Tenn. Comp. R. & Regs. 0660-06-.02 - FIXED PLACE OF BUSINESS

(1) An establishment shall not be operated, and no establishment license shall be granted or renewed, unless the applicant has a fixed place of business or establishment that is devoted to the care and preparation of dead human bodies.

(2) The Board, in determining whether an applicant's proposed fixed place of business or establishment is devoted to the care and preparation of dead human bodies, may consider factors including, but not limited to, the following:

(a) Any indication in the proposed establishment's name that suggests the establishment will be engaged in any activity other than the care and preparation of dead human bodies;

(b) Any evidence at the proposed place of business that suggests activity other than that incidental to the care and preparation of dead human bodies;

(c) The type of professional signage displayed in connection with any goods or services provided within the establishment;

(d) If the establishment is located within a business complex, whether the establishment is clearly separated from any other entity located within the complex and clearly distinguished by professional signage;

(e) The volume of preparation services or commemorative services provided for non-human remains; and

(f) The type and/or volume of advertising materials that offer preparation services or commemorative services for non-human remains.

Notes

Tenn. Comp. R. & Regs. 0660-06-.02

Original rule filed January 28, 1975; effective April 28, 1975. Repealed and new rule filed June 13, 1980; effective September 29, 1980. Repealed and new rule filed February 20, 1985; effective March 22, 1985. Amendment filed December 7, 2009; effective March 7, 2010. Amendments filed December 12, 2018; effective 3/12/2019.

Authority: T.C.A. §§ 62-5-203, 62-5-313, 62-5-313(a), and 62-5-317.