ENACTED 04/21/1998

WHEREAS, Bill No. O98-983 amended Title 2 of the Metropolitan Code of Laws and established the Mayor’s Office of Film and Special Events; and

WHEREAS, the Mayor’s Office of Film and Special Events is generally empowered by Title 2 of the Metropolitan Code to promote economic development in the Metropolitan Nashville and Davidson County area by facilitating the development and growth of film activity and special events; and

WHEREAS, The Metropolitan Government of Nashville and Davidson County desires to support the local film industry by allowing individuals to film on Metropolitan Government property when appropriate; and

WHEREAS, The Metropolitan Government of Nashville and Davidson County has applied for the certification marks, "Music City" and "Music City, U.S.A." with the United States Patent and Trademark Office ("PTO"); and

WHEREAS, on October 7, 1997, the PTO granted the Metropolitan Government a Notice of Allowance for the marks "Music City" and "Music City, U.S.A."; and

WHEREAS, the conditions of the certification mark require the Metropolitan Government to have in place a certification mark program by April 7, 1998, or in the alternative, to file an affidavit requesting additional time to implement a certification mark program; and

WHEREAS, it is in the best interests of the citizens of Metropolitan Nashville and Davidson County to have one central office to administer the certification mark program; and

WHEREAS, the Mayor’s Office of Film and Special Events is best suited to administer the certification mark program:

NOW, THEREFORE, BE IN ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1: 2.62.010(C) shall be amended by adding the appropriately numbered subsection:

The Director shall have the authority to enter into film location agreements ("licenses") with parties desiring to use Metropolitan Government property for the purposes of filming or photographing, except where under the Charter other boards and commissions have the exclusive authority to enter into such agreements. These licenses shall be subject to the approval of the board, commission or department head directly responsible for the property. Each license shall be subject to the approval of the Department of Insurance and a Metropolitan Attorney, and shall be filed in the office of the Metropolitan Clerk. Fees for the use of the property shall be established by the Director, and the Board of Parks & Recreation or the Board of Education where appropriate, to ensure that the Metropolitan Government is reimbursed for any costs incurred by the granting of each license.

Section 2: Title 2 of the Metropolitan Code is hereby amended by adding a new Section 2.62.055 titled, "Duties and Powers To Administer Certification Mark Program For Use of Certification Marks, ‘Music City’ and ‘Music City, U.S.A.’" that shall read as follows:

"License" shall mean an agreement between the Metropolitan Government and a Qualified User that sets forth the terms for using the Marks.

"Marks" shall mean the certification marks "Music City" and "Music City, U.S.A."

"Nashville Metropolitan Statistical Area" or "Nashville MSA" includes the counties of Cheatham, Davidson, Dickson, Williamson, Rutherford and Sumner, Tennessee.

"Qualified User" means persons or businesses involved in providing goods and services that include recorded musical products, cassettes, records, music videos, compact discs, live musical entertainment services, music publishing services, music recording and production services, radio and television musical production services, and radio and television musical broadcasting services located in the Nashville MSA, who meet the criteria set forth in subpart D. hereunder.

The Mayor’s Office of Film and Special Events shall be responsible for all administration concerning the grant, denial, or termination of using the Marks, "Music City" and "Music City, U.S.A." for users that meet the criteria set forth in subpart D. hereunder.

1. All applications for using either "Music City" or "Music City, U.S.A." should be made at the Office of Film and Special Events.

2. The Office of Film and Special Events shall be empowered to collect application fees and renewal fees in such amounts as are established by the Office of Film and Special Events, and approved by resolution of the Metropolitan Council.

1. Applications shall be approved by a sub-committee of the Mayor’s Film Advisory Board that meets monthly, or at such times as are necessary, provided the applicant meets the criteria set forth in subpart D. hereunder.
2. Appeals from the denial of an application for using the marks "Music City" or "Music City, U.S.A." shall be made in writing to the Mayor’s Film Advisory Board and scheduled for a hearing at one of its regularly scheduled meetings.

The certification criteria used in determining whether to issue a license to use the marks "Music City" or "Music City, U.S.A." shall be as follows:

1.Is the company or organization that is providing the services/goods headquartered in the Nashville MSA or does it otherwise have a significant place of business in the Nashville MSA where decisions regarding the content and quality of the services/goods to be certified are made?

2.Are the services/goods being provided by means of entertainers, producers, or other persons who have their primary residences or primary place of business in the Nashville MSA?

3.Are the facilities of Nashville MSA-based production, recording, or broadcasting studios being primarily used to originate the services?

4.To what extent, in marketing and advertising the services or goods, are they directly tied to the Nashville MSA as their origin? Conversely, are there attempts in marketing or advertising the services or goods to connect them to some geographic area other than Nashville MSA?

The contents of the application shall be on such forms as may be promulgated by the Metropolitan Department of Law and at a minimum must require the applicant to: (1) submit a specimen showing exactly how and in what form the mark will be used; and (2) an application fee for administrating processing of applications for use of the Marks.

The Office of Film and Special Events shall be empowered to grant revocable one year licenses with a right to renew the same for additional terms not exceeding one year, unless terminated pursuant to subpart G. hereunder. All renewals granted hereunder shall be conditioned on the licensee certifying in its renewal application that all facts in the license are true and correct and that there have been no changes in the application submitted to the Office of Film and Special Events at the time of such renewal.

1. Immediate Termination of License.

In addition to such other rights of termination as may be set forth in the License, the Metropolitan Government, through The Office of Film and Special Events, shall have the right to immediately terminate a License by giving written notice to the Qualified User if the Qualified User uses the Marks in a manner that is in any way inconsistent with the terms of the License.

Section 3: This Ordinance shall take effect from and after the passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Phil Ponder

AMENDMENT NO. 1

TO

BILL NO. 098-1127

Mr. President:

I move to amend Ordinance No. 098-1127 as follows:

Section 3 of Ordinance No. 098-1127 is renumbered "Section 4" and a new Section 3 is inserted to read as follows:

Section 3: All fees assessed by the Mayor's Office of Film and Special Events hereunder must be approved by resolution of the Metropolitan Council that receives at least 21 affirmative votes.

INTRODUCED BY: Phil Ponder