Tennessee § 62-4-127 - Inspections — Cause for suspension, revocation, or for denial of license.

§ 62-4-127. Inspections — Cause for suspension, revocation, or for denial of license.

The board or its authorized representatives may, at reasonable hours, inspect any place of business operated by any person licensed under this chapter. The board may suspend, revoke or refuse to issue or renew any license under this chapter for any of the following causes: Fraud in procuring a license; Unprofessional, immoral or dishonorable conduct; Addiction to intoxicating liquors or drugs; The sale or distribution of wine, beer, liquor or any alcoholic beverages or drugs on the premises of any cosmetology, manicuring, or aesthetics establishment is prohibited; however, wine, beer, liquor or alcoholic beverages may be served to a patron without a charge, but no such beverages shall be served to a patron who is intoxicated or believed to be intoxicated; Unlawful invasion of the field of practice of any profession; Receipt of fees or payment on the assurance that any incurable disease can be cured; Conviction of a felony, if the felony conviction occurred within three (3) years prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(A) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or Conviction of any misdemeanor involving moral turpitude, if the misdemeanor conviction occurred within one (1) year prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance; A violation of this chapter or of any rules duly promulgated under this chapter; or Failure to comply with a lawful order of the board. Acts 1986, ch. 817, § 27; 1996, ch. 897, §§ 17, 18; 2015, ch. 267, § 1; 2018, ch. 745, § 4. Compiler's Notes. Former chapter 4, former §§ 62-4-101 — 62-4-127 (Acts 1939, ch. 29, §§ 1-8, 10-12, 17, 18; 1949, ch. 179, §§ 1, 2, 4-7, 9, 15; C. Supp. 1950, §§ 7139.1-7139.8, 7139.10-7139.12, 7139.16, 7139.17, 7139.21 (Williams, §§ 7139.16-7139.23, 7139.25-7139.27, 7139.29, 7139.33, 7139.39); Acts 1951, ch. 227, §§ 1-3, 6; 1959, ch. 298, §§ 1-4, 7, 8, 10, 11, 17; 1965, ch. 199, §§ 1, 3, 4, 14; 1972, ch. 603, § 1; 1972, ch. 808, §§ 1-3; 1973, ch. 367, § 1; 1975, ch. 104, §§ 3, 4; 1975, ch. 122, §§ 1-4, 7, 8; 1975, ch. 165, § 8; 1976, ch. 649, § 1; 1976, ch. 690, § 1; 1978, ch. 580, § 1; 1978, ch. 581, § 1; 1978, ch. 906, § 14; 1979, ch. 380, §§ 1, 3, 5; 1980, ch. 451, § 11; 1982, ch. 633, §§ 1, 3, 4-10, 12-23; 1984, ch. 521, §§ 1, 2; T.C.A. (orig. ed.), §§ 62-401 — 62-405, 62-408 — 62-411, 62-413 — 62-417, 62-422, 62-423, 62-428, 62-431, 62-432), concerning cosmetology, was repealed by Acts 1986, ch. 817, § 31. Acts 1986, ch. 817, § 31 provided that the rules promulgated under former §§ 62-4-101 — 62-4-127 prior to August 31, 1986, shall remain in effect as rules under this chapter until amended or repealed by the board. Any such rules that may conflict with a provision of this chapter shall be invalid; however, such invalidity shall not affect the validity of the remaining rules. All licenses and certificates of registration issued under former §§ 62-4-101 — 62-4-127 prior to August 31, 1936, shall remain in effect until they expire or are revoked or modified pursuant to this chapter. This chapter does not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings begun before August 31, 1986. Acts 2015, ch. 267, § 2 provided that the act, which amended (b)(7), shall apply to actions by the board on or after April 24, 2015.