An ordinance amending Chapters 6.12 and 6.54 of Title 6 of the Metropolitan Code of Laws to repeal the chapter pertaining to sexually oriented businesses, and to add new permitting provisions for after hours clubs and sexually oriented night clubs.

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

Section 1. That Chapter 6.54 of the Metropolitan Code of Laws shall be and the same is hereby repealed in its entirety.

Section 2. That Chapter 6.12 of the Metropolitan Code of Laws shall be and the same is hereby amended by changing the title of said Chapter to "DANCES, DANCEHALLS, AND AFTER HOURS CLUBS".

Section 3. That Section 6.12.010 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new definitions:

"After hours club" means:
1. A commercial establishment open to the public after the hour of midnight where a dance floor or live entertainment is provided;
2. A sexually oriented night club, as defined in this section.

"Sexually oriented night club" means a theater, concert hall, auditorium, night club, bar, restaurant, or similar commercial establishment which regularly features live performances that are characterized by any actual or simulated performance of "specified sexual activities" or the exposure of "specified anatomical areas", as defined in this section.

"Specified anatomical areas" means:
1. Less than completely and opaquely covered:
a. Human genitals, pubic region,
b. Buttocks,
c. Female breasts below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely opaquely covered.

"Specified sexual activities" means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

Section 4. That Chapter 6.12 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 6.12.025:

6.12.025 Application for after hours club permit - Requirements and conditions.
A. The owner of any business desiring to operate an after hours club, as defined in Section 6.12.010, shall file in person with the metropolitan beer permit board a written application, under oath, for a permit. The application shall be filed at least ten days prior to the date of hearing said application. The board may waive this ten-day requirement if it deems it appropriate. No permit shall be issued until the board has approved the written application, which shall contain questions necessary to the determination of whether the applicant has met all laws of this state and all provisions of this code and other ordinances of the metropolitan government then in effect. The form of such application shall be prescribed by the board and approved by the metropolitan department of law.
B. To be eligible for a permit, the applicant shall provide all of the following information in the application:
1. Name of applicant;
2. Name of applicant's business;
3. Location of business by street address;
4. All persons, firms, corporations, limited liability companies, partnerships, joint-stock companies, syndicates, or associations having at least a fiver percent (5%) interest in the applicant establishment;
5. Identity and address of a representative to receive annual tax notices;
6. Whether any person, firm, corporation, limited liability company, partnership, joint-stock company, syndicate, or association having at least a five percent (5%) interest in the establishment has been convicted of any crime involving moral turpitude within the past five (5) years;
7. Such other information, relevant and material to the protection of the health, safety and morals of the inhabitants of the metropolitan government area as may be required by the board, in its discretion.
C. An applicant or permit holder shall amend or supplement the information provided in its application promptly if a change in circumstances affects the responses in its application.
D. Permits shall be issued to the owner of the business, whether a person, firm, corporation, limited liability company, partnership, joint-stock company, syndicate, or association.
E. The metropolitan beer permit board shall submit the necessary information of each applicant for an after hours club permit to the police department for the purpose of ascertaining whether the applicant has ever been arrested or convicted of any offense which would prohibit the issuance of a permit. In the alternative, the police department may provide the board with computer access to their records revealing the required information and provide assistance so that the board can conduct its own checks.

Section 5. That Section 6.12.030 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following provision at the end thereof:

"No after hours club permit shall be issued for an applicant establishment if any person, firm, corporation, limited liability company, partnership, joint-stock company, syndicate, or association having at least a five percent (5%) interest in the establishment has been convicted of any crime involving moral turpitude within the past five (5) years."

Section 6. 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: Adam Dread