Zoning

Plain English Breakdown

Uncertainty remains regarding practical implementation frequency and exact fee amounts.

Zoning Violation Process for Business Licenses

This bill allows state departments to revoke business licenses if local zoning authorities report that a business is not following local zoning rules.

What This Bill Does

• Allows state officials to cancel or pause a business's license if they receive written notice from the local government stating the business isn't following zoning laws, provided the notice meets certain criteria.
• Requires this cancellation notice to be sent by mail and becomes official when proof of delivery is received.
• Lets businesses appeal the decision through the Uniform Administrative Procedures Act.
• Sets rules for charging fees if a business needs its license back after fixing zoning issues.

Who It Names or Affects

• Business owners who have licenses, permits, or certificates from state departments.
• Local government zoning authorities responsible for enforcing zoning laws.
• State department officials who issue and manage business licenses.

Terms To Know

Zoning authority

A local group that makes rules about how land can be used in a city or town.

Reinstatement fee

An extra cost paid to get back a license after it has been suspended or revoked.

Limits and Unknowns

• The bill does not specify what happens if the state department does not receive proof of delivery.
• It is unclear how often this process will be used in practice.
• The exact amount of the reinstatement fee is limited but not set by the bill.

Official Summary Text

Upon receipt of written notice from the zoning author
ity of a local government that a business operating within the jurisdiction of the local government is not in compliance with a zoning ordinance, resolution, or other law of the local government, this bill authorizes the executive officer of a state depar
t
ment or agency, or an officer of this state, with the authority to approve a license, permit, or certificate necessary for the operation of a private business in this state, to revoke or suspend such license, permit, or certificate of the private business

if the written notice provided by the zoning authority meets both of the following criteria
:



The written notice is received by the state department, agency, or officer no later than 30 days after the issuance or renewal of the respective license, permit, or certificate.



The written notice provides proof satisfactory through documentation that the business is not in compliance with the zoning ordinance, resolution, or other law.

NOTICE OF REVOCATION OR SUSPENSION

This bill requires such a revocation or
suspension to be mailed to the address of record of the owner of the business, return receipt requested, and becomes effective when the state department, agency, or officer receives the receipt of proof of delivery of the written notice of revocation or s
u
spension.

REINSTATEMENT

If a zoning authority receives proof satisfactory that the owner of a business comes into compliance with the zoning ordinance, resolution, or law resulting in the revocation or suspension of a license, permit, or certification,
then
this bill requires the zoning authority to notify the applicable state department, agency, or officer and, upon receipt of such notice, the state department, agency, or officer must reinstate the license, permit, or certificate.

APPEALS

This bill a
uthorizes the owner of a business for which a license, permit, or certificate has been so revoked or suspended to appeal the revocation or suspension in accordance with the
"
Uniform Administrative Procedures Act.
"

REINSTATEMENT FEE

If the applicable
state department or agency finds proof satisfactory that the owner of a business was
n
ot in compliance with the zoning ordinance, resolution, or law upon receiving the written notice,
then this bill authorizes
the department or agency
to
charge the owner a
n additional reinstatement fee for reinstatement of the license, permit, or certificate in an amount not to exceed the original cost of the license, permit, or certificate
. However, if

the
department or agency finds proof satisfactory that the owner of a
business was

i
n compliance with the zoning ordinance, resolution, or law upon receiving the written notice,
then
the department or agency may require the zoning authority of the local government to pay
such
reinstatement fee for reinstatement of the licens
e, permit, or certificate.

Current Bill Text

<BillNo> <Sponsor>

SENATE BILL 413
By Hatcher

SB0413
000937
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 5; Title 6; Title 7; Title 13, Chapter 7; Title 62
and Title 68, relative to zoning violations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by
adding the following as a new section:
(a) The executive officer of a state department or agency, or an officer of this
state, with the authority to approve a license, permit, or certificate necessary for the
operation of a private business in this state, upon receipt of written notice from the
zoning authority of a local government that a business operating within the jurisdiction of
the local government is not in compliance with a zoning ordinance, resolution, or other
law of the local government, may revoke or suspend such license, permit, or certificate
of the private business if the written notice provided by the zoning authority:
(1) Is received by the state department, agency, or officer no later than
thirty (30) days after the issuance or renewal of the respective license, permit, or
certificate; and
(2) Such written notice provides proof satisfactory through documentation
that the business is not in compliance with the zoning ordinance, resolution, or
other law.
(b) A revocation or suspension issued under subsection (a) must be mailed to
the address of record of the owner of the business, return receipt requested, and
becomes effective when the state department, agency, or officer receives the receipt of
proof of delivery of the written notice of revocation or suspension.

- 2 - 000937

(c)
(1) If a zoning authority receives proof satisfactory that the owner of a
business comes into compliance with the zoning ordinance, resolution, or law
resulting in the revocation or suspension of a license, permit, or certification, the
zoning authority shall notify the applicable state department, agency, or officer
and, upon receipt of such notice, the state department, agency, or officer shall
reinstate the license, permit, or certificate.
(2) The owner of a business for which a license, permit, or certificate has
been revoked or suspended under this section may appeal the revocation or
suspension in accordance with the Uniform Administrative Procedures Act,
codified in title 4, chapter 5, part 3.
(d) If the applicable state department or agency finds proof satisfactory that the
owner of a business was:
(1) Not in compliance with the zoning ordinance, resolution, or law upon
receiving the written notice, the department or agency may charge the owner an
additional reinstatement fee for reinstatement of the license, permit, or certificate
in an amount not to exceed the original cost of the license, permit, or certificate;
or
(2) In compliance with the zoning ordinance, resolution, or law upon
receiving the written notice, the department or agency may require the zoning
authority of the local government to pay the reinstatement fee under subdivision
(d)(1) for reinstatement of the license, permit, or certificate.
(e) As used in this section:
(1) "Local government" means a county, incorporated city or town, or
metropolitan government; and

- 3 - 000937

(2) "Zoning authority" means a regional, local, or historic zoning
commission or board with jurisdiction under state law to enact zoning ordinances,
resolutions, or laws applicable to a particular local government.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to violations of local zoning ordinances, resolutions, and laws occurring or
continuing to occur on or after the effective date of this act.