ORDINANCE NO. BL2008-116

An ordinance to amend certain provisions of Metropolitan Code of Laws § 6.06, After Hours Establishments, to clarify responsibilities of the Department of Codes Administration and create consistency within the code.

WHEREAS, BL2007-1546 was adopted by the Metropolitan Council and created Metropolitan Code of Laws Chapter 6.06 entitled “After Hours Establishments” to regulate after hours establishments which are (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 open after 3:00 a.m. currently do not fall under the same regulations as dance halls and other night clubs; and

WHEREAS, certain provisions of Metropolitan Code of Laws Chapter 6.06 require clarification as to responsibilities under the provisions and consistency within the provisions:

WHEREAS, The Metropolitan Council desires to provide said clarity and consistency by amending certain provisions of Chapter 6.06;

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

Section 1. That Metropolitan Code of Laws 6.06.030(B)(6) be amended by deleting the phrase “as may be required by the board, in its discretion” to be replaced with phrase “as may be required by the department, in its discretion.”

Section 2. That Metropolitan Code of Laws 6.06.030(D)(2) be amended by deleting the phrase “the police department may provide the board with computer access” to be replaced with the phrase “the police department may provide the department with computer access”

Section 3. That the language in Metropolitan Code of Laws 6.06.040 be amended by deleting the phrase “any crime involving moral turpitude within the past five (5) years” to be replaced with the phrase “any crime involving moral turpitude within the past ten (10) years.”

Section 4. That the language in Metropolitan Code of Laws 6.06.040 be further amended by adding the sentence “Moral turpitude shall be defined as all sex-related crimes, premeditated murder, illegally selling class 1 and class 2 controlled substances, embezzlement and crimes involving dishonesty.”

Section 5. That the language in Metropolitan Code of Laws 6.06.070(B) be amended by deleting the phrase, “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” to be replaced with the phrase, “The director shall revoke the permit for any permit holder found by the department to be in violation of the provisions of this subsection B.”

Section 6. Be it further enacted, that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Anna Page

LEGISLATIVE HISTORY

Introduced: February 5, 2008
Passed First Reading: February 5, 2008
Referred to: Codes Committee
Passed Second Reading: February 19, 2008
Passed Third Reading: March 18, 2008
Approved: March 20, 2008
By: