SUBSTITUTE ORDINANCE NO. BL2015-1099

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to sex clubs, all of which is more particularly described herein (Proposal No. 2015Z-007TX-001).

WHEREAS, the Metropolitan Government has a legitimate governmental interest in protecting the health, safety, and welfare of Nashville’s residents; and

WHEREAS, sex clubs have been shown to have a negative impact on the health, safety, and welfare of communities; and

WHEREAS, the Metropolitan Council deems it to be necessary for the protection of the public health, safety, and welfare that sex clubs be restricted in the areas where they can locate and operate.

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

Section 1. That Section 17.04.060, Definitions of General Terms, is hereby amended by adding the following definition for “sex club”:

“Sex club” means any establishment, business, or club that allows members to engage in specified sexual activities or the exposure of specified anatomical areas, and which contains either rooms for couples or other adult-themed rooms or both for the use of members.

Section 2. That Section 17.08.030, District Land Use Tables, is hereby amended by adding “sex club” as a use permitted with conditions (PC) in the IWD, IR, and IG zoning districts.

Section 3. That Section 17.16.090, Industrial Uses, is hereby amended by adding the following new subsection G.:

G. Sex clubs.
1. No sex club shall be located within one thousand feet (measured property line to property line) of a residence, community education facility, day care, park, or religious institution.
2. Sex clubs shall be prohibited from all of the following:
a. Admitting members that are younger than twenty-one (21) years of age;
b. Admitting any new member without the affirmative vote of a majority of the other members;
c. Accepting applications for membership without a current member’s written recommendation; and
d. Granting membership within twenty-four (24) hours from the time a membership application is filed.

Section 4. Be it further enacted that this Ordinance shall 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: Karen Bennett

LEGISLATIVE HISTORY
Introduced:	April 7, 2015
Passed First Reading:	April 7, 2015
Referred to:	Planning Commission Planning & Zoning Committee
Passed Second Reading:	May 5, 2015
Substitute Introduced:	May 19, 2015
Passed Third Reading:	May 19, 2015
Approved:	May 21, 2015
By:
Effective:	May 29, 2015