ORDINANCE NO. BL2008-205

An ordinance amending Chapter 6.54 of Title 6 and Chapter 7.08 of Title 7 of the Metropolitan Code of Laws pertaining to sexually oriented businesses by adding new provisions applicable to beer cabarets.

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 is hereby amended by amending Section 6.54.010, Definitions, as follows:

1. By amending the definition of “sexually oriented business/establishment” by adding the following provision at the end of the first paragraph of subsection Z:

“Notwithstanding the foregoing to the contrary, a ‘beer cabaret’ as defined by and regulated pursuant to Chapter 7.08 of the metropolitan code shall not be considered a ‘sexually oriented business/establishment’.”

2. By amending subsection Z. by amending the definition of “sexually oriented nightclub” by adding the following provision at the end thereof:

“Notwithstanding the foregoing to the contrary, a ‘beer cabaret’ as defined by and regulated pursuant to Chapter 7.08 of the metropolitan code shall not be considered a ‘sexually oriented nightclub’.”

3. By amending subsection AA. by amending the definition of “sexually oriented entertainment” by adding the following provision at the end thereof:

“Notwithstanding the foregoing to the contrary, a ‘beer cabaret’ as defined by and regulated pursuant to Chapter 7.08 of the metropolitan code shall not be considered ‘sexually oriented entertainment’.”

Section 2. That Section 7.08.010 of the Metropolitan Code is hereby amended by adding the following new definitions:

“Beer Cabaret" means a theater, concert hall, auditorium, night club, bar, restaurant, or similar commercial establishment, located within the adult entertainment overlay district established in accordance with chapter 17.36 of the metropolitan code, which regularly features live topless performances and dancers, not to include or permit specified prohibited anatomical areas or activities as defined in this section.

"Specified prohibited anatomical areas" means:
1. Less than completely and opaquely covered: Human genitals, pubic region,
2. Human male genitals in a discernibly turgid state, even if completely opaquely covered.

"Specified prohibited sexual activities" means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy.

Section 3. That Section 7.08.030 of the Metropolitan Code is hereby amended by adding the following new subsection F. and relettering the existing subsections F. and G. accordingly.

“F. A beer cabaret permit shall be issued to any person operating a commercial establishment meeting the definition of “beer cabaret” in section 7.08.010 and meeting all of the requirements of section 7.08.045 of this chapter engaged in the sale of beer where the beer is to be consumed by the purchaser or his/her guests upon the premises of the seller.”

Section 4. That Chapter 7.08 of the Metropolitan Code of Laws is hereby amended by adding the following new Section 7.08.045:

7.08.045 Application for beer cabaret permit - Requirements and conditions.
A. The owner of any business desiring to operate a beer cabaret, as defined in section 7.08.010, 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. No beer cabaret 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.
F. The metropolitan beer permit board shall submit the necessary information of each applicant for a beer cabaret permit to the police department for the purpose of ascertaining whether the applicant has ever been 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 7.08.130 of the Metropolitan Code is hereby amended by adding the following new subsection D.:

“D. In addition to the prohibited acts described in subsections A. through C. of this section, it is unlawful for holders of a beer cabaret permit to:
1. Admit any patron below the age of (21) years of age.
2. Allow performers to dance anywhere upon the premises other than a stage or mobile platform.
3. Sell or allow patrons to bring any alcohol over five percent 5% on premises.
4. Employ as a performer anyone who has been convicted of any crime involving moral turpitude within the past five (5) years.
5. Allowing performers to expose specified prohibited anatomical areas and/or perform specified prohibited sexual activities.

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: Jerry Maynard