Hotels and Restaurants

Plain English Breakdown

The bill summary and text do not provide specific details on the extent of financial support or promotional activities by the Department of Tourist Development.

Voluntary Community Storm Emergency Relief Program

This bill establishes a voluntary program for hotels and food service establishments to help local residents during severe weather emergencies.

What This Bill Does

• Creates a voluntary community storm emergency relief program run by the Department of Tourist Development in collaboration with the Department of Agriculture.
• Allows hotels to charge lower, pre-determined rates and offer flexible cancellation options for local residents needing shelter during an emergency.
• Permits food service establishments, including food trucks, to remain open and operate in areas affected by emergencies.
• Gives the Department of Tourist Development permission to promote participating businesses through public recognition or financial support within its budget.
• Authorizes the Commissioner of Agriculture to issue temporary permits and waive restrictions for food service establishments during emergencies.

Who It Names or Affects

• Hotels that choose to participate in the program by notifying the Department of Tourist Development.
• Food service establishments, including restaurants and food trucks, that opt-in to help during emergencies.
• Local residents who need shelter or meals during severe weather events.

Terms To Know

Emergency rate

A lower price set by hotels for local residents in need of shelter during a declared emergency.

Flexible cancellation options

Allowing hotel guests to cancel or change their stay if circumstances improve, such as being able to return home earlier than planned.

Limits and Unknowns

• Participation in the program is voluntary and businesses can decide based on their own judgment.
• The bill does not create any penalties for non-participating hotels or food service establishments.

Official Summary Text

This bill establishes
a voluntary community storm emergency relief program

to be administered by the department of tourist development in collaboration with the department of agriculture. A hotel or a food service establishment may opt-in to the program by providing notice to the department of tourist development. The program
must authorize, during a declared state or local emergency due to a severe weather event
, all of the following:



A hotel to charge a lower, pre-determined emergency rate to local residents in need of shelter
.


A hotel to offer flexible cancellation, early checkout options, and prorated refunds if circumstances improve, allowing the local resident to return home earlier than expected
.


Food service establishments, including food trucks, to remain open and operate in neighborhoods affected by the emergency.

This bill clarifies that
participation in the program is voluntary and is subject to the business judgment of the operator
;
room and food availability, as applicable
;
and safety considerations.

This bill authorizes the
department of tourist development, through its marketing division
,

to (i) p
romote hotels and food establishments participating in the program through public recognition, promotional support, limited financial assistance within the resources of the department, or other appropriate means; (
ii
)
m
aintain on its website a list of hotels and food service establishments participating in the program; and

(
iii
)
c
reate an online platform through which a hotel or food service establishment ma
y choose to participate in the program.

This bill clarifies that the provisions above do not (i) m
andate participation or cooperation by a hotel or food service establishment operator, a local government, or a department or agency of this state; or
(ii) c
reate a private right of action,
a
penalty, or
an
enforcement obligation against this state, a local government, or a hotel or food service establishment operator.

FOOD ESTABLISHMENTS UNDER COMMISSIONER OF AGRICULTURE'S JURISDICTION

This bill authorizes

t
he commissioner
of
agriculture, the commissioner's duly authorized representative, and
,
in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner
(together, "commissioner") to
authorize food service establishments to participate in the program
as described above
. As part of a food service establishment's participation, the commissioner may
engage in the following:



Issu
ing
temporary permits or waive restrictions necessary to facilitate food service establishment participation in the program. Local governments may, and are encouraged to, issue temporary permits or waive restrictions necessary to facilitate a food service establishment's participation in the program if the establishment has been identified as a participant by the commissioner
.


Allowing
state or local agencies to coordinate with participating food service establishments to provide meals in areas without power or other utility services or access to grocery services.

This bill authorizes

a
food service establishment participating in the program to adopt flexible, community-focused practices during a declared state or local emergency.

The commissioner may provide informal guidance on
such
practices and publish the guidance on the department's website.

Current Bill Text

HOUSE BILL 2399
By Glynn

SENATE BILL 2524
By Oliver
SB2524
012550
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 5; Title 6; Title 7; Title 8; Title 53, Chapter 8;
Title 58, Chapter 2; Title 62, Chapter 7 and Title
67, Chapter 4, Part 14, relative to emergencies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 58, Chapter 2, Part 1, is amended by
adding the following as a new section:
58-2-112.
(a) There is created a voluntary community storm emergency relief program,
hereinafter known as the "program," to be administered by the department of tourist
development in collaboration with the department of agriculture. A hotel, as defined by §
67-4-1401, or a food service establishment, as defined in § 53-8-103, may opt-in to the
program by providing notice to the department of tourist development.
(b) The program must authorize, during a declared state or local emergency due
to a severe weather event:
(1) A hotel to charge a lower, pre-determined emergency rate to local
residents in need of shelter;
(2) A hotel to offer flexible cancellation, early checkout options, and
prorated refunds if circumstances improve, allowing the local resident to return
home earlier than expected; and
(3) Food service establishments, including food trucks, to remain open
and operate in neighborhoods affected by the emergency.

- 2 - 012550

(c) Hotel and food service establishment participation in the program is voluntary
and is subject to the business judgment of the operator, room and food availability, as
applicable, and safety considerations.
(d) The department of tourist development, through its marketing division may:
(1) Promote hotels and food establishments participating in the program
through public recognition, promotional support, limited financial assistance
within the resources of the department, or other appropriate means;
(2) Maintain on its website a list of hotels and food service
establishments participating in the program; and
(3) Create an online platform through which a hotel or food service
establishment may choose to participate in the program.
(e) This section does not:
(1) Mandate participation or cooperation by a hotel or food service
establishment operator, a local government, or a department or agency of this
state; or
(2) Create a private right of action, penalty, or enforcement obligation
against this state, a local government, or a hotel or food service establishment
operator.
SECTION 2. Tennessee Code Annotated, Title 53, Chapter 8, Part 1, is amended by
adding the following as a new section:
(a) The commissioner may authorize food service establishments to participate
in the program created under § 58-2-112. As part of a food service establishment's
participation, the commissioner may:
(1) Issue temporary permits or waive restrictions necessary to facilitate
food service establishment participation in the program. Local governments may,

- 3 - 012550

and are encouraged to, issue temporary permits or waive restrictions necessary
to facilitate a food service establishment's participation in the program if the
establishment has been identified as a participant by the commissioner; and
(2) Allow state or local agencies to coordinate with participating food
service establishments to provide meals in areas without power or other utility
services or access to grocery services.
(b) A food service establishment participating in the program is authorized and
encouraged to adopt flexible, community-focused practices during a declared state or
local emergency.
(c) The commissioner may provide informal guidance on flexible, community-
focused practices and publish the guidance on the department's website.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.