Tennessee § 62-11-105 - Exclusions from requirements of chapter — Transferring locksmithing tools and supplies by sale or gift.

§ 62-11-105. Exclusions from requirements of chapter — Transferring locksmithing tools and supplies by sale or gift.

The following persons, firms, partnerships, associations or corporations not offering any other locksmithing services are specifically excluded from the requirements of this chapter: An individual property owner or the owner's agent installing locks or assisting in a lock-out situation without compensation on the owner's property, public or private; Property owners or their agent maintaining a file of key cutting data for a master key system for their property; Persons, sole proprietorships, partnerships, associations or corporations having and using key machines and key blanks for their own use; Retail stores or catalog sales not offering locksmithing services nor selling locksmithing tools or retail stores that offer rekeying or key duplication services on the business premises of retail stores; Locksmith trade publications or equipment manufacturers or distributors not providing direct locksmithing services to the public; Contractors licensed under chapter 6 of this title providing direct sales or installation of lock hardware, but who derive less than twenty-five percent (25%) of their gross annual revenue from that business; Architects and engineers not providing direct sales, adjustment or installation of locks; New or used motor vehicle dealers; Emergency service vehicles, for the sole purpose of towing a motor vehicle or allowing the owner entry into a vehicle when the owner is locked out of the vehicle; A bank, savings and loan association, trust company or employee of a bank, savings and loan association or trust company providing services in connection with safe deposit box, vault or safekeeping activities of the financial institution; Federal, state or local law enforcement agents or fire and rescue personnel performing openings in their official line of duty; and Notwithstanding § 62-11-104(a) or any other law to the contrary, employees of state higher education institutions who provide locksmithing services at facilities operated by the board of trustees of the University of Tennessee or the state board of regents. Nothing in this chapter shall prevent any previously licensed locksmith, the agent of an incapacitated locksmith or the personal representative of the estate of a deceased locksmith from transferring locksmithing tools and supplies by sale or gift to anyone licensed under this chapter or to anyone exempted from this chapter. Acts 2006, ch. 885, § 6; 2007, ch. 526, § 6; 2011, ch. 54, § 2. Compiler's Notes. Acts 2007, ch. 526, § 22 provided that for the purpose of implementing the Locksmith Licensing Act of 2006, the commissioner is authorized to begin administering applicable examinations and issuing licenses to applicants when such examinations are available. Acts 2011, ch. 54, § 3 provided that the commissioner is authorized to promulgate rules to effectuate the purposes of the act, which added subdivision (a)(12). All such rules shall be promulgated in accordance with the Administrative Procedures Act, compiled in title 4, chapter 5. Attorney General Opinions. Applicability to state and local governmental employees performing locksmith services in scope of employment; applicability to businesses providing service of gaining entry to vehicles; sale of locksmith tools to exempted entities. OAG 10-76, 2010 Tenn. AG LEXIS 82 (5/28/10).