68-112-104 - Requirements for issuance of license. - Tennessee Statutes

68-112-104. Requirements for issuance of license.

Before an applicant may be issued a license, the applicant shall first:

     (1)  Determine the maximum number of people who will be assembled or admitted to the location of the assembly; provided, that the maximum number shall not exceed the maximum number that can reasonably assemble at the location of the assembly in consideration of the nature of the assembly; and provided further, that, where the assembly is to continue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly by the zoning or health ordinances of the county or municipality; and

     (2)  Provide proof that such applicant will furnish at such person's own expense before the assembly commences:

          (A)  A fence completely enclosing the proposed location, of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have at least four (4) gates, at least one (1) at or near four (4) opposite points of the compass;

          (B)  Potable water, meeting all federal and state requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon (1 gal.) per person per day and water for bathing at the rate of at least ten gallons (10 gals.) per day;

          (C)  Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one (1) toilet for every two hundred (200) females and at least one (1) toilet for every three hundred (300) males, together with an efficient, sanitary means of disposing of waste matter deposited, which is in compliance with all state and local laws and regulations; a lavatory with running water under pressure and a continuous supply of soap and paper towels shall be provided with each toilet;

          (D)  A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of persons to be assembled at the rate of at least two and five-tenths pounds (2.5 lbs.) of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly and sufficient trash cans with tight fitting lids and personnel to perform the tasks;

          (E)  Physicians and nurses licensed to practice in Tennessee sufficient to provide the average medical care enjoyed by residents of Tennessee for the maximum number of people to be assembled at the rate of at least one (1) physician for every ten thousand (10,000) persons and at least one (1) nurse for every five thousand (5,000) persons. The number of physicians and nurses required to be on duty at various times throughout the assembly shall be established by regulations adopted and promulgated by the department. Facilities for medical treatment and arrangements for emergency transportation and treatment shall be in accordance with regulations adopted and promulgated by the department;

          (F)  If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five foot (5¢) candles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly;

          (G)  A free parking area inside the assembly grounds sufficient to provide parking space for the maximum of people to be assembled at the rate of at least one (1) parking space for every four (4) persons;

          (H)  Telephones connected to outside lines sufficient to provide service for the maximum number of people to be assembled at the rate of at least one (1) separate line and receiver for each one thousand (1,000) persons;

          (I)  If the assembly is to continue overnight, camping facilities in compliance with all state and local requirements sufficient to provide camping accommodations for the maximum number of people to be assembled;

          (J)  Security guards, either regularly employed, duly sworn, off-duty Tennessee peace officers or private guards, licensed in Tennessee, sufficient to provide adequate security for the maximum number of people to be assembled at the rate of at least one (1) security guard for every seven hundred fifty (750) persons;

          (K)  Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly, and sufficient emergency personnel to efficiently operate the required equipment;

          (L)  All reasonably necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly; and

          (M)  A bond, filed with the clerk of the county where the assembly is to be held either in cash or underwritten by a surety company licensed to do business in Tennessee at the rate of one dollar ($1.00) per person for the maximum number of people permitted to assemble, which shall indemnify and hold harmless the county, municipality or state or any of its agents, officers, servants and employees from any liability or causes of action which might arise by reason of granting this license, and from any cost incurred in cleaning up any waste material produced or left by the assembly.

[Acts 1974, ch. 454, § 4; T.C.A., §§ 53-5704, 68-42-104.]