Tourist Development with an annual report of the Organization’s activities for the previous fiscal year and it has been received and reviewed by the Commissioner of the Department of Tourist Development and found to be in compliance with these guidelines and the intent of applicable provision of the Tennessee Code Annotated.

(5) The applying Organization must submit a letter, signed by its officers, stating that the Organization’s officers fully comprehend and intend to adhere to these guidelines and the applicable Sections of the Tennessee Code Annotated.

History

  • Authority: T.C.A. §§ 4-346, 4-3-2201 et seq., 4-3-2206, and 4-5-201 et seq.
  • Administrative History: Original Rule filed June 1, 1976; effective July 1, 1976. Repeal and new rule filed August 27, 1979; effective October 10, 1979. Amendments filed June 3, 2016; effective September 1, 2016.
Tenn. Comp. R. & Regs. 1670-05-01-.04 APPROVAL AND FUNDS

(1) The above mentioned documents must be sent to the Department of Tourist Development before any Organization can receive State Matching Funds. After review of the submitted documents by the Department of Tourist Development, the applying Organization will be notified of its eligibility to receive the applied for State Matching Funds.

(2) An approved Organization must forward to the Department of Tourist Development the following:

(a) The complete name and mailing address of Organization;

(b) By Xerox, or another similar method, copies of checks received from the Organization’s membership which are being used as local matching money, along with copies of deposit slips showing such funds as actually having been deposited in the Organization's account. Only those monies collected during the fiscal year for which the Organization is applying may be used as that Organization’s matching money; and, (c) Minutes of at least two (2) meeting of the Board of Directors of the Organization will be held during a fiscal year with a quorum present.

(3) The Chief Executive Officer of an approved Organization shall meet with representative(s) of the Department of Tourist Development at least semi-annually during a fiscal year for the

purpose of reviewing marketing goals of an approved Organization.

(4) In order for the applying Organization to be eligible to retain up to the entire $35,000.00 in State Matching Funds, said Organization must, during the fiscal year spend a total of $52,500.00 ($35,000.00 of State Matching Funds, $17,500.00 of Region-raised funds based on a ratio of $2.00 of State Matching Funds for every $1.00 of locally raised funds) on tourist promotions which may include use of up to forty percent (40%) of State Matching Funds for administrative expenses in the Region. If the Organization does not have sufficient local matching funds to request up to a total of $35,000.00 within a fiscal year period, then the appropriate amount of State Matching Funds will be retained by the Department of Tourist Development.

(5) The final request for State Matching Funds in a fiscal year must be received by the Department of Tourist Development no later than May 31 st of that fiscal year.

(6) Upon receipt of a completed application for State Matching Funds, said application will be sent to the Commissioner of Tourist Development for recommendation and the Commissioner of Finance and Administration for approval and payment upon certification by the appropriate official of the applying Organization that Region-raised matching funds are available. State Matching Funds shall be distributed to the Organization on the basis of two dollars ($2.00) in State Matching Funds for each one dollar ($1.00) contributed by the membership or through donations to the applying Organization up to a maximum of thirty-five thousand dollars ($35,000.00) each fiscal year, according to the provisions of the law.

History

  • Authority: T.C.A. §§ 4-346, 4-3-2201 et seq., 4-3-2206, 4-3-2207, and 4-5-201 et seq.
  • Administrative History: Original Rule filed June 1, 1976; effective July 1, 1976. Repeal and new rule filed August 27, 1979; effective October 10, 1979. Amendments filed June 3, 2016; effective September 1, 2016.
Tenn. Comp. R. & Regs. 1670-05-01-.05 EXPENDITURE OF APPROVED FUNDS

(1) The following provisions prevail as to use of State Matching Funds by an approved Organization and shall be considered evidence of that Organization’s receipt of local matching contributions.

(2) All Organizations applying for and receiving State Matching Funds should maintain a separate Disbursement Journal pertaining to that portion of its budget funded by State Matching Funds.

The following shall be adhered to as to expenditures of State Matching Funds monies:

(a) No more than forty percent (40%) of the total of State Matching Funds received in a fiscal year may be used for the administrative expense of operating said Organization.

Administrative expenses include: salaries, in part or in total, of any employee, commissions, rent, machinery, office equipment, utilities, furnishings, taxes, payroll or otherwise, postage, insurance, telephone and other amenities generally considered essential in the day-to-day operation of a business.

(b) No State Matching Funds may be used to reimburse any member or contributor of said Organization for monies received which are used as locally raised matching funds, by cash transaction, development of promotional materials for a contributor or in-kind services.

(c) Travel expenses to bona fide tourism travel/trade shows, exhibits, conventions, seminars, meetings, by authorized personnel representing the Organization are deemed to be eligible for State Matching Funds, provided attendance at such functions is in accordance with the Organization's marketing plan and the State's Travel Regulations.

(d) Expenditures for promotional materials and events of the Organization's planning area, i.e., brochures of the Region, advertising through travel/trade press, billboards, new media, including radio, television, newspapers, periodicals, and other such outlets as are approved by the Commissioner of the Department of Tourist Development and outlined in the Organization's marketing plan.

(e) Sponsoring familiarization tours within the Region to expose the area to travel/trade writers, travel agents, bus operators, tour brokers and wholesalers, airline personnel, and other groups capable of bringing visitors to the Region are deemed acceptable uses of State Matching Funds.

History

  • Authority: T.C.A. §§ 4-346, 4-3-2201 et seq., 4-3-2206, 4-3-2207, and 4-5-201 et seq.
  • Administrative History: Original Rule filed June 1, 1976; effective July 1, 1976. Repeal and new rule filed August 27, 1979; effective October 10, 1979. Amendment filed September 24, 1985; effective December 14, 1985. Amendments filed June 3, 2016; effective September 1, 2016.
Tenn. Comp. R. & Regs. 1670-05-01-.06 REPEALED

History

  • Authority: T.C.A. §§ 4-346, 4-3-2201 et seq., 4-3-2206, 4-3-2207, and 4-5-201 et seq.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 27, 1979; effective October 10, 1979. Amendments filed June 3, 2016; effective September 1, 2016.

Chapter 1670-06-01 Repealed

Tenn. Comp. R. & Regs. 1670-06-01-.01 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.
Tenn. Comp. R. & Regs. 1670-06-01-.02 REPEALED

History

  • Authority: T.C.A. § 4-4-103 and Chapter 468 of the Public Acts of 1976.
  • Administrative History: Original rule filed June 1, 1976; effective July 1, 1976. Repeal filed August 30, 2024; effective November 28, 2024.

Chapter 1670-07-01 Access to the Public Records of the Department of Tourist Development

Tenn. Comp. R. & Regs. 1670-07-01-.01 PURPOSE AND SCOPE OF AUTHORITY

The Tennessee Public Records Act (“TPRA”), T.C.A. §§ 10-7-501 et seq., requires each state agency to provide public access to agency records, unless exempted by the TPRA. This chapter establishes the process and procedure through which the Department of Tourist Development shall provide access to public records, pursuant to T.C.A. § 10-7-503.

(1) Department of Tourist Development public records shall, at all times during regular business hours from 8:00 AM to 4:30 PM Central Time, Monday through Friday, except for holidays and/or state issued office closures, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless provided by law. Appointments for viewing are required and are to be done through the contact mechanisms of Rule 1670-07-01-.03.

(2) The Department of Tourist Development is not required to sort through files to compile information or to create or recreate a record that does not exist.

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019.
Tenn. Comp. R. & Regs. 1670-07-01-.02 DEFINITIONS

(1) “Records Custodian” means any office, official or employee of the Department of Tourist Development lawfully responsible for the direct custody and care of a public record. The Records Custodian is not necessarily the original preparer or receiver of the record.

(2) “Public Records” means all documents, papers, letters, maps, books, photographs, mircofilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form of characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency, not otherwise protected by law or exempt from disclosure under the TPRA; and does not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record.

(3) “Public Records Request Coordinator” or “PRRC” means any individual within the Department of Tourist Development whose responsibility it is to ensure that public records requests are routed to the appropriate records custodian and fulfilled in accordance with the TPRA. The Public Records Request Coordinator may also be a records custodian.

(4) “Requestor” means a person seeking access to a public record, whether it is for inspection or duplication.

June, 2019 2

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019.
Tenn. Comp. R. & Regs. 1670-07-01-.03 REQUESTING ACCESS TO PUBLIC RECORDS

(1) Public record requests shall be made to the PRRC or designee in order to ensure public records requests are routed to the appropriate custodian and fulfilled in a timely manner.

(2) Proof of Tennessee citizenship is required as a condition to inspect or receive copies of public records. Proof of citizenship can be furnished by:

(a) Presentation of a valid Tennessee driver’s license, or other state issued photographic identification card that includes the requestor’s Tennessee address prior to the inspection of records or a requestor obtaining the records in person; or (b) Submission of a request on business letterhead with the business address in Tennessee. Records will be sent to the Tennessee address on the letterhead and not to any other address; or (c) Requestor may affirm Tennessee citizenship through the mechanisms of submission set out in Section (5) below. Additional identification may be requested if conflicting information about the requestor’s residency is provided.

(3) The Department of Tourist Development reserves the right to request additional identification of the validity of the identification presented or of the business address is in question. The requestor will be notified in writing, when possible, of the need for additional documentation.

(4) A Requestor shall make a request for copies of Public Records in writing to the PRRC. When submitting a written request for copies, a Requestor may, but is not required to use the Public Records Request Form, located on the Department of Tourist Development website on the About the Department, Staff Directory Page, link below at Rule 1670-07-01-.03(5).

(5) A Requestor may request access to Public Records maintained and received by the Department of Tourist Development by making a request in-person, by telephone, fax, mail, email or online portal, depending on whether the Requestor is asking to inspect or receive copies of the Public Records.

Department of Tourist Development Attn: Public Records Request Coordinator 312 Rosa L. Parks Avenue, TN Tower, 13 th Floor Nashville, TN 37243 p: (615) 741-9065 f: (615) 741-9071 Tourism.OpenRecords@tn.gov https://stateoftennessee.formstack.com/forms/tourism_public_records_request (6) Requests for inspection only are not required to be in writing.

(7) A request for inspection or copying of a Public Record shall be sufficiently detailed to enable the Department to identify the specific records for inspection or copying.

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019. June, 2019 3
Tenn. Comp. R. & Regs. 1670-07-01-.04 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Upon receipt of a public records request(s), the PRRC will review the request and make a determination of the following:

(a) If the Requestor provided evidence of Tennessee citizenship, pursuant to Rule 1670- 07-01-.03;

(b) If the records requested are described with sufficient specificity as to be identified;

(c) If the Department of Tourist Development is the custodian of the Public Records;

(d) If the records requested, or any of their contents, are not subject to disclosure based on applicable federal or state laws or rules; and (e) If applicable, the Department of Tourist Development will inform the Requestor, in writing, of the reasonable copying and labor charges to produce copies and any determinations made regarding aggregation of multiple or frequent requests.

(2) The PRRC shall acknowledge receipt of the request to the requestor and take any of the following appropriate action(s):

(a) Advise the requestor of this rule and the elections made regarding:

  1. Proof of Tennessee citizenship;

  2. Form(s) required for copies;

  3. Fees (and labor threshold and waivers, if applicable); and 4. Aggregation of multiple or frequent requests.

(b) If appropriate, the request will be denied in writing and the ground(s) provided as one (1) of the following:

  1. The requestor is not, or has not presented evidence of being a Tennessee citizen;

  2. The request lacks specificity. The Department of Tourist Development may work with requestors to clarify the request;

  3. An exemption makes the record not subject to disclosure under the TPRA, and inform the requestor of the specific exemption;

  4. The Department of Tourist Development is not the custodian of the requested record; and/or 5. The records requested do not exist.

(c) If appropriate, the requestor will be contacted to determine if the request can be specified and/or narrowed.

(d) If requested records are in the custody of a different government entity and the PRRC knows the correct governmental entity, the Requestor will be advised of the correct governmental entity and PRRC for that entity, if known.

June, 2019 4 (3) Upon receiving a public records request, a Department of Tourist Development records custodian in collaboration with the PRRC shall promptly make requested public record available. If the records custodian is uncertain than an applicable TPRA exemption applies, the custodian may consult with the PRRC of the Office of General Counsel.

(a) If not practicable to promptly provide requested records, a records custodian in collaboration with the PRRC shall, within seven (7) business days from the records custodian’s receipt of the request, communicate with the requestor the reason for the delay and an estimate of the time necessary to produce the records or determine the proper response to the request because additional time is necessary:

  1. To determine whether the requested records exist;

  2. To search for, retrieve, or otherwise gain access to records;

  3. To determine whether the records are open;

  4. To redact records; or 5. For other similar reasons.

(b) If a public records request is denied, the requestor shall be notified in writing.

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019.
Tenn. Comp. R. & Regs. 1670-07-01-.05 INSPECTION AND COPIES OF RECORDS

(1) There shall be no charge to inspect Public Records. Charges may be assessed for reasonable costs incurred in producing requested materials in accordance with Tenn. Code Ann. § 10-7-503(a)(5) and Tenn. Code Ann. § 10-7-503(a)(7)(c)(i).

(2) If, after viewing the records, a requestor wishes to obtain copies, the Department of Tourist Development shall calculate cost based on the copy and labor charges for the entire request, and, if the requestor does not wish to obtain all records produced, shall pro-rate the charges on a per page basis.

(a) The Requestor will be allowed to make copies of personally inspected Public Records with his or her personal equipment, to include portable scanner, cell phone or camera;

(b) The Requestor will not be allowed to connect any personal equipment directly to a Department of Tourist Development computer or electronic device, including but not limited to, utilizing a flash drive, in order to make copies of Public Records.

(3) If the Department of Tourist Development determines to fulfill the request, the Department shall promptly respond to a public records request for copies by making the copies available to the Requestor in the following manner:

(a) For pick-up at a location specified by the PRRC;

(b) By regular mail delivery through the United States Postal Service to the Requestor’s home address or other acceptable address within Tennessee; or (c) By electronic delivery of copies to an email address as provided by the Requestor.

June, 2019 5 1. Records which include personally identifiable information cannot be sent by email.

  1. Records which contain allowable personally identifiable information will only be provided by Secure File Transfer Protocol, if provided electronically.

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019.
Tenn. Comp. R. & Regs. 1670-07-01-.06 FEES, PAYMENT AND WAIVERS

(1) The Department of Tourist Development shall assess charges for the copying and labor required to produce copies of the requested Public Records based on the most current version of the Schedule of Reasonable Charges, issued by the Office of Open Records Counsel (“OORC”). The Schedule of Reasonable Charges is available on the Tennessee Comptroller of the Treasury’s website on the OORC page.

(2) The Department of Tourist Development shall provide a Requestor with a written, itemized estimate of the copying or labor charges prior to producing copies of records. The Requestor must agree, in writing, to pay the charges prior to the Department producing the Public Records. Payment in advance will be required before producing requested Public Records.

(3) When charges for copies and labor do not exceed $50.00, the charges may be waived by the PRRC.

(4) Payment of charges shall be payable to the Department of Tourist Development in the form of cashier’s check, money order, or other reliable means as determined by the Department of Tourist Development.

(5) If an outside vendor is utilized to compile, review or redact Public Records in response to a public records request, then the Requestor will be charged the vendor’s costs.

(6) The Commissioner of the Department of Tourist Development or the Commissioner’s designee, may waive or reduce any part of the fees calculated under these rules upon a written determination that such waiver or reduction would be in the best interest of the public.

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019.
Tenn. Comp. R. & Regs. 1670-07-01-.07 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) The Department of Tourist Development will aggregate record requests in accordance with the Reasonable Charges for Frequent and Multiple Requests promulgated by the Office of Open Records Counsel when more than four (4) requests are received within a calendar month either from a single individual or a group of individuals deemed to be working in concert. Records requests will be aggregated at the Department of Tourist Development level.

(2) The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the Office of Open Records Counsel.

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019. June, 2019 6
Tenn. Comp. R. & Regs. 1670-07-01-.08 FAILURE TO INSPECT COPIES OR FAILURE TO PAY

(1) If a Requestor makes two (2) or more requests to view a Public Record within a six (6) month period and, for each request, the Requestor fails to view the Public Record within fifteen (15) business days of receiving notification that the record is available to view, the Department of Tourist Development is not required to comply with any public records request from the Requestor for a period of six (6) months from the date of the second request to view the Public Record unless it is determined the failure to view the Public Record was for good cause.

(2) If a Requestor makes a request for copies of a public record and, after copies have been produced, the person fails to pay the Department of Tourist Development the cost of producing such copies, the Department of Tourist Development is not required to comply with any public records request from the person until the person pays for such copies; provided that the person was provided with an estimated cost for producing the copies in accordance with state law and these rules prior to producing the copies and the Requestor agreed to pay the estimated cost for such copies.

History

  • Authority: T.C.A. §§ 4-4-103 and 10-7-503.
  • Administrative History: Original rules filed March 13, 2019; effective June 11, 2019.

Chapter 1670-08-01 Economic Protection Zones Emergency rules filed July 31, 2026; effective through January 27, 2027.

Tenn. Comp. R. & Regs. 1670-08-01-.01 PURPOSE AND AUTHORITY

(1) Purpose. The rules in this Chapter are promulgated to implement T.C.A. §§ 7-92-101 et seq., as enacted relative to Tourism Development Zones, 2026 Pub. Ch. 1024, for the purpose of designating tourism development zones in Tennessee as economic protection zones. The rules are designed to protect and stimulate economic activity by establishing uniform standards for access, public property use, and public safety within economic protection zones.

(2) Scope. This Chapter 1670-08-01 applies uniformly to all tourism development zones designated pursuant to T.C.A. § 7-88-103, throughout the State of Tennessee.

(3) Supremacy of Transportation Authority. These rules do not supersede, alter, or limit the regulatory authority of the Department of Transportation over the state highway rights-of-way or to regulate activities within its jurisdiction.

(4) Jurisdiction of the Tennessee Highway Patrol. Having concurrent enforcement authority with local law enforcement agencies, the Tennessee Highway Patrol may facilitate temporary, or emergency road closures as set forward in Rules 1670-08-01-.04 and 1670-08-01-.05. When acting in this capacity, the Tennessee Highway Patrol shall notify the local law enforcement agency.

History

  • Authority: T.C.A. §§ 7-92-101, et seq.
  • Administrative History: Emergency rules filed July 31, 2026; effective through January 27, 2027.
Tenn. Comp. R. & Regs. 1670-08-01-.02 DEFINITIONS

(1) “Alley” means any public or private way affording secondary means of vehicular or pedestrian access to abutting property.

(2) “Business” means any commercial enterprise, retail establishment, restaurant, hotel, entertainment venue, or other entity engaged in lawful commerce within a tourism development zone.

(3) “Business interruption” means any temporary cessation, suspension, reduction, or material impairment of a business’s normal operations within a tourism development zone caused by obstruction of ingress or egress, closure or blockage of streets or rights-of-way, denial of access to customers or suppliers, interference with delivery of goods or services, loss of parking or loading zones, disruption of vehicular or pedestrian traffic flow, or any other action or condition that prevents the business from conducting its ordinary course of commerce and serving its customers, whether caused by governmental action, permitted events, construction activities, or other circumstances within the scope of these rules.

July, 2026 2 (4) “Camping” has the same meaning as the term is defined in T.C.A. § 39-14-414.

(5) “Commissioner” means the commissioner of the Department of Tourist Development.

(6) “Construction activity” means any work involving the building, repair, maintenance, or improvement of public or private infrastructure, buildings, or utilities, including activities authorized through a local government permitting process.

(7) “Department” means the Tennessee Department of Tourist Development.

(8) “Economic protection zone” means a tourism development zone designated under Chapter 1670-08-01 for the purposes of protecting and stimulating economic activity.

(9) “Electric bicycle” has the same meaning as the term is defined in T.C.A. § 55-8-301.

(10) “Electric scooter” has the same meaning as the term is defined in T.C.A. § 55-8-101.

(11) “Emergency” has the same meaning as the term is defined in T.C.A. § 29-34-203.

(12) “Emergency Action Plan” means a plan required to host an event within a tourism development zone that outlines site maps, crowd management, medical services and incident procedures.

(13) “Event” means any organized public or private gathering, celebration, festival, concert, parade, demonstration, or similar activity occurring within a tourism development zone.

(14) “Event operator” or “Event promoter” means any person, organization, or entity that has obtained a permit from a local government to conduct an event within a tourism development zone.

(15) “First responder” has the same meaning as the term is defined in T.C.A. § 29-34-203.

(16) “Local government” means an incorporated city or town, county, or metropolitan form of government with a certified tourism development zone.

(17) “Loitering” has the same meaning as the term is defined in T.C.A. § 39-17-307.

(18) “Pedestrian traffic” means the movement of persons on foot or using a mobility assistive device through streets, sidewalks, plazas, or other public areas.

(19) “Permit” means written authorization issued by a local government for an event, construction activity, or other regulated activity within a tourism development zone.

(20) “Public property” means streets, alleys, sidewalks, parks, plazas, parking lots, driveways, rights-of-way, public buildings, or other locations owned or controlled by a governmental entity and open to or accessible by the public.

(21) “Public transportation vehicle” means any bus, trolley, shuttle, or other conveyance operated for the purpose of transporting members of the public for hire or as a public service.

(22) “Right-of-Way” means land, property, or interest therein acquired for or devoted to a street, highway, alley, walkway, or other purpose providing for public passage.

(23) “Taxicab” has the same meaning as the term is defined in T.C.A. § 7-51-1007.

(24) “Tourism” has the same meaning as the term is defined in T.C.A. § 4-3-2211.

July, 2026 3 (25) “Tourism development” has the same meaning as the term is defined in T.C.A. § 4-3-2211;

(26) “Tourism development zone” means an area designated as such pursuant to T.C.A. § 7-88- 103.

(27) “Tourism event” has the same meaning as the term is defined in T.C.A. § 4-3-2211.

(28) “Tourism promotion” has the same meaning as the term is defined in T.C.A. § 4-3-2211.

(29) “Tourist” or “visitor” have the same meaning as the terms are defined in T.C.A. § 4-3-2211.

(30) “Transportation network company” or “ride sharing companies” means a corporation, partnership, sole proprietorship, or other entity operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.

(31) “Vehicular traffic” means the movement of motor vehicles, bicycles, or other conveyances through streets, alleys, or other public ways.

(32) “Web Content Accessibility Guidelines” means the internationally recognized digital accessibility standards developed by the World Wide Web Consortium to ensure digital content is accessible to all users.

History

  • Authority: T.C.A. §§ 4-3-2211, 7-51-1007, 7-88-103, 29-34-203, 39-14-414, 55-8-101, 55-8-301, and 58- 2-101.
  • Administrative History: Emergency rules filed July 31, 2026; effective through January 27, 2027.
Tenn. Comp. R. & Regs. 1670-08-01-.03 DESIGNATION OF ECONOMIC PROTECTION ZONES

(1) Automatic Designation. All tourism development zones established under T.C.A. § 7-88-103, are hereby designated as economic protection zones for the purposes of protecting and stimulating economic activity within such zones.

(2) Compliance. All documents submitted to the Department shall meet Web Content Accessibility Guidelines Level AA or the federally prevailing technical compliance standard as of the time of submission. Failure to submit as directed will result in noncompliance directed by Rule 1670- 08-01-.07.

History

  • Authority: T.C.A. §§ 7-92-101, et seq.
  • Administrative History: Emergency rules filed July 31, 2026; effective through January 27, 2027.
Tenn. Comp. R. & Regs. 1670-08-01-.04 INGRESS AND EGRESS

(1) General Prohibition on Obstruction. A local government shall not block streets or other rightsof-way within an economic protection zone in a manner that:

(a) Disrupts the operation of businesses within the tourism development zone;

(b) Prohibits the delivery of goods, services, merchandise, food, and beverages to businesses and patrons within the tourism development zone;

(c) Prohibits taxicabs, public transportation vehicles, or ride sharing companies from picking up or dropping off persons within the tourism development zone;

(d) Causes business interruption; or July, 2026 4 (e) Fails to comply with 42 U.S.C. §§ 12101 et seq.

(2) Facilitation of Access. Local governments shall regulate ingress and egress into businesses and public property within tourism development zones in a manner that facilitates access to tourists and residents. Local governments shall not institute any pilot programs, programs and/or mechanisms of governance that impede this access.

(3) Maintenance of Clear Passage. Streets, alleys, sidewalks, parks, plazas, parking lots, driveways, rights-of-way, public buildings, and other locations open to or accessible by the public within a tourism development zone shall be maintained in a condition that permits clear and unobstructed passage for vehicular and pedestrian traffic.

(4) Business Access Requirements. Local governments shall ensure that:

(a) All businesses within a tourism development zone have reasonable and unobstructed access for customers, employees, suppliers, and service providers;

(b) Loading zones and delivery areas are kept accessible during business operating hours;

(c) Signage directing visitors to businesses and points of interest remains visible and unobstructed; and (d) Any action that may result in business interruption is minimized in duration and impact.

(5) Transportation Network Access. Local governments shall:

(a) Designate and maintain clearly marked areas for:

  1. Taxicabs, public transportation vehicles, and transportation network companies to pick up and drop off passengers; and 2. Electric bicycles and electric scooter corrals ensuring compliance with 42 U.S.C. §§ 12101 et seq.

(b) Ensure that designated pick-up and drop-off areas are reasonably distributed throughout the tourism development zone to facilitate convenient access; and (c) Prohibit actions that unreasonably interfere with the ability of transportation providers to serve the tourism development zone.

(6) Prohibited Conduct. The following conduct on public property within an economic protection zone is prohibited when it obstructs or interferes with ingress or egress to businesses, or obstructs pedestrian or vehicular traffic:

(a) Unlawful loitering.

(b) Obstructive sitting: Occupying a seated position on a sidewalk, walkway, or other public way in a manner that:

  1. Blocks or substantially impedes pedestrian or vehicular passage;

  2. Obstructs ingress or egress to a business entrance or exit; or 3. Occupies more than one-third of the width of a pedestrian walkway during peak pedestrian traffic hours, defined as 7:00 a.m. to 10:00 p.m.

July, 2026 5 (c) Camping.

(d) Obstructive sleeping: Lying down or reclining on public property in a manner that:

  1. Blocks or substantially impedes pedestrian or vehicular passage;

  2. Obstructs ingress or egress to a business entrance or exit; or 3. Occurs in a location that creates a hazard to pedestrian or vehicular traffic.

(7) Exemptions. The prohibitions in paragraph (6) of this Rule do not apply to:

(a) Persons using benches, seating areas, or other facilities specifically designed and designated for public seating or rest;

(b) Persons participating in permitted events or activities authorized by the local government;

(c) Persons waiting in line to enter a business or attend an event;

(d) Persons using mobility assistive devices for persons with disabilities;

(e) Persons experiencing a medical emergency;

(f) Persons sitting or resting on public property in a manner that does not obstruct ingress, egress, or traffic flow;

(g) Persons complying with lawful enforcement orders; or (h) Conduct protected by the First Amendment to the United States Constitution or Article I,

Section 19 of the Tennessee Constitution.

History

  • Authority: T.C.A. §§ 7-92-101, et seq.
  • Administrative History: Emergency rules filed July 31, 2026; effective through January 27, 2027.
Tenn. Comp. R. & Regs. 1670-08-01-.05 TEMPORARY CLOSURES AND EXCEPTIONS

(1) Permitted Temporary Closures. Notwithstanding the general prohibition on blocking streets or rights-of-way set forth in Rule 1670-08-01-.04, a local government or state agencies with jurisdiction may temporarily prohibit ingress or egress or block streets or other rights-of-way into or within a tourism development zone under the following circumstances:

(a) Emergencies: For purposes of providing exclusive access to first responders during an emergency;

(b) Permitted Events: For an event permitted by the local government to an event operator or event promoter;

(c) Construction and Infrastructure Work: For construction, maintenance, repair, or improvement of public or private infrastructure, buildings, or utilities, including activities authorized through a local government permitting process; or (d) Rule-Based Closures: In accordance with applicable standards and procedures prescribed in this Chapter 1670-08-01.

July, 2026 6 (2) Emergency Closures.

(a) Authority: Local governments, state agencies with jurisdiction and first responders may immediately close streets, rights-of-way, or public areas within a tourism development zone when necessary to respond to an emergency.

(b) Notification: When practicable, the local government and state agencies with jurisdiction shall provide advance notice to affected businesses and the public through electronic communication, signage, or other appropriate means.

(c) Duration: Emergency closures shall remain in effect only for the duration necessary to address the emergency and restore public safety.

(d) Reopening: Streets and rights-of-way shall be reopened to normal traffic as soon as the emergency has been resolved and it is safe to do so.

(3) Permitted Event Closures.

(a) Permit Requirement: Any closure of streets or rights-of-way for an event must be authorized by a valid permit issued by the local government to an event operator or event promoter.

(b) Application Requirements: An application for a permit authorizing street or right-of-way closure shall include:

  1. The name and contact information of the event operator or promoter;

  2. A detailed description of the event, including the type of event, expected attendance, and planned activities;

  3. The proposed date, start time, and end time of the event and any associated closures;

  4. A map or diagram showing the specific streets, rights-of-way, or public areas proposed to be closed;

  5. A traffic management plan detailing alternate routes, detour signage, and measures to minimize disruption to businesses and residents;

  6. An emergency action plan;

  7. Evidence of liability insurance in amounts required by the local government; and 8. Any other information required by local ordinance or regulation.

(c) Notice to Businesses: The local government shall require the event operator or promoter to provide written notice of the proposed closure to all businesses within the affected area not less than fourteen (14) calendar days before the event, except in cases where the local government determines that a shorter notice period is appropriate.

(d) Business Access Plan: The permit application shall include a plan for maintaining reasonable access to businesses during the event, including provisions for:

  1. Pedestrian access to business entrances;

  2. Delivery of goods and services during non-peak event hours;

July, 2026 7 3. Parking alternatives for employees and customers;

  1. Signage directing patrons to open businesses; and 5. Emergency Action Plan.

(e) Duration Limits: Street closures for permitted events shall be limited to the minimum duration necessary to conduct the event, including reasonable setup and breakdown time.

(f) Coordination: The local government shall coordinate with affected businesses, residents, and public safety agencies before approving a permit authorizing street or right-of-way closures.

(4) Construction Activity Closures.

(a) Permit Requirement: Closures of streets or rights-of-way for construction, maintenance, repair, or improvement activities must be authorized through a valid permit or approval issued by the local government.

(b) Traffic Control Plan: Any permit authorizing a closure for construction activity shall require submission and approval of a traffic control plan that:

  1. Identifies alternate routes and detours;

  2. Provides for appropriate signage and barricades;

  3. Maintains emergency vehicle access;

  4. Minimizes disruption to businesses and pedestrian traffic; and 5. Specifies the hours during which closures or lane restrictions will be in effect.

(c) Business Impact Mitigation: The local government shall require construction permit holders to:

  1. Provide advance notice to affected businesses of planned closures or lane restrictions;

  2. Maintain pedestrian access to business entrances to the greatest extent practicable;

  3. Coordinate delivery and service vehicle access during off-peak construction hours;

  4. Install directional signage indicating that businesses remain open during construction; and 5. Limit full street closures to overnight hours or weekends where feasible.

(d) Duration: Construction-related closures shall be limited to the minimum duration necessary to complete the work safely and efficiently.

(5) Coordination with Tennessee Highway Patrol. When a local government temporarily closes or restricts access to streets or rights-of-way within a tourism development zone, the local July, 2026 8 government shall promptly notify the district captain within the Tennessee Highway Patrol and provide information regarding:

(a) The location and extent of the closure or restriction;

(b) The reason for and expected duration of the closure;

(c) Alternate routes and detours; and (d) Contact information for the local official responsible for the closure.

History

  • Authority: T.C.A. §§ 7-92-101, et seq.
  • Administrative History: Emergency rules filed July 31, 2026; effective through January 27, 2027.
Tenn. Comp. R. & Regs. 1670-08-01-.06 LOCAL GOVERNMENT COMPLIANCE AND REPORTING

(1) Compliance Obligation. Local governments that have established tourism development zones shall comply with the requirements of Tennessee Code Annotated, Title 7, Chapter 1, and this

Chapter 1670-08-01.

(2) Annual Reporting. Each local government shall submit an annual report in a form and means required by the Department by March 1 of each year, covering the preceding calendar year, that includes:

(a) A summary of initiatives or plans supporting tourism events, tourism development, or tourism promotion;

(b) Data on business activity, including the number of businesses operating within the zone, net new business change, commercial vacancy rates and business survival rate;

(c) Any pilot program or policy established by local government regulating the subject matter of this Rule;

(d) Information on permitted events held within the tourism development zone, including the name and date of the event, estimated attendance, economic impact where available, and any reported business interruptions;

(e) A summary of any temporary closures of streets or rights-of-way within the tourism development zone, including the reason, duration, location, and impact on businesses;

(f) Documentation of all instances of business interruption exceeding four (4) continuous hours, including date, time, duration, affected businesses, cause, and remedial measures taken;

(g) Data on enforcement activities related to Rule 1670-08-01-.04(6), if available;

(h) A list of all entities within the tourism development zone that received state grant funding during the reporting period;

(i) Any challenges or issues affecting the operation or effectiveness of the tourism development zone; and (j) Recommendations for improvement of the rules in Chapter 1670-08-01 or state support for tourism development zones.

July, 2026 9 (3) Biennial Survey Reporting. Each local government shall meaningfully request contact details from hoteliers, businesses, attractions, gift shops, residents and federally or locally registered special interest groups located within the economic protection zone in its jurisdiction. Each stakeholder contacted is responsible for updating their contact if changes are required.

(a) The survey shall request at minimum feedback regarding impact to the stakeholder regarding: ingress and egress into businesses and public property; loitering, sitting or sleeping on public property impacting ability to access businesses; ability to utilize public streets and buildings; delivery access constraints; permitting and licensing impacts and traffic management, including street closures.

(b) Survey results must be provided to the Department within sixty (60) days following the closure of survey response deadline and posted on the local government’s website.

History

  • Authority: T.C.A. §§ 7-92-101, et seq.
  • Administrative History: Emergency rules filed July 31, 2026; effective through January 27, 2027.
Tenn. Comp. R. & Regs. 1670-08-01-.07 FAILURE TO COMPLY

(1) Failure to submit or complete requirements required under Rule 1670-08-01-.06 shall result in:

(a) First Instance. The Department will issue a notice on a form approved by the Commissioner indicating the reasons for noncompliance.

(b) Second Instance. If noncompliance continues for thirty (30) days after receiving the notice, the noncompliant tourism development zone shall receive a second notice indicating the continuing reasons for noncompliance. Within sixty (60) days of receipt of the second notice, the tourism development zone shall submit a plan for remediation to the commissioners of Tourist Development, Economic and Community Development, Environment and Conservation and Safety.

(2) Annual. The Department shall submit all notices issued for Failure to Comply to the Chairs of the Government Operations Committee, Tennessee General Assembly, on July 1 and list on the Department’s website.

History

  • Authority: T.C.A. §§ 7-92-101, et seq.
  • Administrative History: Emergency rules filed July 31, 2026; effective through January 27, 2027.

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