Unlawful employments, publications, and activities

Tenn. Code Ann. § 62-35-134, under Private Protective Services Licensing and Regulatory Act.

Tenn. Code Ann. § 62-35-134

(a) (1) It is unlawful for any person to knowingly employ as a security guard/officer an individual who does not hold a valid registration card of the appropriate type as provided in § 62-35-119(c).(2) A violation of subdivision (a)(1) is a Class A misdemeanor, punishable by fine only.(3) (A) The alcoholic beverage commission or a beer board shall suspend a license or permit for on-premises consumption, as applicable and in accordance with title 57, of a person for a violation of subdivision (a)(1) for a period of one (1) month per violation. However, subdivision (a)(1) does not limit the alcoholic beverage commission's or a beer board's ability to seek to revoke or summarily suspend the license or permit.(B) Subdivision (a)(3)(A) does not apply when the improperly registered or unregistered security guard/officer was employed by a contract security company that was contracted with to provide security services at the establishment that holds the license or permit to serve alcohol for on-premises consumption.

(1) It is unlawful for any person to knowingly employ as a security guard/officer an individual who does not hold a valid registration card of the appropriate type as provided in § 62-35-119(c).

(2) A violation of subdivision (a)(1) is a Class A misdemeanor, punishable by fine only.

(3) (A) The alcoholic beverage commission or a beer board shall suspend a license or permit for on-premises consumption, as applicable and in accordance with title 57, of a person for a violation of subdivision (a)(1) for a period of one (1) month per violation. However, subdivision (a)(1) does not limit the alcoholic beverage commission's or a beer board's ability to seek to revoke or summarily suspend the license or permit.(B) Subdivision (a)(3)(A) does not apply when the improperly registered or unregistered security guard/officer was employed by a contract security company that was contracted with to provide security services at the establishment that holds the license or permit to serve alcohol for on-premises consumption.

(A) The alcoholic beverage commission or a beer board shall suspend a license or permit for on-premises consumption, as applicable and in accordance with title 57, of a person for a violation of subdivision (a)(1) for a period of one (1) month per violation. However, subdivision (a)(1) does not limit the alcoholic beverage commission's or a beer board's ability to seek to revoke or summarily suspend the license or permit.

(B) Subdivision (a)(3)(A) does not apply when the improperly registered or unregistered security guard/officer was employed by a contract security company that was contracted with to provide security services at the establishment that holds the license or permit to serve alcohol for on-premises consumption.

(b) It is unlawful for any contract security company knowingly to publish any advertisement, letterhead, circular, statement or phrase of any sort that suggests that the company is a government agency or instrumentality.

(c) It is unlawful for any security guard/officer knowingly to:(1) Fail to return immediately on demand, or within twenty-four (24) hours of termination of employment, a firearm issued to the security guard/officer by an employer;(2) [Deleted by 2026 amendment.] (3) Carry a firearm or facsimile of any firearm or item that may leave the impression that the security guard/officer is armed with a firearm of any type in the performance of the security guard/officer's duties if not the holder of a valid armed security guard/officer registration card;(4) Carry a firearm or facsimile of any firearm or item that may leave the impression that the security guard/officer is armed with a firearm of any type in performance of the security guard/officer's duties if not authorized to carry the firearm;(5) Make any statement, innuendo, or insinuation, or take any action, that would reasonably cause another person to believe that the security guard/officer functions as a law enforcement officer or other government official; or(6) Divulge to anyone other than the security guard/officer's employer or to persons that the security guard/officer's employer may direct or as may be required by law any information acquired during the security guard/officer's employment that may compromise the security of any premises to which the security guard/officer has been assigned by the employer.

(1) Fail to return immediately on demand, or within twenty-four (24) hours of termination of employment, a firearm issued to the security guard/officer by an employer;

(2) [Deleted by 2026 amendment.]

(3) Carry a firearm or facsimile of any firearm or item that may leave the impression that the security guard/officer is armed with a firearm of any type in the performance of the security guard/officer's duties if not the holder of a valid armed security guard/officer registration card;

(4) Carry a firearm or facsimile of any firearm or item that may leave the impression that the security guard/officer is armed with a firearm of any type in performance of the security guard/officer's duties if not authorized to carry the firearm;

(5) Make any statement, innuendo, or insinuation, or take any action, that would reasonably cause another person to believe that the security guard/officer functions as a law enforcement officer or other government official; or

(6) Divulge to anyone other than the security guard/officer's employer or to persons that the security guard/officer's employer may direct or as may be required by law any information acquired during the security guard/officer's employment that may compromise the security of any premises to which the security guard/officer has been assigned by the employer.

(d) It is unlawful for any person, contract security company, or proprietary security organization to post a security guard or officer at or in a public school if the security guard or officer is not properly registered, working on a pending application, or otherwise appropriately trained as required in § 62-35-118.