ENACTED 02/16/1999

SUBSTITUTE ORDINANCE NO. SO99-1503

A substitute ordinance to amend Title 6, Chapter 6.54 of the Metropolitan Code of Laws concerning sexually oriented businesses.

Whereas, various changes need to be made to Chapter 6.54 to make the ordinance’s subsections consistent with one another.

Now therefore, be it enacted by the Metropolitan Council of Nashville and Davidson County as follows:

Section 1. Sections 6.54.010 (D), (G), (L), and (M) of the Metropolitan Code of Nashville and Davidson County ("MCL") are amended by deleting the date, "March 1, 1998" and substituting in lieu thereof the date "March 1, 1999"

Section 2. Sections 6.54.010 of the MCL is amended by deleting the words "including but not limited to: "sexually oriented bookstore," "sexually oriented video store," "sexually oriented theater," "sexually oriented nightclub," sexual encounter center, massage parlor, rap parlor, lingerie modeling, or sauna" after the words ""Sexually oriented business/establishment" means any commercial establishment" and after the words "which for a fee or incidentally to another service, regularly presents".

Section 3. Section 6.54.040(A)(1) of the MCL is amended by deleting the words "the fire department" after the words "the police department, the department of codes administration, the health department" and before the words "and the applicant." at the end of the paragraph.

Section 4. Section 6.54.040(A)(4) of the MCL is amended by adding the words "be listed in the license application for any sexually oriented business" after the words "The following persons" and before the words "obtain a license:" in the first sentence of that subsection. Further Section 6.54.040(A)(4) the words "obtain a license" after the words added above and before the colon in the first sentence of this subsection.

Section 5. Section 6.54.040(A)(5)(a) and 6.54.070(A)(4)(b)of the MCL is amended by deleting that subsection in its entirety and substituting in lieu thereof:

Proof of the applicant’s date of birth demonstrating that the applicant is at least eighteen years of age.

Section 6. Section 6.54.040(A)(5)(b) of the MCL is amended by deleting the word "individual" after the words "Proof that the" and before the words "is at least eighteen" and substituting in lieu therefore the word "applicant".

Section 7. Section 6.54.040(A)(5)(c) of the MCL is amended by adding the words "regarding crimes of a sexual nature and crimes of moral turpitude" in the parentheses after the words "investigation into the applicant’s criminal background" and before the semicolon.

Section 8. Section 6.54.040(A)(5)(e) of the MCL is amended by deleting both appearances of the words "or pleas of nolo contendere" appearing after the words "All convictions" and before the words "to a crime of a sexual nature".

Section 9. Section 6.54.040(A)(5)(g) of the MCL is amended by adding "regarding crimes of a sexual nature and crimes of moral turpitude" in the parentheses after the words "investigation into the applicant’s criminal background" and before the semicolon.

Section 10. Section 6.54.040(A)(6) of the MCL is amended by deleting the words "stalls, cubicles or rooms" after the words "intends to have booths" and before the words "on the premises for the purpose" in the first sentence. Further Section 6.54.040(A)(6) of the MCL is amended by deleting the words "or sexually oriented live exhibitions, then along with the application" after the words "sexually oriented films or sexually oriented videos" and before the words "the applicant shall provide the board" and substituting in lieu thereof "then in addition". Further Section 6.54.040(A)(6) of the MCL is amended by deleting the words "stalls, cubicles or rooms" after the words "layout of all the booths" and before the words "and the location of the clerk/manager’s stand" at the end of the first sentence.

Section 11. Section 6.54.040(B)(1) of the MCL is amended by deleting the first full sentence and substitute the following:

The codes department and health department shall, upon receipt of a copy of the application, inspect the premises to insure that the establishment complies with the unique physical layout requirements set out in Section 6.54.050(A)(1) of this ordinance and with applicable health code statutes, ordinances, and regulations.

Section 3. Section 6.54.040(B)(4) of the MCL is amended by deleting the subsection in its entirety and renumbering accordingly.

Section 4. Section 6.54.070(A)(4)(f) of the MCL is amended by deleting the words "or pleas of nolo contendere" appearing after the words "All convictions" and before the words " to a crime of a sexual nature".

Section 5. Section 6.54.070(C)(1) of the MCL is amended by deleting the word "not committed" after the words " the board will meet and determine if the applicant has" and before the words "a crime of a sexual nature". and replace it with the words "been convicted of".

Section 6. Section 6.54.130(B) of the MCL is amended by deleting the subsection in its entirety and re-lettering the subsections accordingly.

Section 7. Section 6.54.130(G) of the MCL is amended by amending the wording for the required signage by deleting the words "entertainer or" appearing after the words "which provides that" and before the words "Customer shall be permitted"

Section 8. Section 6.54.140(C) of the MCL is amended by deleting the subsection in its entirety and substituting the following:

No customer shall be permitted to have any physical contact with any entertainer on the licensed premises while the entertainer is engaged in a performance. All performances shall only occur upon a stage at least eighteen inches above the immediate floor level and removed at least three feet from the nearest customer.

Section 9. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Chris Ferrell

Amendment No. 1

to

Substitute Ordinance SO99-1503

Mr. President,

I move to amend Substitute Ordinance 99-1503 as follows:

Section 1. Amend Section 2 of SO99-1503 amending section 6.54.010 of the Metropolitan Code of Nashville and Davidson County ("MCL") by deleting Section 2 in its entirety and substituting the following therefore:

Section 2. Section 6.54.010(C) "Crimes of a sexual nature" of the MCL is amended by adding the words "public indecency" after the words "means the crimes of rape, aggravated rape, aggravated sexual assault," and before the words "statutory rape, rape of a child, sexual exploitation of a minor, indecent exposure,". Further 6.54.010(H) is amended by deleting the reference to "39-15-511" and substituting in lieu therefore the reference "39-13-511". Further 6.54.010(S) is amended by adding a new subsection "S" and renumbering the remaining subsections. The new subsection "S" shall read:

S. "Public Indecency" means as defined in the Tennessee Code Annotated Section 39-13-511.

Further 6.54.010(W) of the MCL is amended by deleting the definition of "Sexually oriented" in its entirety and substituting the following in lieu therefore:

W. "Sexually oriented" means any exhibition of any motion pictures, films or videos depicting "specified sexual activities" or "specified anatomical areas" or any live performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers a significant or substantial portion of which depicts any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas."

Section 2. Amend Section 12 of SO99-1503 amending Section 6.54.040(A)(5)(e) of the MCL by deleting Section 12 in its entirety and substituting the following therefore:

Section 12. Section 6.54.040(A)(5)(e) of the MCL is amended by deleting it in its entirety and substituting the following in lieu therefore:

f. All convictions for crimes of a sexual nature, as defined in Section 6.54.010, punishable as a misdemeanor violation that have occurred within the past two years. All convictions for crimes of a sexual nature, as defined in Section 6.54.010, punishable as a felony that have occurred within the past five years.

Section 3. Amend Section 23 of SO99-1503 amending section 6.54.040 (C)(7) of the MCL by deleting Section 23 in its entirety and substituting the following therefore:

Section 23. The first sentence of 6.54.040(C)(7) shall be amended by renumbering the subsection as subsection "9" and by deleting the first sentence in its entirety and substituting the following in lieu therefore:

9. Within fifteen days of receiving the results of the investigation conducted by the police department, and inspection reports from the codes department, and health department, if the board shall determine that the applicant is not in compliance with this code section, the zoning code or the applicable health statutes, ordinances and regulations, the applicant shall be notified in writing, the next business day, that the license is denied for failing to comply with applicable statutes, ordinances and regulations.

Section 4. Amend Section 57 of SO99-1503 amending section 6.54.070(A)(4)(g) of the MCL by adding the following language to Section 57: "Further Section 6.54.070(A)(4)(g) is amended by deleting the word ‘portrait’ after the words ‘Fingerprints and two’ and before the words ‘photographs at least two inches by two inches’ in the first sentence."

Section 5. Amend Section 59 of SO99-1503 by deleting Section 59 in its entirety and substituting the following:

Section 59. Section 6.54.070(C)(1) of the MCL is amended by deleting this section in its entirety and substituting the following in lieu therefore and renumbering the following paragraphs sequentially.

1. Within fifteen days of receiving the results of the investigation conducted by the police department the board will meet and determine if the applicant has not been convicted of a crime of a sexual nature, as defined in 6.54.010, has not had a similar type of permit/license revoked in the last two years is at least eighteen years of age, and has not given any false or misleading information on the application or omitted any material facts from the application then the board shall grant the permit. False or misleading information does not include information which the applicant reasonably believed, after exercising due diligence, was correct at the time of the application.

2. If the board fails to meet within the time period specified, or fails to have a quorum at the meeting, then the permit shall be deemed approved and sent to the applicant by United States Mail to the address listed on the application.

Section 6. Amend Section 61 of SO99-1503 amending 6.54.070(C)(5) of the MCL by adding the following to the end of section 61:

Further 6.54.070(C)(5) is amended by deleting the last sentence of that paragraph and substituting in lieu thereof the following sentence:

False or misleading information does not include information which the applicant reasonably believed, after exercising due diligence, was correct at the time of the application.

Section 7. Section 63 of SO99-1503 amending 6.54.070(D) of the MCL is amended by adding this sentence at the end of section 63:

Section 6.54.070(D)(1)(c) of the MCL is amended by deleting the last sentence of the paragraph and substituting in lieu thereof the following sentence:

Failing to appear before the board will not preclude the applicant’s right to appeal any denial to the circuit or chancery courts of Davidson County.

Section 8. Section 68 of SO99-1503 amending 6.54.080(A)(3)(a) is amended by adding the following sentences at the end of Section 68:

Section 6.54.080(A)(3)(a) of the MCL is further amended by deleting the last sentence of the paragraph and substituting in lieu thereof the following sentence:

False or misleading information does not include information which the applicant reasonably believed, after exercising due diligence, was correct at the time of the application.

Section 68 of SO99-1503 is further amended by adding the following sentence:

Section 6.54.080(A)(3)(b) and (c) of the MCL is amended by deleting the word "longer" at the end of both paragraphs and substituting in lieu therefore the word "later".

Section 9. Section 73 of SO99-1503 amending Section 6.54.110 is amended by adding the following as the first sentence of Section 73:

Section 6.54.110(L)(3) of the MCL is amended by deleting the last sentence of the paragraph in its entirety and substituting in lieu thereof the following sentence:

Failing to appear before the board will not preclude the applicant’s right to appeal any denial to the circuit or chancery courts of Davidson County.

Section 10. Section 78 of SO99-1503 amending Section 6.54.130(D) is amended by adding the following as the first sentence of Section 78:

Section 6.54.130(D) of the MCL is amended by deleting the first sentence of the paragraph in its entirety and substituting in lieu thereof the following sentence:

Every sexually oriented business shall be physically arranged in such a manner that the entire interior portion of any booths, wherein sexually oriented motion pictures, sexually oriented movies, sexually oriented films or sexually oriented videos are viewed, shall be visible from the common area of the premises having at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.

Section 11. Section 88 of SO99-1503 is amended by deleting the amended language of Section 6.54.150(A)(1) in its entirety and substituting the following Section 6.54.150(A)(1):

(A)(1). Discovery that false or misleading information or data was given on an application, or material facts were omitted from an application. False or misleading information does not include information which the applicant reasonably believed, after exercising due diligence, was correct at the time of the application;

Section 12. Section 88 of SO99-1503 is further amended by deleting the amended language of Section 6.54.150(C)(1) in its entirety and substituting in lieu thereof the following Section 6.54.150(C)(1):

(C)(1). Discovery that false or misleading information or data was given on any application, or material facts were omitted from any application. False or misleading information does not include information which the applicant reasonably believed, after exercising due diligence, was correct at the time of the application

Section 13. Section 88 of SO99-1503 is further amended by deleting the last sentence of the amended language in Section 6.54.150(E)(3) and substituting the following in lieu thereof:

Failing to appear before the board will not preclude the licensee's/permittee's right to appeal any revocation/suspension to the chancery court of Davidson County.

Section 14. SO99-1503 is further amended by adding a new Section numbered "92" which shall read as follows:

Section 92. Section 6.54.020(F) of the MCL is amended by adding the word "civil" after the words "which inspectors shall not hold any" and before the words "service status."

Sponsored By: Chris Ferrell
Amendment Adopted: February 16, 1999

LEGISLATIVE HISTORY
Substitute Introduced:	February 2, 1999
Referred to:	Health, Hospitals & Social Services Committee Codes Committee Public Safety Committee
Passed Second Reading:	February 2, 1999
Amended:	February 16, 1999
Passed Third Reading:	February 16, 1999
Approved:	February 17, 1999
By: