An ordinance amending 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 Title 6 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Chapter 6.06 entitled “AFTER HOURS ESTABLISHMENTS".
6.06.010 Definitions.
"After hours establishment" means: (1) 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); or (2) a nightclub marketed to teenagers that allows patrons under the age of eighteen (18) on the premises without the presence of the patron’s parent or legal guardian.
“Department” means the metropolitan department of codes administration.
“Director” means the director of the metropolitan department of codes administration.

6.06.020 Registration, permit and fees required.
It is unlawful to operate any after hours establishment within the metropolitan government area unless a permit has been issued by the department for the operation of such after hours establishment in accordance with the provisions of this chapter after payment of an application fee of two hundred fifty dollars ($250.00), with a one hundred dollar ($100.00) annual fee for the permit, plus the cost for providing the required background checks as determined by the director.

6.06.030 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 6.06.010, shall file in person with the department a written application, under oath, for a permit. No permit shall be issued until the department 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 department 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. 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 applicant shall submit an affidavit at the time the application is filed stating that:
1. No 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 ten (10) years; and
2. The applicant has not had a beer permit or license for the sale of intoxicating beverages suspended or revoked within the past five (5) years. If the department deems it necessary, the department may 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 department can conduct its own checks.

6.06.040 Permit—Issuance conditions.
No permit for the operation of 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 after hours establishment shall be in writing and shall be posted in a conspicuous place in the establishment 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.

6.06.050 Department of codes administration—Powers and duties.
A. The department shall be charged with the duty of supplying application forms for permits for permission to operate an after hours establishment and such forms shall contain such pertinent questions to be answered by the applicant, and to be sworn to, as is deemed to be necessary and proper by the director.
B. The director 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.

6.06.060 Minors prohibited when.
It is unlawful for any 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 consumed.

6.06.070 Prohibited acts, conduct and persons.
A. It is unlawful for any person to whom an after hours establishment permit has been issued to allow in such after hours establishment any indecent act to be committed or any disorder or conduct of a gross, violent or vulgar character. It is further unlawful for any after hours establishment permit holder, or any employee of the establishment, to knowingly or recklessly allow any patrons to enter the premises with a fake identification card or to bring any illegal drug onto the premises.
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. The director shall revoke the permit for any permit holder found by the board to be in violation of the provisions of this subsection B.
C. It is unlawful for any person to whom an after hours establishment permit has been issued to allow or permit any person, other than security personnel or off-duty police officers, to bring any firearm or knife onto the premises of the establishment.

6.06.080 Security to be provided by after hours establishment permit holders.
A. All after hours establishment permit holders shall be responsible for providing an adequate number of security officers licensed pursuant to chapter 35 of Title 62 of the Tennessee Code Annotated to effectively patrol the premises, including any parking facilities owned or maintained by the establishment for use of its patrons, and maintain order based on the maximum occupancy of the premises as determined by the metropolitan fire marshal.
B. The applicant shall submit a security plan at the time the application is filed. No after hours permit shall be issued until the chief of police or his designee approves the security plan submitted by the applicant. Further, the metropolitan police department shall monitor the security plans for after hours establishments on an on-going basis. In the event the chief of police or his designee determines that a security plan for a particular after hours establishment is no longer sufficient, the police department shall notify the department of codes administration. Upon receiving notice by the police department that a security plan is no longer sufficient, the department of codes administration shall notify the permit holder that a revised security plan must be submitted. If such revised security plan is not received by the department of codes administration within seven (7) days from the date the department sends a notice to the permit holder, the director of the department of codes administration or his designee shall proceed with revocation of the permit pursuant to section 6.06.090 of this chapter.

6.06.090 Revocation of permit.
A. The permit to operate any after hours establishment may be revoked for the violation of any provision of this chapter or provision of this code or other ordinance or law relating to such places, and upon the revocation of the permit to operate such after hours establishment, at least three months shall elapse before another permit shall be granted to the manager, owner or lessee of such establishment to operate the same.
B. Before revoking any permit, the director shall give the permit holder fifteen days written notice of the alleged violation(s) against him/her. In such cases the charges shall be specific and in writing.

6.06.100 Appeals for denial or revocation of permit—Hearings.
Upon the denial or revocation of an after hours permit by the director, the applicant or permit hold shall be entitled to a hearing in accordance with the provisions of this section:
A. A request for a hearing shall be in writing and filed with the director within five days of the director's decision to deny an initial application or renewal, or to revoke a permit.
B. The director shall notify the applicant or permit holder by United States mail of the hearing date.
C. The hearing date shall fall within twenty-five days from the date the director receives the request, unless the applicant requests a later date and the director grants the request.
D. The applicant or permit holder shall have a minimum of five days of notice before a hearing may be held. An applicant or permit holder is considered notified upon their receipt of notification from the director.
E. At the hearing, the applicant or permit holder may present evidence as to why his/her initial application or renewal should not be denied, or why his/her permit should not be revoked.
F. The director has the authority to subpoena witnesses to testify before hearings.
G. Within five days of the hearing the director shall state in writing the reason for the director's decision that will either affirm or reject the denial of an initial application, renewal, or the revocation of a permit and mail it by United States mail to the address of the applicant as listed on the application.
H. Any denial after a hearing of an initial application for a permit may be appealed by writ of certiorari to the Circuit or Chancery courts of Davidson County within sixty days from the date of the hearing.

6.06.110 Mandatory police checks of after hours establishments.
The metropolitan police department shall regularly enter the premises of after hours establishments, on a basis to be determined by the chief of police, to ensure the establishment is complying with the requirements of this chapter.

6.06.120 Severability.
If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unenforceable by a court of competent jurisdiction, such clause or provision and the remainder of this chapter shall remain effective and enforceable to the fullest extent allowed by law, and all clauses and provisions of this chapter are hereby declared to be severable.

Section 2. 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, Mike Jameson, Buck Dozier

LEGISLATIVE HISTORY
Introduced:	June 19, 2007
Passed First Reading:	June 19, 2007
Referred to:	Budget & Finance Committee Public Safety Committee Codes Committee
Passed Second Reading:	July 17, 2007
Passed Third Reading:	August 7, 2007
Approved:	August 9, 2007
By: