ORDINANCE NO. BL2017-658

ORDINANCE NO. BL2017-658

An ordinance amending Title 6, Chapter 32 of the Metropolitan Code of Laws by regulating the sale or offering for sale of any food, goods or personal property upon the streets and sidewalks within areas of the Metropolitan Government surrounding the Ryman Auditorium, Ascend Amphitheater, Tennessee Performing Arts Center, War Memorial Auditorium and First Tennessee Park during certain hours or certain days.

WHEREAS, Chapter 6.32 of the Metropolitan Code of Laws currently prohibits the sale or offering of food, goods and personal property upon the streets and sidewalks in areas of the Metropolitan Government surrounding the Nashville Convention Center, the Municipal Auditorium, and the Nashville Arena during certain hours on certain days; and

WHEREAS, the unrestricted sale of food, goods, and personal property within areas surrounding the Ryman Auditorium, Ascend Amphitheater, Tennessee Performing Arts Center, War Memorial Auditorium and First Tennessee Park during the hours when a performance or an event is duly scheduled will impede, interfere with, and create a nuisance to pedestrians on the sidewalk and to traffic and may interfere with the rights of ingress, egress, and access of abutting property owners; and

WHEREAS, there is a substantial public benefit in regulating and limiting the sale or offering for sale of food, goods and personal property in an area surrounding the Ryman Auditorium, Ascend Amphitheater, Tennessee Performing Arts Center, War Memorial Auditorium and First Tennessee Park; and

WHEREAS, the Metropolitan Council of Nashville and Davidson County desires to amend the Metropolitan Code of Laws of the Metropolitan Government of Nashville and Davidson County to add area regulations for the Ryman Auditorium, Ascend Amphitheater, Tennessee Performing Arts Center, War Memorial Auditorium and First Tennessee Park.

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

Section 1. Chapter 6.32 of the Metropolitan code of Nashville and Davidson County is amended by adding new sections as follows:

6.32.050 – Ryman Auditorium – Area regulations

A. 1. The sale or offering for sale of any goods or personal property, including but not limited to food, candy, confections, programs, books, pictures, tickets, records, tee shirts, lights and other novelties, or any and all other articles of personal property whatsoever by any person, is prohibited, within the area specified by this subsection on any date whereon an event has been duly scheduled in the Ryman Auditorium. The prohibition includes all times used for preparation and removal of any material before and after the event and all times during the event. Such sale or offering for sale of goods or personal property is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the Ryman Auditorium, and more particularly described as follows:

Beginning at the eastern margin and sidewalk of Opry Place adjacent to the Ryman Auditorium and proceeding in a southern direction along Opry Place to the intersection of Opry Place and Alley No. 55, thence proceeding along Alley No. 44 in an easterly direction to the intersection of Alley No. 44 and Fourth Avenue North, then proceeding northerly along the western side of Fourth Avenue North to the intersection of Fourth Avenue North and Commerce Street.

2. This subsection shall not apply to individuals soliciting for a bona fide charitable or religious purpose when such individual or organization shall have been approved and granted either a charitable solicitations permit or a religious registration by the metropolitan charitable solicitations board, or when such individual or organization shall have been exempted from any such requirements. Nor shall the provisions of this section apply to any individuals while in the process of exercising any lawful right of speech or assembly protected by the Constitution of the United States and the State of Tennessee.

B. The provisions of this section shall not be construed to limit, abridge or otherwise abrogate any other requirement established by any other ordinance concerning licenses or permits which may be required to be obtained before any such sale or offering for sale of any goods referenced in subsection A of this section which may take place. Should the requirements of this section be more stringent than the requirements of any other ordinance which may relate to the sale or offering for sale of any goods referenced in subsection A of this section and within the area in which such sale or offering for sale is proscribed, then the provisions of this section shall prevail.

C. Any person violating any of the provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than fifty dollars. Each sale or offering for sale which occurs in violation of this section shall be deemed a separate offense.

6.32.060 – Tennessee Performing Arts Center – Area regulations

A. 1. The sale or offering for sale of any goods or personal property, including but not limited to food, candy, confections, programs, books, pictures, tickets, records, tee shirts, lights and other novelties, or any and all other articles of personal property whatsoever by any person, is prohibited, within the area specified by this subsection on any date whereon an event has been duly scheduled in the Tennessee Performing Arts Center. The prohibition includes all times used for preparation and removal of any material before and after the event and all times during the event. Such sale or offering for sale of goods or personal property is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the Tennessee Performing Arts Center, and more particularly described as follows:

Beginning at the northwest corner of Union Street and Fifth Avenue North and proceeding in a west-southwesterly direction along the northerly margin and sidewalk of Union Street adjacent to the Tennessee Performing Arts Center to the northeast corner of Union Street and Sixth Avenue North, thence proceeding in a northwesterly direction along the easterly margin and sidewalk of Sixth Avenue North adjacent to the Tennessee Performing Arts Center to the southern side of the intersection of Sixth Avenue North and Deaderick Street, thence proceeding in an east-northeasterly direction along the southern margins and sidewalks of Deaderick Street to the southwest corner of the intersection of Fifth Avenue North and Deaderick Street, thence proceeding in a south-southeasterly direction along the westerly margin and sidewalk of Fifth Avenue North to the northwest corner of Union Street and Fifth Avenue North.

6.32.070 – War Memorial Auditorium – Area regulations

A. 1. The sale or offering for sale of any goods or personal property, including but not limited to food, candy, confections, programs, books, pictures, tickets, records, tee shirts, lights and other novelties, or any and all other articles of personal property whatsoever by any person, is prohibited, within the area specified by this subsection on any date whereon an event has been duly scheduled in the War Memorial Auditorium. The prohibition includes all times used for preparation and removal of any material before and after the event and all times during the event. Such sale or offering for sale of goods or personal property is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the War Memorial Auditorium, and more particularly described as follows:

Beginning at the northeast corner of Union Street and Seventh Avenue North and proceeding in a north-northwesterly direction along the easterly margin and sidewalk of Seventh Avenue North adjacent to the War Memorial Auditorium to the southeast corner of Charlotte Avenue and Seventh Avenue North, thence proceeding in a easterly direction along the southerly margin and sidewalk of Charlotte Avenue adjacent to the War Memorial Auditorium to the western side of the intersection of Sixth Avenue North and Charlotte Avenue, thence proceeding in a south-southeasterly direction along the western margins and sidewalks of Sixth Avenue North to the northwest corner of the intersection of Sixth Avenue North and Union Street, thence proceeding in a westerly direction along the northerly margin and sidewalk of Union Street to the northeast corner of Union Street and Seventh Avenue North.

6.32.080 – Ascend Amphitheater – Area regulations

A. 1. The sale or offering for sale of any goods or personal property, including but not limited to food, candy, confections, programs, books, pictures, tickets, records, tee shirts, lights and other novelties, or any and all other articles of personal property whatsoever by any person, is prohibited, within the area specified by this subsection on any date whereon an event has been duly scheduled in the Ascend Amphitheater. The prohibition includes all times used for preparation and removal of any material before and after the event and all times during the event. Such sale or offering for sale of goods or personal property is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding the Ascend Amphitheater, and more particularly described as follows:

Beginning at the southeast corner of the Broadway and First Avenue South and proceeding in a southerly direction along the eastern margin and sidewalk of First Avenue South adjacent to the Ascend Amphitheater to the northeast corner of the intersection of Korean Veterans Boulevard and First Avenue South, thence proceeding in an east-northeasterly direction along the northern margin and sidewalk of Korean Veterans Boulevard to the Cumberland River.

6.32.090 – First Tennessee Park – Area regulations

A. 1. The sale or offering for sale of any goods or personal property, including but not limited to food, candy, confections, programs, books, pictures, tickets, records, tee shirts, lights and other novelties, or any and all other articles of personal property whatsoever by any person, is prohibited, within the area specified by this subsection on any date whereon an event has been duly scheduled in First Tennessee Park. The prohibition includes all times used for preparation and removal of any material before and after the event and all times during the event. Such sale or offering for sale of goods or personal property is prohibited upon the streets and sidewalks in the area of the metropolitan government surrounding First Tennessee Park, and more particularly described as follows:

Beginning at the southeasterly corner of Junior Gilliam Way and Fifth Avenue North, and proceeding in a southeasterly direction along the easterly margin and sidewalk of Fifth Avenue North adjacent to First Tennessee Park to the northeast corner of Fifth Avenue North and Harrison Street, thence proceeding in a northeasterly direction along the northerly margin and sidewalk of Harrison Street adjacent to First Tennessee Park to the northwestern side of Harrison Street and Third Avenue North, then proceeding northwesterly along the western margins and sidewalks of Third Avenue North adjacent to First Tennessee Park to the southwestern side of Third Avenue North and Junior Gilliam Way, thence proceeding in a southwesterly direction along the southern margin and sidewalk of Junior Gilliam Way adjacent to First Tennessee Park to the southeasterly corner of Junior Gilliam Way and Fifth Avenue North.

C. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than fifty dollars. Each sale or offering for sale which occurs in violation of this section shall be deemed a separate offense.

Section 2. This Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Nancy VanReece, Freddie O'Connell, Burkley Allen, Jeff Syracuse

AMENDMENT NO. 1

ORDINANCE NO. BL2017-658

Mr. President,

I move to amend Ordinance No. BL2017-658 as follows:

I. By amending Section 1 by deleting the second paragraph of subsection 6.32.080.A.1 and substituting the following in lieu thereof:

Beginning at the ~~southeast~~ northwest corner of ~~the Broadway~~ Demonbreun Street and First Avenue South and proceeding in a southerly direction along the eastern margin and sidewalk of First Avenue South adjacent to the Ascend Amphitheater to the northeast corner of the intersection of Korean Veterans Boulevard and First Avenue South, thence proceeding in an east-northeasterly direction along the northern margin and sidewalk of Korean Veterans Boulevard to the Cumberland River.

Sponsored by: Nancy VanReece, Dave Rosenberg

LEGISLATIVE HISTORY
Introduced:	April 4, 2017
Passed First Reading:	April 4, 2017
Referred to:	Convention, Tourism, and Public Entertainment Facilities Committee Public Works Committee
Amended:	April 18, 2017
Passed Second Reading:	April 18, 2017
Passed Third Reading:	May 2, 2017
Approved:	May 8, 2017
By:

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.