ORDINANCE BL2017-828

An ordinance amending Chapter 6.54 of the Metropolitan Code of Laws to rename the Sexually Oriented Business Licensing Board as the Adult Entertainment or Sexually Oriented Business Licensing Board.

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

Section 1. That Chapter 6.54 of the Metropolitan Code is hereby amended by adding the words “ADULT ENTERTAINMENT OR” immediately before “SEXUALLY ORIENTED” in the heading.

Section 2. That Section 6.54.010 of the Metropolitan Code is hereby amended by adding the words “adult or” immediately before every appearance of the words “sexually oriented” in subsections C, E, and M.

Section 3. That Section 6.54.010 of the Metropolitan Code is hereby amended by deleting every appearance of the words “a sexually oriented” in subsections F, G, and O and substituting in lieu thereof “an adult entertainment or sexually oriented”.

Section 4. That Section 6.54.010 of the Metropolitan Code is hereby amended by deleting the provisions of subsection H in their entirety, and substituting in lieu thereof the following new subsection H:

H. “Existing adult entertainment or sexually oriented business” means an adult entertainment or sexually oriented business that is operating within the metropolitan area as of March 1, 1999.

Section 5. That Section 6.54.010 of the Metropolitan Code is hereby amended by deleting the provisions of subsection N in their entirety, and substituting in lieu thereof the following new subsection N:

N. “New adult entertainment or sexually oriented business” means an adult entertainment or sexually oriented business not in operation as of March 1, 1999.

Section 6. That Section 6.54.010.Y of the Metropolitan Code is hereby amended by deleting the words “a sexually oriented business” and substituting in lieu thereof the words “an adult entertainment or sexually oriented business”.

Section 7. That Section 6.54.010.Z of the Metropolitan Code is hereby amended by deleting the provisions of subsection 1 in their entirety, and substituting in lieu thereof the following new subsection 1:

1. “Sexually oriented bookstore” means an establishment which, as one of its principal business purposes, offers for sale books, magazines, other periodicals, or any other items which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section for observation of the patrons therein; or in conjunction therewith has facilities for the presentation of adult or sexually oriented entertainment, including but not limited to adult or sexually oriented movies, adult or sexually oriented videos, adult or sexually oriented films, or adult or sexually oriented live entertainment, for observation by patrons therein.

Section 8. That Section 6.54.010.Z of the Metropolitan Code is hereby amended by deleting the provisions of subsection 4 in their entirety, and substituting in lieu thereof the following new subsection 4:

4. “Sexually oriented video store” means a commercial establishment which, as one of its principal business purposes, offers the sale or rental, or presentation for a fee or incidentally to another service, “adult videos” or “sexually oriented videos” as defined in this section; or in conjunction therewith, regularly presents on the premises adult or sexually oriented motion pictures, adult or sexually oriented films, “adult videos” or “sexually oriented videos,” or adult or sexually oriented live exhibitions which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section for observation by patrons therein.

a. “Sexually oriented video” means a video, CD, laser disk, or similar medium with a cover that depicts “specified sexual activities” or “specified anatomical areas” or a transparent or less than opaque cover through which “specified sexual activities” or “specified anatomical areas” can be viewed.

Section 9. That Section 6.54.010 of the Metropolitan Code is hereby amended by deleting the provisions of subsection BB in their entirety, and substituting in lieu thereof the following new subsection BB:

BB. “Sexually oriented material” means “adult entertainment”; “sexually oriented entertainment”; and/or any material, including films, movies, motion pictures, videocassettes, slides, or other photographic reproductions, which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas” offered for observation by the patron(s) on the premises of an adult entertainment or sexually oriented business.

Section 10. That Section 6.54.010 of the Metropolitan Code is hereby amended by adding the following new definitions as subsections A through D and re-lettering any subsequent definitions as necessary to maintain the alphabetical ordering of the definitions in this section:

A. “Adult,” when used to modify film, movie, motion picture, videocassette, slides, or other photographic reproductions, means a film, movie, motion picture videocassette, slides, or other photographic reproduction that regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas” offered for observation by the patron(s) on the premises of an adult entertainment or sexually oriented business.

B. “Adult entertainment” means the regular presentation, for a fee or incidentally to another service, of material or exhibitions distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section for observation by patrons therein.

C. “Adult entertainment business/establishment” means any commercial establishment which for a fee or incidentally to another service, regularly presents material or exhibitions distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section for observation by patrons therein.

1. “Adult bookstore” means an establishment which, as one of its principal business purposes, offers for sale books, magazines, other periodicals, or any other items which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section for observation of the patrons therein; or in conjunction therewith has facilities for the presentation of adult or sexually oriented entertainment, including but not limited to adult or sexually oriented movies, adult or sexually oriented videos, adult or sexually oriented films, or adult or sexually oriented live entertainment, for observation by patrons therein.

2. “Adult nightclub” means a theater, concert hall, auditorium, nightclub, bar, restaurant, or similar commercial establishment which regularly features live performances that are characterized by any actual or simulated performance of “specified sexual activities” or the exposure of “specified anatomical areas,” as defined in this section.

3. “Adult theater” means an enclosed building in which films, motion pictures, videocassettes, slides, or other photographic reproductions that are distinguished or characterized by an emphasis on depictions of “specified sexual activities” or “specified anatomical areas,” as defined in this section, are regularly presented for observation by patrons therein.

4. “Adult video store” means a commercial establishment which, as one of its principal business purposes, offers the sale or rental, or presentation for a fee or incidentally to another service, “adult videos” or “sexually oriented videos,” as defined in this section; or in conjunction therewith, regularly presents on the premises adult or sexually oriented motion pictures, adult or sexually oriented films, “adult videos” or “sexually oriented videos,” or adult or sexually oriented live exhibitions which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined in this section for observation by patrons therein.

a. “Adult video” means a video, CD, laser disk, or similar medium with a cover that depicts “specified sexual activities” or “specified anatomical areas” or a transparent or less than opaque cover through which “specified sexual activities” or “specified anatomical areas” can be viewed.

D. “Adult material” means “adult entertainment”; “sexually oriented entertainment”; and/or any material, including films, movies, motion pictures, videocassettes, slides, or other photographic reproductions, which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas” offered for observation by the patron(s) on the premises of an adult entertainment or sexually oriented business.

Section 11. That section 6.54.020 of the Metropolitan Code is hereby amended by deleting the heading “Sexually oriented business licensing board” and substituting in lieu thereof: “Adult entertainment or sexually oriented business licensing board.”

Section 12. That Section 6.54.020 of the Metropolitan Code is hereby amended by deleting the provisions of subsection A in their entirety, and substituting in lieu thereof the following new subsection A:

A. Establishment. An adult entertainment or sexually oriented business licensing board is created and designated the metropolitan adult entertainment or sexually oriented business licensing board (herein "board").

Section 13. That Section 6.54.020 of the Metropolitan Code is hereby amended by adding the words “adult entertainment or” immediately before the words “sexually oriented” in subsection E.1.

Section 14. That Section 6.54.030 of the Metropolitan Code is hereby amended by adding the words “adult entertainment or” immediately before every appearance of the words “sexually oriented” in subsections A, B, C, F, and G.

Section 15. That Section 6.54.030 of the Metropolitan Code is hereby amended by deleting the provisions of subsection E in their entirety, and substituting in lieu thereof the following new subsection E:

E. It is unlawful for any entertainer or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment or sexually oriented business. It is unlawful for any employee to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment or sexually oriented business while adult or sexually oriented entertainment is being presented.

Section 16. That Section 6.54.040 of the Metropolitan Code is hereby amended by adding the words “adult entertainment or” immediately before every appearance of the words “sexually oriented” in subsections A.4, A.5.h, E.3, and E.4.
Section 17. That Section 6.54.040 of the Metropolitan Code is hereby amended by deleting the words “sexually oriented business/adult entertainment license/permit” in subsection A.5.d, and substituting in lieu thereof the words “adult entertainment/sexually oriented business license/permit or an adult/sexually oriented entertainment permit/license.”

Section 18. That Section 6.54.040 of the Metropolitan Code is hereby amended by deleting every occurrence of the words “a sexually oriented business” in subsection C.10, and substituting in lieu thereof the words “an adult entertainment or sexually oriented business.”

Section 19. That Section 6.54.050 of the Metropolitan Code is hereby amended by deleting the provisions of subsection A in their entirety, and substituting in lieu thereof the following new subsection A:

A. Physical Layout of Adult Entertainment or Sexually Oriented Business.

1. Any adult entertainment or sexually oriented business having available for customers, patrons or members any booth, for the viewing of any adult or sexually oriented entertainment, including but not limited to adult or sexually oriented films, adult or sexually oriented movies, or adult or sexually oriented videos, shall submit a diagram under Section 6.54.040(A)(6) and the diagram submitted must be substantially the same as the structure observed by the inspector. Further, the structure and the diagram shall comply with the following requirements:

a. Access. Each booth shall be totally accessible to and from aisles and public areas of the adult entertainment or sexually oriented business and shall be unobstructed by any door, gate, lock or other control-type devices.

b. Construction. Every booth shall meet the following construction requirements:

i. Each booth shall be separated from adjacent booths and any nonpublic areas by a solid or opaque wall;

ii. Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same;

iii. All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, nonabsorbent, smooth textured and easily cleanable;

iv. The floor must be light colored, nonabsorbent, smooth textured and easily cleanable; and

v. The lighting level of each booth shall be a minimum of ten footcandles at all times as measured from the floor.

2. The provisions enunciated in subdivision 1 of this subsection shall not apply to bathrooms unless the bathroom contains any equipment which would allow the viewing of adult or sexually oriented films, adult or sexually oriented movies, or adult or sexually oriented videos.

3. Any live performance of adult or sexually oriented entertainment shall occur upon a stage at least eighteen inches above the immediate floor level and removed at least three feet from the nearest customer. A three-foot boundary from the outer edge of the stage shall be indicated on the floor by a rail, barrier, lighting, luminous tape or paint, or any other method which will make the boundary visible in a darkened condition so that the customer will not invade the three-foot boundary from the stage with any portion of his/her body.

Section 20. That Section 6.54.050 of the Metropolitan Code is hereby amended by deleting every occurrence of the words “a sexually oriented business” in subsections B.1, B.4, and B.6, and substituting in lieu thereof the words “adult entertainment or sexually oriented business.”

Section 21. That Section 6.54.060 of the Metropolitan Code is hereby amended by deleting every occurrence of the words “a sexually oriented business” in subsections A and C, and substituting in lieu thereof the words “an adult entertainment or sexually oriented business.”

Section 22. That Section 6.54.060 of the Metropolitan Code is hereby amended by deleting every occurrence of the words “sexually oriented entertainment” in subsections B and C, and substituting in lieu thereof the words “adult or sexually oriented entertainment.”

Section 23. That Section 6.54.070 of the Metropolitan Code is hereby amended by deleting every occurrence of the words “a sexually oriented” in subsection A.2.c, and substituting in lieu thereof the words “an adult or sexually oriented.”

Section 24. That Section 6.54.070 of the Metropolitan Code is hereby amended by deleting the words “a sexually oriented business” in subsections A.4.e and C.6, and substituting in lieu thereof the words “an adult entertainment or sexually oriented business.”

Section 25. That Section 6.54.070 of the Metropolitan Code is hereby amended by adding the words “adult entertainment or” immediately before the words “sexually oriented” in subsection E.2.

Section 26. That Section 6.54.080 of the Metropolitan Code is hereby amended by deleting the words “sexually oriented business permit/license” in subsection A.4, and substituting in lieu thereof the words “adult entertainment/sexually oriented business license/permit or an adult/sexually oriented entertainment permit/license.”

Section 27. That Section 6.54.080 of the Metropolitan Code is hereby amended by adding the words “adult or” immediately before the words “sexually oriented” in subsection A.5.

Section 28. That Section 6.54.100 of the Metropolitan Code is hereby amended by adding the words “adult entertainment or” immediately before the words “sexually oriented” in subsection A.

Section 29. That Section 6.54.120 of the Metropolitan Code is hereby amended by adding the words “adult entertainment or” immediately before every appearance of the words “sexually oriented” in subsections A and B.

Section 30. That Section 6.54.130 of the Metropolitan Code is hereby amended by deleting the provisions of subsections B and C in their entirety, and substituting in lieu thereof the following new subsections B and C:

B. No employee on the premises for furthering the business, but not including independent contractors on the premises for repairs and construction, of an adult entertainment or sexually oriented business shall allow any minor to loiter around or to frequent an adult entertainment or sexually oriented business or to allow any minor to view adult or sexually oriented entertainment as defined herein on the premises of a licensed business.

C. Every adult entertainment or sexually oriented business shall be physically arranged in such a manner that the entire interior portion of any booths, wherein adult or sexually oriented motion pictures, adult or sexually oriented movies, adult or sexually oriented films, or adult or sexually oriented videos are viewed, shall be visible from the common area of the premises having at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same. Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. Further, any wall forming any portion of the booths, shall be solid and without any openings, extended from the floor to a height of not less than six feet. This section shall be construed in conjunction with Section 6.54.050A.

Section 31. That Section 6.54.130 of the Metropolitan Code is hereby amended by adding the words “adult or” immediately before every appearance of the words “sexually oriented” in subsections D and E.

Section 32. That Section 6.54.130 of the Metropolitan Code is hereby amended by adding the words “Adult Entertainment or” immediately before the words “Sexually Oriented” in subsection F.

Section 33. That Section 6.54.140 of the Metropolitan Code is hereby amended by deleting the words “a sexually oriented business” in subsection A, and substituting in lieu thereof the words “an adult entertainment or sexually oriented business.”

Section 34. That Section 6.54.140 of the Metropolitan Code is hereby amended by adding the words “adult or” immediately before every appearance of the words “sexually oriented” in subsections C and E.

Section 35. That Section 6.54.150 of the Metropolitan Code is hereby amended by adding the words “adult or” immediately before every appearance of the words “sexually oriented” in subsections A.5, A.6, C.4, C.5, and C.6.

Section 36. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sharon Hurt