SUBSTITUTE ORDINANCE NO. SO99-1814

ENACTED 08/17/1999

SUBSTITUTE ORDINANCE NO. SO99-1814

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

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

Section 1. Sections 6.54.010 is amended by adding a definition for the term "Booth" which shall be incorporated into the definitions in accordance with the definitions alphabetical organization and re-lettering any subsequent definitions accordingly.

"Booth" means any booth, cubicle, stall, room or compartment which is designed, constructed or used to hold or seat patrons/customers and is designed such that the booth is separated from the common areas of the premises and is used for presenting sexually oriented entertainment including, but not limited to viewing sexually oriented moving pictures or viewing sexually oriented publications by any photographic, electronic, magnetic, digital or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, cd-rom, books, magazines or periodicals) for observation by patrons therein. "Booth" shall not mean a room or enclosure that is designed, constructed and regularly used to seat more than ten persons.

Section 2. Section 6.54.010(O) of the MCL is amended by deleting the definition of "Operator" in its entirety and substituting the following in lieu therefore:

"Operator" means any person, partnership, limited partnership, joint venture, corporation or any other type of business entity operating, conducting or maintaining a sexually oriented business.

Section 3. Section 6.54.010(X) of the MCL is amended by amending the definition of "Sexually oriented" by inserting a (1) after the word "means" and before the words "any exhibition" and by inserting a (2) after the word "or" and before the words "any live performance".

Section 4. Section 6.54.010(Y) of the MCL is amended by amending the definition of "Sexually oriented business establishment" by deleting the last sentence.

Section 5. Section 6.54.010(Y)(3) of the MCL is amended by amending the definition of "Sexually oriented theatre" by deleting the word "building" after the word "enclosed" and before the word "regularly" and inserting in lieu thereof the words "area, not including a booth".

Section 6. Section 6.54.020(C) of the MCL is amended by adding the following sentence at the end of the paragraph, "The vice-chair is authorized to act in the place of the chair and in the same capacity as the chair when the chair is unavailable."

Section 7. Section 6.54.020 (D)(2) of the MCL is amended by deleting this subsection in its entirety and substituting in lieu therefore the following: "A quorum shall mean that two members of the board are present at the meeting. A quorum is required for the purpose of transacting business."

Section 8. Section 6.54.030(B) of the MCL is amended by deleting this subsection in its entirety and substituting in lieu therefore the following:

B. Any person, partnership, limited partnership, joint venture, corporation or any other type of business entity which desires to operate more than one sexually oriented business/establishment must have a license for each sexually oriented business/establishment.

Section 9. Section 6.54.030 of the MCL is amended by adding a new paragraph as follows:

G. Any applicant found to have previously violated this chapter by operating or maintaining a sexually oriented business/establishment within the metropolitan area without a license, as evidenced by a judgement of a court, within one year immediately preceding the date of the application shall be ineligible for a license for one year from the date of the judgement. The fact that a trial court’s judgement is being appealed shall have no effect on the disqualification of the applicant unless the judgement is stayed.

Section 10. Section 6.54.040(A)(1) of the MCL is amended by deleting the first sentence in its entirety and substituting in lieu therefore "Any person, partnership, limited partnership, joint venture, corporation or any other type of business entity desiring to secure a license shall make application to the board."

Section 11. Section 6.54.040(A)(4) is amended by deleting this subsection in its entirety and substituting the following in lieu therefore:

The following persons must be listed in the license application for any sexually oriented business that is a corporate entity of any kind: the registered agent and the name and address of all officers and directors of the corporation, and any stockholder holding a majority controlling percentage of the stock of a corporate applicant and who will be involved in the day-to-day operation and management of the business. The following persons must be listed in the license application for any sexually oriented business that is a partnership, limited partnership, joint venture, or any other type of business: the name and address of all persons who will be involved in the day-to-day operation and management of the business.

Section 12. Section 6.54.040(A)(5)(d) of the MCL is amended by deleting this subsection in its entirety and substituting in lieu therefore:

Whether the applicant previously operated in this or any other county, city or state under a sexually oriented business/adult entertainment license/permit. Whether the applicant has ever had such a license/permit revoked or suspended, within the last year from the date of application, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;

Section 13. Section 6.54.040(A)(5)(f) is amended by deleting the subsection in its entirety and enacting a new subsection (f) as follows:

All judgements by a court within one year for violations of the metropolitan zoning Section 17.64.260.

Section 14. Section 6.54.040(A)(5)(k) of the MCL is amended by deleting the subsection in its entirety and substituting the following in lieu therefore:

k. A statement by the applicant that he/she is familiar with the provisions of this chapter and a statement swearing that information provided on the application is true and accurate.

Section 15. Section 6.54.040(A)(6) is amended by deleting the subsection and adding a new subsection as follows:

The applicant shall provide the board with his/her application, a diagram, drawn to scale of the premises, including the location and layout of all booths and stages and the location of the clerk/manager’s stand or counter. Though the diagram shall be drawn to scale, it does not have to be professionally prepared.

Section 16. Section 6.54.040(A) is amended by adding a new subsection as follows:

If any of the information on the application changes over the course of the time for which the license is issued, including any changes in the physical layout of the premises, the licensee shall inform the board, in writing, of the changes.

Section 17. Section 6.54.040(B)(1) is amended by adding the words and figures "6.54.050 (A)(3) and 6.54.130(C)" after the numbers "6.54.050(A)(1) and before the words "of this chapter" in the first sentence. Section 6.54.040(B)(1) of the MCL is further amended by deleting the last sentence of that paragraph and substituting in lieu therefore the following:

Any inspection or investigation information not filed with the board in the time period specified shall not prevent the applicant from receiving the license and shall be treated by the board as if the report revealed no violations of applicable statutes, ordinances, or regulations, no violations of the provisions of this chapter, no sexually oriented business/adult entertainment zoning code violations and/or no applicable criminal history.

Section18. Section 6.54.040(B)(2) of the MCL is amended by deleting the subsection in its entirety and enacting a new subsection as follows:

The code department shall confirm that any booths or stages conform with the submitted diagram and the requirements set out in Sections 6.54.050(A) and 6.54.130.

Section 19. Section 6.54.040(C)(1) is amended by deleting the word "code section" before the words "and the applicable health statutes" and after the words "applicant is in compliance with this" and substituting in lieu therefore the word "chapter".

Section 20. Section 6.54.040(C)(2) is amended by adding the words "this chapter" after the words "If the board determines that the applicant is in compliance with" and before the words "the applicable health statutes, ordinances and regulations,".

Section 21. Section 6.54.040(C)(3) of the MCL is amended by deleting it in its entirety and substituting the following in lieu therefore:

3. If the board fails to meet within the specified time period, fails to have a quorum, or fails to take action on the application within the specified time period, then the license shall be deemed approved and sent to the applicant by United States Mail to the address listed on the application within two (2) days of the events described in this paragraph.

Section 22. Section 6.54.040(C)(4) of the MCL is amended by deleting the words and figures "Section 6.54.050(B)(2)" before the words "such denial" and substituting the words "the provisions of this chapter".

Section 23. Section 6.54.040(C)(5) of the MCL is amended by deleting the word "until the judgement is reversed" in the last sentence of the section and substituting the words "unless the judgement is stayed".

Section 24. Section 6.54.040(C)(7) of the MCL is amended by deleting the words "a diagram is required under subsection (A)(6) of this section and based on the code inspection" at the beginning of the first sentence.

Section 25. Section 6.54.040(C)(9) of the MCL is amended by deleting the words "code section" and substituting in lieu therefore the word "chapter" after the words "if the board shall determine that the applicant is not in compliance with this" and before the words "the zoning code or the applicable health statutes, ordinances and regulations,".

Section 26. Section 6.54.040(C)(11) of the MCL is amended by deleting the last sentence of the section.

Section 27. Section 6.54.040(D)(1) of the MCL is amended by deleting the words "under subsection (C)(5) or (C)(7) of this section" after the word "denied" and before the words "the applicant may reinstate".

Section 28. Section 6.54.040(D)(1)(a) of the MCL is amended by deleting the words "described in subsection (C)(5) or (C)(7) of this section" after the word "denial" and before the words "to cure the violation".

Section 29. Section 6.54.040(D)(1)(e) of the MCL is amended by deleting the following words at the end of the subsection, "in accordance with subsection (C)(5) or (C)(7) of this section" and by deleting the word "is" and substituting in lieu therefore the words "will be" after the words "code violations have not been corrected, then the application" and before the word "denied" at the end of that subsection.

Section 30. Section 6.54.040(D)(2) of the MCL is amended by deleting the following words at the end of the subsection, "in accordance with subsections (C)(5), (C)(7) or (D)(3) of this section".

Section 31. Section 6.54.040(D)(2)(a) of the MCL is amended by deleting the word "five" and substituting the word "fifteen" and by deleting the following words at the end of the subsection, "described in subsection (C)(5) or (C)(7) of this section.

Section 32. The last sentence of Section 6.54.040(D)(3) of the MCL is amended by adding the word "initial" after the words "an extension of time have passed, the" and before the word "denial" and by deleting the words "described in subsections (C)(5) and (C)(7) of this section" after the word "denial" and before the words "shall be treated as a denial of the application."

Section 33. Section 6.54.040(E)(1) is amended by adding a new subsection:

f. If the board fails to meet within the specified time period, fails to have a quorum, or fails to take action on the application within the specified time period, then the license shall be deemed approved and sent to the applicant by United States Mail to the address listed on the application within two (2) days of that specified time period.

Section 34. Section 6.54.050(A)(1)(c) of the MCL is amended by deleting the section.

Section 35. Section 6.54.050(A) is amended by adding a new subsection as follows:

3. Any live performance of sexually oriented entertainment shall occur upon a stage at least 18 inches above the immediate floor level and removed at least 3 feet from the nearest customer. A three foot boundary from the outer edge of the stage shall be indicated on the floor by a rail, barrier, lighting, luminous tape or paint, or any other method which will make the boundary visible in a darkened condition so that the customer will not invade the 3 foot boundary from the stage with any portion of his/her body.

Section 36. Section 6.54.050(B) of the MCL is amended by deleting paragraph 6 in its entirety and substituting the following:

6. Any applicant found to have previously violated this chapter by operating or maintaining a sexually oriented business/establishment within the metropolitan area without a license, as evidenced by a judgement of a court, within one year immediately preceding the date of the application shall be ineligible for a license for one year from the date of the judgement. The fact that a trial court’s judgement is being appealed shall have no effect on the disqualification of the applicant unless the judgement is stayed.

Section 37. The last sentence of Section 6.54.060(B) is amended by deleting the word "permitted" and substituting in lieu therefore the word "described" after the words "until a permit is granted except as" and before the words "in Section 6.54.070(D)(4)."

Section 38. Section 6.54.060 is amended by adding a new subsection as follows:

C. Any entertainer found to have previously violated this chapter by providing sexually oriented entertainment in a sexually oriented business/establishment within the metropolitan area without a permit, as evidenced by a judgement of a court, within one year immediately preceding the date of the application shall be ineligible for a permit for one year from the date of the judgement. The fact that a trial court’s judgement is being appealed shall have no effect on the disqualification of the applicant unless the judgement is stayed.

Section 39. Section 6.54.070(A)(2)(a) of the MCL is amended by adding the word "his" before the words "her application, including one of the two photos to the police department" after the words "The police department may be notified of a need for a background check in two ways. The applicant brings" and further adding the word "his" before the words "her fingerprints taken at the police department." and after the words "including one of the two photos to the police department and has".

Section 40. Section 6.54.070(A)(2)(b) of the MCL is amended by deleting the word "may" after the words "The applicant" and before the words "have his/her fingerprints" and substituting in lieu therefore the word "shall", and by deleting the words "or other qualified person." at the end of that subsection and further amended by adding the following at the end of the section:

If the applicant intends to mail his/her application to the board then he/she shall have his/her local law enforcement agency take his/her fingerprints and photograph and that law enforcement agency shall mail the fingerprints directly to the Metropolitan Police Department.

Section 41. The first full sentence of Section 6.54.070(A)(2)(c) of the MCL is amended by adding the word "his" after the words "Fees. If the applicant brings" and before the words "her application to the police department," and further by deleting the second to last sentence in its entirety and substituting the following sentence:

This same procedure applies if the applicant has his/her fingerprints and photographs taken by their local law enforcement agency and mailed directly to the Metropolitan Police Department.

Section 42. Section 6.54.070(A)(4)(e) is amended by deleting the paragraph in its entirety and substituting in lieu therefore the following:

Whether the applicant previously entertained in this or any other county, city, or state under a sexually oriented business license/permit or similar business license/permit within the last year. For whom the applicant was employed or associated at the time. Whether the applicant has had such a license/permit revoked or suspended within the last year and the reason therefor and the business entity or trade name for whom the applicant was employed or associated at the time of such suspension or revocation;

Section 43. Section 6.54.070(A)(4)(h) of the MCL is amended by deleting the subsection in its entirety and substituting the following in lieu therefore:

A statement by the applicant that he/she is familiar with the provisions of this chapter and a statement swearing that information provided on the application is true and accurate.

Section 44. Section 6.54.070(B) of the MCL is amended by deleting the words "either by performing these functions or by reviewing these items which were provided by the applicant" before the words "and by performing a background investigation for crimes of a sexual nature." and after the words "fingerprints and 2 � 2 photo" and is further amended by deleting the words and numbers "Subject to Section 6.54.150.".

Section 45. Section 6.54.070(C)(1) is amended by deleting the first sentence in its entirety and substituting in lieu therefore the following:

Within fifteen days of receiving the results of the investigation conducted by the police department the board will meet and if it determines that the applicant has not been convicted of a crime of a sexual nature, as defined in Section 6.54.010, has not had a similar type of permit/license revoked in the last year, 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.

Section 46. Section 6.54.070(D)(1) of the MCL is amended by adding a new subsection:

f. If the board fails to meet within the specified time period, fails to have a quorum, or fails to take action on the application within the specified time period, then the permit shall be deemed approved and sent to the applicant by United States Mail to the address listed on the application within two (2) days of that specified time period.

Section 47. Section 6.54.070(E) of the MCL is amended by deleting paragraph 3 and substituting a new paragraph as follows:

3. The date the permit was issued.

Section 48. Section 6.54.080(A) of the MCL is amended by adding a new subsection as follows:

5. Any applicant found to have previously violated this chapter of the metropolitan code by providing sexually oriented entertainment within the metropolitan area without a permit, as evidenced by a judgement of a court, within one year immediately preceding the date of the application shall be ineligible for a permit for one year from the date of the judgement. The fact that a trial court’s judgement is being appealed shall have no effect on the disqualification of the applicant unless the judgement is stayed.

Section 49. Section 6.54.130 of the MCL is amended by adding a new section after (D) and by renumbering the sections accordingly as follows:

Live sexually oriented entertainment shall not be permitted in booths.

Section 50. Section 6.54.140(C) of the MCL is amended by adding the words "The distance shall be measured three (3) feet from any outer edge/side of the stage."

Section 51. Section 6.54.140 of the MCL is amended by adding three new subsections as follows:

Only one individual shall occupy a booth at any time. No occupant of a booth shall engage in any type of copulation, masturbation or the display of specified anatomical areas as defined herein or cause any bodily discharge of urine, feces or semen while in the booth. No individual shall damage or deface any portion of the booth.

Live sexually oriented entertainment shall not be permitted in booths.

No customer shall invade the 3 foot boundary from the outer edge of the stage as required to be designated by Section 6.54.050(A)(3).

Section 52. Section 6.54.160(B) shall be amended by deleting the words "A fine" at the beginning of the second sentence and substituting in lieu therefore the words "The five hundred dollar penalty".

Section 53. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Substitute Introduced:	August 3, 1999
Referred to:	Public Safety Committee Health, Hospitals & Social Services Committee
Amended:	August 3, 1999
Pass Second Reading:	August 3, 1999
Passed Third Reading:	August 17, 1999
Approved:	August 20, 1999
By: