ORDINANCE NO. BL2008-299

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

Section 1. That Section 17.04.060 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by adding the following new definition:

“After hours establishment” means a commercial establishment open to the general public after the hour of 3:00 a.m. that allows patrons to bring alcoholic beverages onto the premises (BYOB).

Section 2. That Section 17.08.030, of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by adding “After hours establishment” as a use permitted with conditions (PC) in the CS, CA, CF, CC, IR and IG zoning districts.

Section 3. That Section 17.16.070 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by adding the following new subsection A., and re-lettering the existing subsection A. and the remaining subsections accordingly:

A. After hours establishments.
1. Street standard. At a minimum, after hours establishments shall have driveway access on an arterial street.
2. Setback/Location restrictions. No after hours establishment shall be located within five hundred feet from the property line of any residential property. Distances shall be measured in a straight line from the closest point of the after hours establishment building to the closest point of the residential property line.

Section 4. This Ordinance shall take effect five (5) days from and 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, Mike Jameson, Duane Dominy, Jim Hodge, Robert Duvall

Amendment No. 1
To
Ordinance No. BL2008-299

Madam President:

I move to amend Ordinance No. BL2008-299 as follows:

1. By amending Section 2 by deleting the phrase “in the CS, CA, CF, CC, IR and IG zoning districts”, and substituting in lieu thereof the phrase “in the CA, CF, CC, IR and IG zoning districts”.

2. By amending Section 3 by adding the following provision at the end of subsection A.:

“3. The foregoing conditions shall not apply to after hours establishments located within the CC and CF zoning districts.”

Sponsored by: Anna Page, Michael Craddock, Robert Duvall

Amendment No. 2
To
Ordinance No. BL2008-299

Madam President:

I move to amend Ordinance No. BL2008-299, as amended, by amending Section 3 by deleting the following provision:

“3. The foregoing conditions shall not apply to after hours establishments located within the CC and CF zoning districts.”

Mike Jameson

Amendment No. 3
To
Ordinance No. BL2008-299

Madam President:

I move to amend Ordinance No. BL2008-299, as amended, by amending Section 1 by deleting the definition of “after hours establishment” and substituting in lieu there of the following new definition:

"After hours establishment" means any establishment open to the general public at any time between the hours of 3:00 a.m. and 6:00 a.m., which has for its primary purpose entertainment, teen clubs, dance clubs, and establishments which feature the playing of live or recorded music. If the establishment requires a cover charge upon entry, contains a dance floor, or uses either a disc jockey or a live band, it shall be considered an ‘after hours establishment,’ regardless of whether the establishment serves or sells prepared food for consumption.

Sponsored by: Anna Page

LEGISLATIVE HISTORY
Introduced:	September 16, 2008
Passed First Reading:	September 16, 2008
Referred to:	Planning Commission - Approved 8-0 (October 23, 2008) Planning & Zoning Committee
Amendment No. 1:	November 6, 2008
Passed Second Reading:	November 6, 2008
Amendment No. 2:	November 18, 2008
Deferred:	November 18, 2008
Amendment No. 3:	December 2, 2008
Passed Third Reading:	December 2, 2008
Approved:	December 9, 2008
By:
Effective:	December 11, 2008