ORDINANCE NO. BL2015-1009

An Ordinance amending Title 6 of the Metropolitan Code of Laws to add a new Chapter 6.83 pertaining to the hours of operation for cash advance, check cashing, and title loan establishments.

WHEREAS, a study conducted by the Regional Planning Agency of Chattanooga-Hamilton County, Tennessee, concluded that the proliferation and clustering of cash advance, check cashing, pawnshops, and title loan establishments (frequently called “Alternative Financial Services”) can have a detrimental effect on local property values and economic redevelopment; and

WHEREAS, these establishments are particularly dangerous and detrimental to the community when they are providing services in the middle of the night when those services should not be needed; and

WHEREAS, crime statistics increase during the middle of the night; and

WHEREAS, in order to protect local property values and economic redevelopment in Nashville, Tennessee, the Metropolitan Council deems it to be in the best interest of the residents of the city that the hours of operation for these businesses should be further regulated through the Metropolitan Code.

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

Section 1. That Title 6 of the Code of The Metropolitan Government of Nashville and Davidson County is hereby amended by adding the following new Chapter 6.83 entitled “Cash Advance, Check Cashing, and Title Loan Establishments”:

6.83.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Cash advance" means any building, room, space or portion thereof where unsecured, short-term cash advances are provided, including those made against future pay checks, as regulated by Title 45, Chapter 17, of the Tennessee Code Annotated.
“Check cashing" means any building, room, space or portion thereof where checks are cashed in exchange for a fee, as regulated by Title 45, Chapter 18, of the Tennessee Code Annotated.
“Title loan" means any building, room, space or portion thereof where a business operates that makes loans in exchange for possession of the certificate of title to property or a security interest in titled property, as regulated by Title 45, Chapter 15, of the Tennessee Code Annotated.

6.83.020 Hours of Operation.
A cash advance, check cashing or title loan establishment shall only operate between the hours of six o’clock (6:00) a.m. and midnight daily.

Section 2. If any provision of this Ordinance shall be declared unconstitutional or otherwise invalid by the judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining provisions of the Ordinance.

Section 3. Be it further enacted that this Ordinance shall take effect from after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jason Holleman