ORDINANCE NO. BL2002-1185

An ordinance amending the Metropolitan Code of Laws to prohibit the sale of goods or the resale of tickets within the area surrounding the Nashville Convention Center, Municipal Auditorium, the Nashville Arena, and the Nashville football stadium.


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

Section 1. That Section 6.32.010.A. of the Metropolitan Code of Laws is hereby amended by deleting the first paragraph in its entirety and substituting in lieu thereof the following new paragraph:

“The sale or offering for sale of any goods or personal property, or the resale of one or more tickets to any event or show, is prohibited, within areas specified in this subsection, on any date whereon an event or show has been duly scheduled in the Nashville Convention Center. The prohibition includes all times necessary for preparation and removal of any materials before and after such event or show. Such sale or offering for sale of goods or personal property, or the resale of tickets, is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the Nashville Convention Center, and more particularly described as follows:”

Section 2. That Section 6.32.020.A. of the Metropolitan Code of Laws is hereby amended by deleting the first paragraph in its entirety and substituting in lieu thereof the following new paragraph:

“The sale or offering for sale of personal property, including but not limited to food, candy, confections, programs, books, pictures, records, tee shirts, lights and other novelties, or any and all other articles of personal property whatsoever by any person, or the resale of one or more tickets to any athletic contest or other performance or event, is prohibited between the hours of eight a.m. and eleven p.m. on any date whereon an athletic contest or other performance or event has been duly scheduled in the municipal auditorium through a lease agreement executed by both the lessee and the municipal auditorium building manager, under authority granted to the manager by the metropolitan auditorium commission, and such executed lease has been filed in the office of the metropolitan clerk. Such sale or offering for sale, or the resale of tickets, is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the municipal auditorium, and more particularly described as follows:”

Section 3. That Section 6.32.040.A.1. of the Metropolitan Code of Laws is hereby amended by deleting the first paragraph in its entirety and substituting in lieu thereof the following new paragraph:

“The sale or offering for sale of any food, goods or personal property, or the resale of one or more tickets to any athletic contest or other event, is prohibited, within the area specified by this subsection, on any date whereon an athletic contest or other event has been scheduled in the Nashville Arena. The prohibition includes all times used for preparation and removal of any material before and after the event and all times during the event. Such sale or offering for sale of food, goods or personal property, or the resale of tickets, is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the Nashville Arena, and more particularly described as follows:”

Section 4. That Title 6, Chapter 6.32 of the Metropolitan Code of Laws is hereby amended by adding the following new section:

“6.32.040 Nashville football stadium – Area regulations.

A.1. The sale or offering for sale of any food, goods or personal property, or the resale of one or more tickets to any athletic contest or other event, is prohibited, within the area specified by this subsection, on any date whereon an athletic contest or other event has been duly scheduled in the Nashville football stadium. The prohibition includes all times used for preparation and removal of any material before and after the event and all times during the event. Such sale or offering for sale of food, goods or personal property, or the resale of tickets is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the Nashville football stadium, said area bordered by James Robertson Parkway to the north, Shelby Avenue to the south, the Cumberland River to the west, and Interstate 24 to the east.

This subsection shall not apply to individuals soliciting for a bona fide charitable or religious purpose when such individual or organization shall have been approved and granted either a charitable solicitations permit or a religious registration by the metropolitan charitable solicitations board, or when such individual or organization shall have been exempted from any such requirements. Nor shall the provisions of this section apply to any individuals while in the process of exercising any lawful right of free speech or assembly protected by the Constitution of the United States and the state of Tennessee.

B. The provisions of this section shall not be construed to limit, abridge or otherwise abrogate any other requirement established by any other ordinance concerning licenses or permits which may be required to be obtained before any such sale or offering for sale of any goods referenced in subsection A of this section which may take place. Should the requirements of this section be more stringent than the requirements of any other ordinance which may relate to the sale or offering for sale of any goods referenced in subsection A of this section and within the area in which such sale or offering for sale is proscribed, then the provisions of this section shall prevail.

C. Any person convicted of violating any of the provisions of this section shall be fined not less than twenty-five dollars nor more than fifty dollars. Each sale or offering for sale which occurs in violation of this section shall be deemed a separate offense.

Section 5. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace

 

LEGISLATIVE HISTORY

Introduced: September 17, 2002
Passed First Reading: September 17, 2002
Referred to: Budget & Finance Committee
Parks, Library, Recreation & Auditorium Committee
Deferred: October 1, 2002
Deferred Indefinitely: October 15, 2002
Withdrawn: August 19, 2003