An ordinance amending Chapter 6.12 of Title 6 of the Metropolitan Code of Laws to add permitting provisions for after hours establishments.

WHEREAS, after hours clubs open after 3:00 a.m. currently do not fall under the same regulations as dance halls and other night clubs; and

WHEREAS, certain after hours establishments have been associated with criminal activity, which has been documented by the Metropolitan Police Department; and

WHEREAS, according to the Metropolitan Department's CAD History Reports, five hundred sixty-three (563) calls for police assistance were made for after hours clubs between January 1, 2004 and December 31, 2005, a copy of which is attached hereto and incorporated herein by reference; and

WHEREAS, the Council finds that the lack of regulation for these after hours establishments poses a risk to the health, safety and welfare of the citizens of Nashville and Davidson County.

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

Section 1. 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 ESTABLISHMENTS".

Section 2. 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 establishment" means a commercial establishment open to the general public after the hour of three o'clock (3:00) a.m. that allows patrons to bring alcoholic beverages onto the premises (BYOB).

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 provision at the end thereof:

"It is further unlawful to operate any after hours establishment within the metropolitan government area until a permit shall have been issued by the beer permit board for the operation of such after hours establishment in accordance with the provisions of this chapter after payment of an application fee of five hundred dollars plus a one hundred dollar annual fee for the permit."

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 establishment permit - Requirements and conditions.
A. The owner of any business desiring to operate an after hours establishment, 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 five 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 establishment 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 Chapter 6.12 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the provisions of Section 6.12.030 and substituting in lieu thereof the following new provisions:

"No permit for the operation of a public dancehall or an after hours establishment shall be issued until it shall be found that the place for which the same is issued complies with and conforms to all laws, ordinances, health and fire regulations applicable thereto, is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex and is a safe and proper place for the purpose for which it shall be used. The permit for such dancehall or after hours establishment shall be in writing and shall be posted in a conspicuous place in the dancehall at all times when the same shall be operated. Further, no after hours establishment 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. That Section 6.12.040 of the Metropolitan Code of Laws shall be and the same is hereby amended as follows:

1. By amending subsection A. by deleting the phrase "public dancehall or a public dance", and substituting in lieu thereof the phrase "public dancehall, public dance, or after hours establishment".
2. By amending subsection B. by deleting the phrase "public dancehalls and public dances" and substituting in lieu thereof the phrase "public dancehalls, public dances and after hours establishments".

Section 7. That Section 6.12.070 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence:

"It is unlawful for any dance or after hours establishment permit holder, or his agent or employee, to allow any person under eighteen years of age to loiter or congregate about the premises when alcoholic beverages are being sold."

Section 8. That Chapter 6.12 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the provisions of Section 6.12.080 and substituting in lieu thereof the following new provisions:

"A. It is unlawful for any person to whom a dancehall or after hours establishment permit has been issued or for any person conducting a public dancehall or public dance to allow or permit in such dancehall or after hours establishment, or at such dance, any indecent act to be committed or any disorder or conduct of a gross, violent or vulgar character, or to permit in any such dancehall or at any such dance any known prostitute, pimp or procurer. It is unlawful for any known prostitute, male or female procurer or vagrant to be present at any public dance, public dancehall or after hours establishment.
B. It is unlawful for any person to whom an after hours establishment permit has been issued to allow or permit any person under the age of twenty-one (21) to consume alcoholic beverages on the premises. Failure by a permit holder to abide by this provision shall make such permit holder strictly liable for any property damage or personal injuries caused by any person under the age of twenty-one (21) that has consumed alcoholic beverages on the premises of the establishment."

Section 9. That Chapter 6.12 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 6.12.085:

"6.12.085 Security to be provided by after hours establishment permit holders.
All after hours establishment permit holder shall be responsible for providing an adequate number security officers licensed pursuant to chapter 35 of Title 62 of the Tennessee Code Annotated to effectively patrol the premises and maintain order based on the maximum occupancy of the premises as determined by the metropolitan fire marshal."

Section 10. That Section 6.12.090 of the Metropolitan Code of Laws shall be and the same is hereby amended as follows:

1. By amending subsection A. by adding after the word "dancehall" the phrase "or after hours establishment".
2. By amending subsection B. by deleting the phrase "public dancehalls or public dances" and substituting in lieu thereof the phrase "public dancehalls, public dances or after hours establishments".

Section 11. That Chapter 6.12 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 6.12.100:

6.12.100 Implementation of rules and regulations.
The beer permit board shall have the authority to adopt and implement rules and regulations, not inconsistent with the chapter, which will effectuate the purposes of this chapter and secure compliance with its provisions to protect the health and safety of the inhabitants within the area of the metropolitan government.

Section 12. 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