Tenn. Comp. R. & Regs. 1240-01-58-.02 - DEFINITIONS
For purposes of this Chapter:
(1) "Adult cabaret" is an establishment that
features, as a principal use of its business, entertainers, waiters, or
bartenders who expose to public view of the patrons within such establishment,
at any time, the bare female breast below a point immediately above the top of
the areola, human genital, pubic region, or buttocks, even if partially covered
by opaque material or completely covered by translucent material, including
swim suits, lingerie, or latex covering. "Adult cabaret" includes a commercial
establishment that features entertainment of an erotic nature, including exotic
dancers, strippers, male or female impersonators, or similar
entertainers.
(2) "Assistance Unit
(AU)" means the "aid group (AG)" or group of people applying for or receiving
Families First/TANF cash assistance benefits.
(3) "Automated teller machine (ATM)" is an
electronic cash dispensing device from which an account holder may withdraw
cash, including public assistance benefits, using an electronic benefit
transfer card.
(4) "Casino,"
"gambling casino," or "gaming establishment," means an establishment with a
primary purpose of accommodating the wagering or gambling of money. The term
"casino," "gambling casino," or "gaming establishment" does not include either:
(a) A grocery store which sells groceries
including staple foods and which also offers, or is located within the same
building or complex as, casino, gambling, or gaming activities; or
(b) Any other establishment that offers
casino, gambling, or gaming activities incidental to the principal purpose of
the business.
(5)
"Department" means the Department of Human Services.
(6) "Electronic benefit transfer (EBT) card"
is a debit card which allows the EBT card holder to access public assistance
benefits through an ATM or point of sale device.
(7) "EBT transaction" means the use of a
credit or debit card service, automated teller machine, point-of-sale terminal,
or access to an online system for the withdrawal of funds or the processing of
a payment for merchandise or a service.
(8) "Families First" refers to the temporary
public assistance program administered by the Department and provided under the
federal Temporary Assistance for Needy Families (TANF), pursuant to Title IV-A
of the Social Security Act.
(9)
"Gambling" means risking anything of value for a profit whose return is to any
degree contingent on games of chance associated with casinos, including, but
not limited to, slot machines, roulette wheels and the like.
(10) "Intoxicating Liquor" means and includes
alcohol, spirits, liquors, wines, and every liquid or solid, patented or not,
containing alcohol, spirits, liquor or wine, and capable of being consumed by
human beings.
(11) "Knowingly"
means that an EBT card user, merchant, or business entity has actual knowledge
that the EBT card contains public assistance benefits and the ATM or point of
sale device used for the illegal transaction is located in a liquor store,
casino, gambling casino, gaming establishment, adult cabaret, or tobacco store
(however, ATM use is permitted in tobacco stores). The term "knowingly" may be
established by direct or circumstantial evidence of knowledge that the EBT card
contains public assistance benefits and the ATM or point of sale device is
located in a liquor store, casino, gambling casino, gaming establishment, adult
cabaret, or tobacco store.
(12)
"Liquor store" is any retail establishment which sells exclusively or primarily
intoxicating liquor. The term "liquor store" does not include a grocery store
which sells both intoxicating liquor and groceries including staple
foods.
(13) "Located in". An ATM,
POS device, or other online system used for the withdrawal of funds or
processing of payments is "located in" a liquor store, casino, gambling casino,
gaming establishment, adult cabaret, or tobacco store, when the ATM, POS
device, or other online system is located on any part of the merchant's
business property, which is either owned or leased by the merchant.
(14) "Point of sale (POS) device" is any
terminal at which a customer makes a payment to a merchant in exchange for
goods or services, including any manual or electronic terminal where a Families
First/TANF recipient may complete a retail transaction using an EBT
card.
(15) "Protective payee" is a
person, other than the caretaker or grantee relative who is disqualified from
directly receiving public assistance benefits under this Chapter, to whom a
Families First/TANF grant is made payable for the benefit of the qualified
members of the AU. A protective payee has responsibility for administering the
payment for the benefit of the AU.
(16) "Public assistance benefits" means
money, in cash or in other forms of exchange, provided directly or indirectly
to a Families First/TANF recipient through the Families First/TANF
program.
(17) "Tobacco store" means
a licensed retail store that derives its largest category of sales from the
sale of loose tobacco, cigars, cigarettes, pipes, and other smoking
accessories.
Notes
Authority: T.C.A. §§ 4-5-201 et seq.; 4-51-102; 7-51-1102; 39-17-501; 39-17-1802(13); 57-3-101; 71-3-103; 71-3-126, 42 U.S.C. § 601 et seq.; 42 U.S.C. § 608(a)(12)(B).
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