SUBSTITUTE ORDINANCE BL2017-953

An ordinance amending Chapter 6.64 of the Metropolitan Code of Laws to restrict door-to-door commercial solicitation to daylight hours and to revise eligibility provisions for issuance of a permit.

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

Section 1. That Chapter 6.64 of the Metropolitan Code of Law is hereby amended by adding a new section 6.64.035 as follows:

6.64.035 – Solicitation Restricted to Daylight Hours.

It shall be a violation of this chapter to engage in door-to-door commercial solicitation on any day after sunset or before sunrise.

Section 2: That Chapter 6.64 of the Metropolitan Code of Law is hereby further amended by deleting section 6.64.080 in its entirety and substituting the following in lieu thereof:

6.64.080 - Persons prohibited.

A person shall not be eligible for issuance of a permit or identification badge under this chapter if:

A.  Such person has been convicted for a felony or any crime involving theft, dishonesty, or any crime of a sexual nature in any jurisdiction.

B.   A permit or an identification badge previously issued to such person under this chapter has been revoked by the clerk under Sections 6.64.130 or 6.64.140 of this chapter.

Section  2. 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brett Withers

AMENDMENT NO. 1
TO
SUBSTITUTE ORDINANCE NO. BL2017-953

Mr. President –

I move to amend Substitute Ordinance No. BL2017-953 as follows:

I. By amending Section 1 by deleting it in its entirety and substituting therefore the following:

6.64.035 – Solicitation Restricted to Daylight Hours.

It shall be a violation of this chapter to engage in door-to-door commercial solicitation on any day (a) before sunrise or (b) after sunset or 7:00 pm, whichever occurs later.

I. By amending Section 2 by deleting it in its entirety and substituting therefore the following:

6.64.080 - Persons prohibited.

A person shall not be eligible for issuance of a permit or identification badge under this chapter if:

A.  Such person has been convicted, pled guilty, placed on probation or parole, pleaded nolo contendere, or been released from incarceration within a period of five years prior to the date of application of a crime of moral turpitude. For purposes of this section, "moral turpitude" means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.; or

B.   A permit or an identification badge previously issued to such person under this chapter has been revoked by the clerk under Sections 6.64.130 or 6.64.140 of this chapter.

Sponsored by: Brett Withers

LEGISLATIVE HISTORY
Introduced:	November 7, 2017
Passed First Reading:	November 7, 2017
Referred to:	Public Safety, Beer, and Regulated Beverages Committee
Substitute Introduced:	November 21, 2017
Deferred:	November 21, 2017
Deferred:	December 5, 2017
Amended:	December 19, 2017
Passed Second Reading:	December 19, 2017
Passed Third Reading:	January 2, 2018
Approved:	January 3, 2018
By:

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