Section 0080-10-03-.03 - LICENSE APPLICATION AND FEES(1) An HDC retail license is required per person per location for any person who sells or offers for sale an HDC product at retail. Licensed locations must be fixed address facilities but may include temporary locations such as fairs, flea markets, and farmers markets, provided that license fees for temporary locations cannot be prorated on the basis of temporary use. HDC retail licenses are not required for common carriers and delivery services, provided the carrier or service provider is facilitating just-in-time order transactions and is not carrying existing inventory by which to facilitate prospective sales.(2) Applicants for an HDC retail license must submit required information on forms provided by the department, which may include:(a) Name of the applicant;(b) Date of birth of any applicant who is an individual or a partner in a general partnership;(c) Proof of registration in its state of incorporation for any applicant that is a formalized business entity;(d) Proof of registration with the Tennessee Department of Revenue;(e) Contact information for applicant, to include name of person legally responsible for applicant's operations, telephone number, email address, and address of principal place of business;(f) Address of location to be licensed;(g) Identification of nearest school serving any grades K-12 and the distance from that school to the location to be licensed, in feet measured as a straight line along the shortest route;(h) A nationwide criminal background check, facilitated through the Tennessee Bureau of Investigation, for the person identified as legally responsible for applicant's operations; and,(i) Other information as required by the department.(3) Licensees must notify the department of any changes to the contents of their application on file within 30 days after the change takes place, including any change of contact information;(4) Payment of an annual HDC retail license fee of $250 shall be due upon approval of an application and must be paid in full prior to a license being issued. The license fee may be prorated in the initial year of licensure at the rate of $25 per each full calendar month remaining in the license period, provided the total fee not exceed $250. License fees shall not be prorated for any person licensed in the previous licensure year. The HDC retail license fee is waived for any person who also holds an HDC supplier license.(5) HDC retail licenses expire on June 30 of the licensing cycle for which they are issued. Applicants for renewal must submit to the department on or before the following July 1 the HDC retail license fee and an updated criminal background check for the licensee.(6) The department may deny any application for licensure that is not completed in full or that is not completed in conformance with this rule.Tenn. Comp. R. & Regs. 0080-10-03-.03
New rules filed September 27, 2024; effective 12/26/2024.Authority: T.C.A. §§ 4-3-203 and 43-27-211.