1. (1) The Department shall be responsible for all enforcement activities required by the Act in all enclosed public places not regulated by the Department of Health.

2. (2) The Department of Health shall be responsible for the enforcement activities required by the Act in the following enclosed public places:

   1. (a) All health care facilities licensed, permitted or certified pursuant to Tennessee Code Annotated, Title 68, Chapter 11; and
   2. (b) All enclosed public places for which a license, permit or certification must be obtained from any health related board assigned to the Department of Health’s Division of Health Related Boards pursuant to Tennessee Code Annotated, 68-1-101 before a health related profession may be practiced therein; and
   3. (c) All enclosed public places for which a license, permit or certification must be obtained from the Department of Health’s Division of Emergency Medical Services; and

   4. (d) All other enclosed public places over which the Department of Health has regulatory authority pursuant to Tennessee Code including, but not limited to, the following:

      1. 1. Restaurants
      2. 2. Indoor swimming pools
      3. 3. Food Service Establishments
      4. 4. Hotels
      5. 5. Bed and Breakfasts
      6. 6. Fast Food Establishment
      7. 7. Primary Health Care Centers
      8. 8. County and District Health Departments
      9. 9. Tattoo and Body Piercing Parlors
      10. 10. Organized Camps
3. (3) For enforcement purposes as to the establishments listed above that choose to be an “age- restricted venue”, and consistent with the liberal construction required pursuant to Section 3 of Chapter 410 of the Public Acts of 2007, the twenty one (21) years of age requirement contained in the definition of “age-restricted venue,” set forth in Section 1 of Chapter 410 of Public Acts of 2007, is intended to apply also to employees of such venues.
4. (4) To the extent that the Department has concurrent jurisdiction over those enclosed public places identified above, all documentation of violations of the Act created or collected by the Department during its normal inspection or regulatory duties may be forwarded to the Department of Health for processing and disposition.

Authority: Public Acts of 2007 Ch. 410. Administrative History: Public necessity rule filed September 28, 2007; effective through March 11, 2008.