ORDINANCE NO. BL2013-603

An ordinance to amend Chapters 2.62 and 11.12 of the Metropolitan Code pertaining to the regulation of small outdoor music events on commercial property.

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

Section 1. That Section 2.62.020 of the Metropolitan Code is hereby amended by adding the following new definition:

“Small outdoor music event” means an event held on commercially-zoned property that features live, amplified outdoor music entertainment for not more than one hundred fifty (150) patrons or guests.

Section 2. That Chapter 2.62 of the Metropolitan Code is hereby amended by adding the following new Section 2.62.045:

2.62.045 Duties and powers to regulate small outdoor music events.

A. Permit Required.
1. An annual permit is required for a small outdoor music event on commercial property located within one thousand (1,000) feet of any property zoned to permit residential uses.
2. No person shall allow or conduct a small outdoor music event as defined herein without a permit from the mayor's office of film and special events.
B. Procedures for Small Outdoor Music Event Permit Application—Fees.
1. Applications for an annual small outdoor music event permits shall be filed no later than forty-five days prior to the first scheduled outdoor music event.
2. The assistant director shall review the application and shall advise the director as to the merits of the application. The director may approve or deny the application, or approve the application with conditions relating to the factors listed in subsection G. of this section.
3. Small outdoor music event permits shall be valid for a period of one year from the date of issuance and shall allow the applicant to hold not more than six (6) small outdoor music events within the duration of the permit.
C. Permit Application—Information Required. The application for a small outdoor music event permit shall contain the following information:
1. The proposed time(s), date(s), and location of the event(s);
2. A brief narrative description of the proposed event(s);
3. A list of persons responsible for planning the event(s), and reliable means of contacting those persons;
4. The estimated attendance at the event(s); and
5. Whether food or alcoholic beverages will be served at the event(s).
D. Evaluation of Permits. In evaluating a permit application, the director shall consider:
1. Whether applicant has complied with the requirements of this code and rules promulgated by the director.
2. The impact the event(s) would have on the neighborhood.
3. The impact on vehicular and pedestrian traffic and safety.
E. Other Metro Permits Required. The fact that a permit is issued under this chapter, or is not required by this chapter, shall not replace or render unnecessary any other permit required by law. Although the office may assist in or offer advice concerning other permits, other permits required by the Metropolitan Government of Nashville and Davidson County must be applied for and secured separately.
F. Payment of Fees. The permit application for small outdoor music events must be accompanied by the payment of a fifty dollar processing fee, in the form of a check or money order payable to the office of film and special events.
G. Special Conditions Applicable to Small Outdoor Music Events.
1. The event must start no earlier than 11:00 a.m. and must end no later than 10:00 p.m. on weekends and 9:00 p.m. on weeknights.
2. The event shall have no more than 150 people in attendance. The director shall have the authority to place further attendance limitations if deemed to be in the best interest of the neighborhood.
3. The stage, speakers, and amplifiers must not be oriented toward a single or two family residence within 300 feet.
4. The permit holder shall not operate or allow the operation of any sound amplification equipment so as to create sounds exceeding 60 Decibels (A weighted) from the nearest single or two-family residential property line.
5. The permit holder shall provide written notice of a small outdoor music event to all properties within 600 feet at least fourteen (14) days prior to a scheduled event.
6. The permit holder shall conspicuously post the permit on the property at all times during the event.
H. Revocation of Permit. The director shall have the authority to revoke or not renew a small outdoor music event permit upon the violation of any of the terms and conditions of the permit, the provisions contained in this chapter, or any other violation of the Metropolitan Code.

Section 3. That Section 11.12.070 of the Metropolitan Code is hereby amended by adding a new subsection I.:

“Notwithstanding the provisions of subsection A. to the contrary, the holder of a permit issued pursuant to Chapter 2.62 of the Metropolitan Code for a small outdoor music event on commercial property shall not operate or allow the operation of any sound amplification equipment so as to create sounds exceeding 60 Decibels (A weighted) from the nearest single or two-family residential property line. The ‘plainly audible’ standard in subsection A. shall not apply to permitted small outdoor music events.”

Section 4. This Ordinance shall take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bo Mitchell