Appendix Vol2 — Tennessee v. Dja Vu of Nashville, Inc. (No. 05-1194)

App. 125

after the words “confirm the layout of the booths.” and

before the words “complies with the submitted diagram”.

Section 18. Section 6.54.040(B)\(3) is amended by

deleting that subsection in its entirety and substituting in

lieu therefore:

The police department shall complete its investiga-

tion and the codes department, and health depart-

ment shall complete their respective inspections and

shall communicate the results to the board in wnt-

ing within twenty days of receipt of the application.

The written investigation from the codes depart-

ment and health department shall end with sub-

stantially one of the following statements:

The location at Cae

complies with Chapter 6.54 and the applica-

ble health code sections of the metropolitan

code.

The location at .

does not comply with Chapter 6.54 and the

applicable health code sections of the metro-

politan code. It ts in violation of the follow-

ing provisions: Section numbers of code

violations.

The writing from the police department shall end

with substantially the following statement:

The police department’s criminal record

check indicates that the persons listed on the

application have/have not committed a crime

of a sexual nature within the past five years.

The persons listed on the application have

committed the following crimes:

Name Crime Date

App. 126

Section 19. Section 6.54.040(B)(4) of the MCU is

amended by deleting the subsection in its entirety and

renumbering accordingly.

Sectoin 20. Section 6.54.040(C) of the MCL is

amended by deleting paragraph 1 in its entirety and

substituting the following and renumbering the remaining

subsections accordingly.

1. Within fifteen days of receiving the results of

the investigation conducted by the police de-

partment and the inspections by the codes de-

partment, and health department the board will

meet and determine if the applicant is in compli-

ance with this code section and the applicable

health statutes, ordinances and regulations.

2. Ifthe board determines that the applicant is

in compliance with the applicable health stat-

utes, ordinances and regulations, and the appli-

cant has not committed a crime of a sexual

nature, as defined in 6.54.010, is at least eight-

een years of age, and has not given any false or

misleading information on the application or

omitted any material facts from the application

then the board shall grant the license. False or

misleading information does not include informa-

tion which the applicant reasonably believed, af-

ter exercising due diligence, was correct at the

time of the application.

3. Ifthe board fails to meet within the time pe-

riod specified, or fails to have a quorum at the

meeting, then the license shall be deemed ap-

proved and sent to the applicant by United

States Mail to the address listed on the applica-

tion.

App. 127

Section 21. Section 6.54.040(C)(3) is amended by

deleting paragraph 3 in its entirety and substituting the

following and renumbering this subsection as number “5”.

5. If it is determined by the board, using the

application and the inspection reports that the

applicant has violated the provisions of the zon-

ing code applicable to sexually oriented/adult en-

tertainment businesses within the past two

years, then the applicant is ineligible for a li-

cense for one year from the date the citation was

sustained. A violence of the zoning code shall be

evidenced by a judgement of a court. The fact

that the judgement is being appealed shall have

no effect on the disqualification of the applicant

until the judgement is reversed.

Section 22. Section 6.54.040(C\4) 1s amended by

adding the following sentence to the end of the paragraph,

“False or misleading information does not include informa-

tion which the applicant reasonably believed, after exercis-

ing due diligence, was correct at the time of the

application.”

Section 23. Section 6.54.040(C\(7) of the MCL is

amended by renumbering this subsection as subsection “9”

and by deleting the words “fire department” after the

words “inspection reports from the codes department” and

before the words “and health department,” and by deleting

the words “the applicable statutes, ordinance, and regula-

tions” and substituting in lieu therefore the words “this

code section or the applicable health statutes, health and.

zoning ordinances and health and zoning regulations”

after the words “if the board shall determine that the

applicant is not in compliance with” and before the words

: App. 128

“the applicant shall be notified in writing, the next busi-

ness day”.

Section 24. Section 6.54.040(C)\(9) of the MCL is

amended by adding the words “Faise or misleading infor-

mation does not include information which the applicant

reasonably believed, after exercising due diligence, was

correct at the time of the application.” at the end of that

subsection and by renumbering this subsection as “11”.

Section 25. Section 6.54.040(C\(10) of the MCL is

amended by deleting the word “any” and substituting in

lieu therefore the word “a” after the words “or his or her

refusal or failure to appear at” and before the words

“reasonable time and place for examination under oath

regarding such application”.

Section 26. Section 6.54.040(D)(1), 6.54.040(D)(1)(a)

and 6.54.040(D)(1)\(e) of the MCL are amended by deleting

the reference to “6.54.040(C)(5)” and substituting in heu

therefore “6.54.040(C)(4)”. Further 6.54.040(D)(1)(a) is

amended by deleting the word “five” in the first line and

substituting in lieu therefore the word “fifteen”.

Section 27. Section 6.54.040(D)(1\d) of the MCL is

amended by deleting the reference to “6.54.040(C)(4)” and

substituting in lieu therefore “6.54.040(C)(6)”.

Section 28. Section 6.54.040(D)(2\d) of the MCL is

amended by deleting this section in its entirety and

substituting the following in leu therefore:

d. An extension shall only be granted when the

Codes inspector and the Health inspector the

agree that an extension will not endanger the

health or safety of the community and the board

determines that the applicant has demonstrated

App. 129

a good faith effort to make the necessary repairs

or cure the violation(s) in a timely manner.

Section 29. Section 6.54.040(F)(1)\(c) of the MCL is

amended by deleting this section in its entirety and

substituting the following in lieu therefore:

e. At the hearing, the applicant may present

evidence as to why his/her license should not be

denied. If the applicant fails to appear at the

hearing before the board he/she will have waived

the right to present evidence to the board. Fail-

ing to appear before the board will not preclude

the applicant’s mght to appeal any denial to the

circuit or chancery courts of Davidson County.

Section 30. Section 6.54.040(E)(1)(d) of the MCL is

amended by deleting the word “stating” and substituting

in lieu therefore the word “state” after the words “the

application at the hearing and in writing” and before the

words “the reasoning for the boards decision.” Further

Section 6.54.040(E)(1)(d) of the MCL is amended by

deleting the word “reasoning” and substituting in lieu

therefore the word “reasons” after the words “at the

hearing and in writing state the” and before the words “for

the board’s decision.”

Section 31. Section 6.54.050(A)(1) of the MCL is

amended by deleting the words “room or cubicle” after the

words “having available for customers, patrons or mem-

bers any booth” and before the words “for the private

viewing of any sexually oriented entertainment” and by

deleting the word “private” after the words “patrons or

members any booth, room or cubicle for the” and before the

words “viewing of any sexually oriented entertainment”

and by deleting the words “or sexually oriented live

exhibitions” after the words “sexually oriented films,

App. 130

sexually oriented movies, sexually oriented videos” and

before the words “shall submit a diagram under Section

6.54.040(A)(6)”.

Section 32. Section 6.54.050(A)(1)(a) of the MCL is

amended by deleting the words “room or cubicle” after the

words “Access. Each booth,” and before the words “shall be

totally accessible to and from aisles”.

Section 33. Section 6.54.050(A)(1)(b) of the MCL is

amended by deleting the words “room or cubicle” after the

words “Construction. Every booth” and before the words

“shall meet the following”

Section 34. Section 6.54.050(A)(1)(b)(i) of the MCL is

amended by deleting the words “room or cubicle” after the

words “Each booth,” and before the words “shall be sepa-

rated from” and by deleting the words “rooms and cubi-

cles” after the words “shall be separated from adjacent

booths,” and before the words “and any nonpublic areas by

a solid or opaque wall;”

Section 35. Section 6.54.050(A)(1)(b)(v) of the MCL is

amended by deleting the words “room or cubicle” after the

words “The lighting level of each booth” and before the

words “shall be a minimum of ten footcandles”.

Section 36. Section 6.54.050(A)(1)(c) of the MCL is

amended by deleting this section in its entirety and

substituting the following in lieu therefore:

c. Occupants. Only one individual shall occupy

a booth, at any time. No occupant of a booth shall

engage in any type copulation, masturbation or

the display of specified anatomical areas as de-

fined herein, cause any bodily discharge of urine,

App. 131

feces or semen while in the booth. No individual

shall damage or deface any portion of the booth.

Section 37. Section 6.54.050(A)(2) of the MCL is

amended by deleting the words “or sexually oriented live

exhibitions” at the end of that subsection.

Section 38. Section 6.54.050(B)(1)(b) of the MCL is

amended by deleting the reference to subsection

“6.54.040(A)(5)(j)” and substituting in lieu therefore

“6.54.040(A)(5)()”.

Section 39. 6.54.050(B)(1)\(c) of the MCL is amended

by deleting the words “have the ability in control or be”

and substituting in lieu therefore the word “are” after the

words “all persons having a financial interest in the

business and who” and before the words “involved in the

day-to-day operation of the business”.

Section 40. 6.54.050(B)(2) of the MCL is amended by

deleting the words “or any crime involving moral turpi-

tude” after the words “convicted of a crime of a sexual

nature, as defined in 6.54.010,” and before the words “in

any jurisdiction shall be eligible to receive a license.

Section 41. 6.54.050(B)(2)(c) of the MCL is amended

by deleting this subsection in ist entirety and substituting

the following in lieu therefore:

The time is computed from the date of the convic-

tion by the trial court to the date of the applica-

tion. The fact that a conviction is being appealed

shall have no effect on the disqualification of the

applicant until the trial court’s conviction is re-

versed.

—

Section 42. 6.54.050(B)(3) of the MCL is amended by

adding the words “False or misleading information does

App. 132

not include information which the applicant reasonably

believed, after exercising due diligence, was correct at the

time of the application..” at the end of that subsection.

Section 43. 6.54.050(B)(3)(a) of the MCL is amended

by deleting the words “or any crime involving moral

turpitude” at the end of that subsection paragraph.

Section 44. 6.54.050(B)(3)(b) and 6.54.050(B)(3)(d) of

the MCL is amended by deleting who word “longer” and

substituting in lieu therefore the word “later” The

amendment is to the last word in both subsections.

Section 45. 6.54.050(B)(3)(e) of the MCL is amended

by deleting the words “or any crime involving moral

turpitude” after the words “crime of a sexual nature, as

defined in 6.54.010.” and before the words “then the

applicant shall not be eligible to receive a license” and by

deleting the word “longer” at the end of this subsection

and substituting in lieu therefore the word “later”.

Section 46. 6.54.050(B)(3)(c) of the MCL is amended

by adding the words “Chapter 17.36.260 of” after the

words “If the misleading statements or omissions referred

to violation of” and before the words “the zoning code” and

by deleting the word “longer” at the end of this subsection

and substituting in lieu therefore the word “later”.

Section 47. 6.54.050(B)(4) of the MCL is amended by

adding a new subsection 4 and renumbering the subse-

quent subsections accordingly. New subsection “4” shall

read,

4. The applicant shall not have had a sexually

oriented business permit/license or similar busi-

ness permit/license revoked within the last year

immediately preceding the application.

=

App. 133

Section 438. Renumbered Section 6.54.050(B)(5) of

the MCL is amended by deleting that subsection in its

entirety and substituting in lieu therefore:

5. No applicant shall have been found to have

previously violated Chapter 17.36.260 of the met-

ropolitan zoning code applicable to sexually on-

ented/adult entertainment businesses, as evidenced

by the judgement of a court within one year imme-

diately preceding the date of the application. If such

violations exist, the applicant shall be ineligible for

a license for one year from the date the citation

was sustained. The fact that a trial court’s

judgement is being appealed shall have no effect

an the disqualification of the applicant until the

trial court’s judgement is reversed.

Section 49. 6.54.050(B)(5) of the MCL is amended by

renumbering this subsection as “6” and by deleting the

words “cubicles or stalls” after the words “if the applicant

plans to have or has booths,” and before the words “for the

purpose of viewing sexually oriented motion pictures,” and

_by deleting the words “or-sexually oriented live entertain-

ment” after the words “sexually oriented movies, sexually

oriented films, sexually oriented videos” and before the

words “then the booths,” and by deleting the words “cubi-

cles or stalls” after the words “then the booths” and before

the words “must comply with the requirements set out in

6.54.050(A).” .

Section 50. 6.54.060(B) of the MCL is amended by

deleting each date of “April 15, 1998” and substituting in

lieu therefore the date “March 15, 1999”

App. 134

Section 51. Section 6.54.070(A)(2) of the MCL is

amended by deleting it in its entirety and the following

substituted in lieu therefore:

Application forms shall be available at the office

of the board. Applicants may obtain their impli-

cation from the codes department. Applicants

must also submit with each application two 2X2

photos.

a. Background check. All background checks

shall be completed by the metropolitan police

department. The police department my be no-

tified of a need for a background check in

two ways. The applicant brings her applica-

tion, including a one of the two photos to the

police department and has her fingerprints

taken at the police department. The police

then begin the background check and once

completed, send the background check, ap-

plication, fingerprint card, and photo to the

office of the board. In the alternative, the

applicant can obtain fingerprints as de-

scribed below, turn into the board a com-

plete application including, fingerprints and

two photos and the board shall send the

complete application to the police depart-

ment requesting a background check. The

police will return the complete application

with the completed background check to the

office of the board.

b. Fingerprints. The applicant may have

his/her fingerprints completed by the police

department or other qualified person.

c. Fees. If the applicant brings her applica-

tion to the police department, the police de-

partment shall not charge the applicant any

App. 135

additional fee for fingerprinting or a back-

ground check. If the applicant has the fin-

gerprinting performed without informing

the police department than it is for his/her

application for a sexually oriented enter-

tainer permit, then the applicant may retain

the receipts for the fingerprinting and give

then to the codes department when the ap-

plicant files his/her application. The codes

department shall subtract the expenses for

the fingerprints from the $100.00 permit fee,

and the applicant shall pay the difference.

This same procedure applies if the applicant

has his/her fingerprints taken by a qualified

person other than the metropolitan police

department. Photos can be taken by the co-

des department at no additional fee or the

applicant may have his/her photo taken

elsewhere.

Section 52. Section 6.54.070(A)(4)(b) of the MCL is

amended by deleting that subsection in its entirety and

substituting the following in lieu therefore: “Proof of the

applicant’s date of birth demonstrating that the applicant

is at least eighteen years of age;”

Section 53. Section 6.54.070(A)(4)(c) of the MCL is

amended by adding the words “regarding crimes of a

sexual nature” inside the parentheses at the end of that

subsection.

Section 54. Section 6.54.070(A)(4)(d) of the MCL is

amended by adding the words “regarding crimes of a

sexual nature” inside the parentheses at the end of that

subsection.

Section 55. Section 6.54.070(A)(4)(c) of the MCL is

amended by deleting the word “operated” and substituting

App. 136

in lieu therefore the word “entertained” after the words

“Whether the applicant previously” and before the words

“in this or any other county, city or state under a sexually

oriented business license/permit” and by adding the words

“within the last two years” after the words “under a

sexually oriented business license/permit or similar

business license/permit” and before the words “For whom

the applicant was employed or associated at the time.”

And by deleting the word “ever” after the words “Whether

the applicant has” and before the words “had such a

license/permit revoked as suspended,” and by adding the

words “within the last two years and” after the words “had

such a license/permit revoked or suspended,” and before

the words “the reason therefor and the business entity or

trade name”.

Section 56. Section 6.54.070(A)(4\(f) of the MCL is

amended by deleting that subsection in its entirety and

substituting the following in lieu therefore:

All convictions for crimes of a sexual nature, as

defined in Section 6.54.010, punishable as a mis-

demeanor violation that has occurred within the

past two years. All convictions for crimes of a

sexual nature, as defined in Section 6.54.010,

punishable as a felony that has occurred within

the past five years.

Section 57. Section 6.54.070(A)(4)(g) of the MCL is

amended by adding the words “regarding crimes of a

sexual nature” inside the parentheses at the end of that

subsection and before the semicolon and the word “and”.

Section 58. Section 6.54.070(B) of the MCL is

amended by deleting that subsection in its entirety and

substituting the following in lieu therefore:

App. 137

Investigation. The police department shall inves-

tigate the applicant’s criminal history by collect-

ing the applicant’s fingerprints and 2X2 photo

either by performing these functions or by re-

viewing these items which were provided by the

applicant and by performing a background inves-

tigation for crimes of a sexual nature. The results

of the investigation shall be filed in writing with

the board no later than twenty days after the

date the application was filed with the board.

Any investigation information not filed with the

board in the time period specified shall not pre-

vent the applicant from receiving his/her permit

and shall be treated by the board as if the report

revealed no applicable criminal history. Subject

to 6.54.150.

Section 59. Section 6.54.070(C)(1) of the MCL is

amended by deleting this section in its entirety and

substituting the following in lieu therefore and renumber-

ing the following paragraphs sequentially.

1. Within fifteen days of receiving the results of

the investigation conducted by the police de-

partment the board will meet and determine if

the applicant has not been convicted of a crime of

a sexual nature, as defined in 6.54.010, has not

had a similar type of permit/license revoked in

the last two years is at least eighteen years of

age, and has not given may false or misleading

information on the application or omitted any

material facts from the application then the

board shall grant the permit. False or misleading

information does not mean any information

which the applicant had reason to believe was

correct.

App. 138

\

2. Ifthe board fails to meet within the time pe-

riod specified, or fails to have a quorum at the

meeting, then the permit shall be deemed ap-

proved and sent to the applicant by United

States Mail to the address listed on the applica-

tion.

Section 60. Section 6.54.070(C)(4) of the MCL is

amended by adding the words “False or misleading infor-

mation does not mean any information which the appli-

cant had reason to believe was correct,” at the end of the

paragraph.

Section 61. Section 6.54.070(C)(5) of the MCL is

amended by adding the words “the revocation of” after the

words “b) verification of out-of-state employment relating

to a sexually oriented business or” and before the words “a

sexually oriented business license/permit or similar

business”

Section 62. Section 6.54.070(C)(7) of the MCL is

amended by deleting the word “any” after the words “or

his/her refusal or failure to appear at” and before the

words “reasonable time and place for examination under

oath”.

Section 63. Section 6.54.070(D)\(3) of the MCL is

amended by adding the letter “B” between “6.54.150” and

the number “10”.

Section 64. Section 6.54.070(D)(4) of the MCL is

amended by deleting the letter “A” at the end of the

paragraph and substituting in lieu therefore the letter “B”.

Section 65. Section 6.54.080(A)(2) of the MCL is

amended by deleting the words “or any crime involving

moral turpitude” after the words “No applicant convicted

App. 139

of a crime of a sexual nature, as defined in 6.54.010,” and

before the words “in any jurisdiction shall be eligible to

receive”

Section 66. Section 6.54.080(A)(2)(b) of the MCL is

amended by deleting the words “or plea” after the words

“If the conviction” and before the words “was for a felony

violation”

Section 67. Section 6.54.080(A\(3) of the MCL is

amended by adding the words “False or misleading infor-

mation does not mean any information which the appli-

cant had reason to believe was correct” at the end of the

paragraph.

Section 68. Section 6.54.080(/A\(3)(a) of the MCL is

amended by deleting the words “or any crime involving

moral turpitude” at the end of the paragraph.

Section 69. Section 6.54.080(A)(3\(c) of the MCL is

amended by deleting the words “or any crime involving

moral turpitude” after the words “If the misleading state-

ments or omissions referred to a crime of a sexual nature,

as defined in 6.54.010” and before the words “then the

applicant shall not be eligible to receive a permit”

Section 70. Section 6.54.080 is amended by adding a

subsection “4” which shall read as follows:

4. The applicant shall not have had a sexu-

ally oriented business permit/license or similar

business permit revoked within the last year

immediately preceding the application.

Section 67. Section 6.54.090(C) is amended by delet-

ing the words “turned into the board” and substituting in

App. 140

lieu therefore the words “returned to the board and cease

to be valid.” at the end of that subsection.

Section 71. Section 6.54.100 of the MCL is amended

by deleting the section in its entirety and substituting the

following in lieu therefore:

B. The permit shall be carried by or be accessi-

ble to the entertainer during that entertainer’s

working hours and shall be displayed upon re-

quest of any member of the police department,

health inspector, or board jaspector.

Section 72. Section 6.54.110(F) of the MCL is

amended by adding the following to the end of the para-

graph:

The renewal must also include an updated back-

ground check by the police department and an

updated 2X2 photo. The renewal does not require

resubmission of fingerprints submitted with the

initial application. However, if new or additional

persons are involved in the day to day operation

of the licensed business those persons must sub-

mit fingerprints as described above.

Section 73. Section 6.54.110(K) of the MCL is

amended by deleting this subsection in its entirety and

substituting the following in lieu therefore:

K. The application for a renewal is subject to the same

rules and limitations as the initial application.

Section 74. Section 6.54.120(B) of the MCL is

amended by deleting the word “fire” and substituting in

lieu therefore the words “board inspector” after the words

“the following departments: police, codes,” and before the

words “and health” at the end of the paragraph.

App. 141

Section 75. Section 6.54.130(A) of the MCL is

amended by deleting the word “or” after the words “opera-

tor’s license shall be revoked, suspended” and before the

word “renewed” and by adding the words “or penalty

assessed” after the word “renewed” and before the words

“subject to the limit described in Section 6.54.150(C)” and

by deleting the word “limit” and substituting in lieu

therefore the word “limits” after the words “subject to the”

and before the words “described in Section 6.54 150(C)” at

the end of that subsection and by deleting the code section

“6 54 130(C)” and substituting in lieu therefore “6.54.120(E)”

Section 76. Section 6.54.130(B) of the MCL is amended

by deleting the subsection in its entirety and re-lettering the

subsections accordingly.

Section 77. Section 6.54.130(C) of the MCL is

amended by adding the words “on the premises of a

licensed business,” at the end of the paragraph.

Section 78. Section 6.54.130(D) of the MCL is

amended by deleting the words “cubicles, rooms or stalls”

after the words “the entire interior portion of the booths”

and before the words “wherein sexually oriented enter-

tainment is provided, shall be visible” and by deleting the

words “cubicles, rooms or stalls” after the words “Further,

any wall forming any portion of the booths,” and before the

words “shall be solid and without any openings, extended

from the floor to a height of not less than six feet.”

Section 79. Section 6.54.130(E) of the MCL is

amended by combining 6.54.130(E) and 6.54.130(F) and

renumbering the remaining sections accordingly.

App. 142

E. It is unlawful to install enclosed booths for

the purpose of viewing of sexually oriented mo-

tion pictures, sexually oriented movies, sexually

oriented films, sexually oriented videos. The li-

censee shall be responsible for and shall provide

that any booth used for the purpose of viewing

sexually oriented motion pictures, sexually ori-

ented movies, sexually oriented films or sexually

oriented videos shall be readily accessible at all

times and shall be continuously open to view in

its entirety.

Section 80. Section 6.54.130(G) of the MCL is

amended by amending the wording for the required

signage by deleting the words “entertainer or” appearing

after the words “which provides that” and before the words

“Customer shall be permitted.

Section 81. Section 6.54.130(H) of the MCL is

amended by deleting the section in its entirety and substi-

tuting the following in lieu therefore:

It shall be the duty of the operator, to ensure

that the line of sight and view area between the

common area and any booths remain unob-

structed by any doors, walls, merchandise, dis-

play racks or other materials at any time that

any patron is permitted access to any booth. En-

tertainers and employees, on the premises for

furthering the business, not including independ-

ent contractors on the premises for repairs or

construction, shall not place any obstructions in

front of any booths at any time any patron is

permitted access to any booth.

Section 82. Section 6.54.130(1) of the MCL is

amended by deleting the words “stalls or cubicles” after

the words “to ensure that the illumination in booths” and

App. 143

before the words “described in Section 6.54.050(A)(1)(b)(iv)

is maintained at all times” and by deleting the code section

“6.54.050(A)(1)(b)iv)” and substituting in lieu therefore

“6.54.050(A)( 1) bv)”.

Section 83. Section 6.54.130(J) of the MCL is

amended by deleting the section in its entirety and substi-

tuting the following in lieu therefore:

No operator, shall allow openings of any kind to

exist between booths, and no person, including

entertainers and employees shall make or at-

tempt to make an opening of any kind between

any booths.

Section 8&4. Section 6.54.130(K) of the MCL is

amended by deleting the section in its entirety and substi-

tuting the following in lieu therefore:

The operator or his/her designee shall, during

each business day, regularly inspect the walls be-

tween the booths, to determine if any openings or

holes exist. If such openings exist it is the duty of

the operators to repair the damage as soon as

possible. No patron shall be permitted access to a

booth, where an opening or a hole exists. It shall

be the duty of the operator to ensure those booths

are unoccupied by patrons until the opening is

repaired or covered.

Section. 85. Section 6.54.140(A) of the MCL is

amended by adding the words “on the premises for fur-

thering the business, not including independent contrac-

tors on the premises for repairs or construction,” after the

words “No operator, entertainer or employee” and before

the words “of a sexually oriented business shall permit to

be performed,’.

App. 144

Section 86. Section 6.54.140(B) of the MCL is

amended by adding the words “on the premises for fur-

thering the business, not including independent contrac-

tors on the premises for repairs or construction,” after the

words “No operator, entertainer or employee” and before

the words “shall encourage or permit any person upon the

premises to touch”.

Section 87. Section 6.54.140(C) of the MCL is

amended by deleting the section in its entirety and substi-

tuting the following in lieu therefore:

No customer shall be permitted to have any

physical contact with any entertainer on the li-

censed premises while the entertainer is engaged

in a performance of live sexually oriented enter-

tainment. All performances of live sexually ori-

ented entertainment shall only occur upon a

stage at least eighteen inches above the immedi-

ate floor level and removed at least three feet

from the nearest customer.

Section 88. Section 6.54.150 of the MCL is amended

by deleting the section in its entirety and substituting the

following in lieu therefore.

6.54.150 Revocation or suspension of license/permit.

A. The board shall revoke a license for any of

the following reasons:

1. Discovery that false or misleading in-

formation or data was given on an applica-

tion, or material facts were omitted from an

application. False or misleading information

does not mean any information which the

applicant reasonably believed was correct;

App. 145

2. The licensee was or has become ineligible

to obtain a license under Section 6.54.050(B);

3. Any cost or fee required to be paid by

this chapter is not paid;

4. The licensee knowingly employs, or with

due diligence, should have known that licen-

see was employing, an entertainer who does

not have a permit. The licensee knowingly

provides, or with the exercise of due dili-

gence should have known that he/she was

providing, space on the premises whether by

lease or otherwise to an independent con-

tractor who performs or works as an enter-

tainer without a permit;

5. The licensee sells, furnishes, gives, dis-

plays, or causes to be sold, furnished, given

or displayed to any minor any sexually ori-

ented entertainment or sexually oriented

material on the licensed premises. The li-

censee knowingly allows, or thorough the

exercise of due diligence should have been

able to prevent, the licensee’s employee, who

is on the premises furthering the business of

the licensee, from selling, furnishing, giving,

displaying, or causing to be sold, furnished,

given or displayed to any minor any sexually

oriented entertainment or sexually oriented

material on the licensed premises.

The licensee knowingly allows, or thorough

the exercise of due diligence should have

beer able to prevent, an entertainer to sell,

furnish, give, display, or cause to be sold,

furnished, given or displayed to any minor

any sexually oriented entertainment or

App. 146

sexually oriented material on the licensed

premises;

6. The licensee knowingly denies, or

thorough the exercise of due diligence

should have know that he/she was denying,

access to law enforcement personnel during

business hours to any portion of the licensed

premises wherein sexually oriented enter-

tainment is permitted or to any portion of

the licensed premises wherein sexually ori-

ented material is displayed or sold.

The licensee knowingly allows, or thorough

the exercise of due diligence should have

been able to prevent, his/her employee, who

is on the premises furthering the business of

the licensee, to deny access to law enforce-

ment personnel during business hours to

.any portion of the licensed premises wherein

sexually oriented entertainment is permit-

ted or to any portion of the licensed prem-

ises wherein sexually oriented material is

displayed or sold.

The licensee knowingly allows, or thorough

the exercise of due diligence should have

been able to prevent an entertainer to deny

access to law enforcement personnel during

business hours to any portion of the licensed

premises wherein sexually oriented enter-

tainment is permitted or to any portion of

the licensed premises wherein sexually ori-

ented material is displayed or sold;

7. The attempted transfer of a license or

any interest in a license;

App. 147

8. Ifan application for a license or a renewal

of a license was denied and that admnnistra-

tive denial was appealed and upheld by a

court after adjudication on the merits then

that license shall be revoked on the effective

date of the court’s judgement.

9. The licensee fails to maintain the li-

censed premises in a sanitary and safe con-

dition by allowing continuing violations of

Chapter 6.54.

A continuing violation shall mean more than

two judgements from the board, unless the

decision of the board is appealed and over-

turned, that the licensee violated Chapter

6.54 within a 24 month period, not including

any period of suspension. The fact that a the

board’s judgment is being appealed shall

have no affect on the determination that the

violation has been continuing until such

time as the judgment of the board is re-

versed. .

The licensee may affirmatively prove as a

defense to an alleged violation of Chapter

6.54 that the licensee did not know, or

through the exercise of due diligence could

not have known that his/her employees’ acts

or an entertainer’s acts would violate Chap-

ter 6.54. If the licensee knew or should have

known that his/her employees’ acts or an en-

tertainer’s acts were violating any subsec-

tion of Chapter 6.54, the licensee may still

affirmatively prove as a defense to the viola-

tion that the licensee was powerless to pre-

vent the continuing unsafe or unsanitary

condition.

App. 148

10. Continuous violations of TCA § 57-4-

204 or Metropolitan Code § 7.24.030.

Continuous violations shall mean that the

licensee had more than two judgements en-

tered against him/her for violating TCA

§ 57-4-204 or Metropolitan Code § 7.24.030

within a twenty-four month period, not in-

cluding periods of suspension. The fact that

the trial court’s judgement is being appealed

shall have no effect on the revocation until

such time as the judgement of the trial court

is reversed

B. The board shall either fine, suspend or fine

and suspend a license for any of the following

reasons, that are not sufficient grounds for revo-

cation:

1. The licensee fails to maintain the li-

censed premises in a sanitary or safe condi-

tion by allowing a violation of Chapter 6.54,

T.C.A. Section 57-4-204 or Metropolitan

Code Section 7.24.030.

The licensee may affirmatively prove as a

defense to an alleged violation of Chapter

6.54, T.C.A. Section 57-4-204 or Metropoli-

tan Code Section 7.24.030 that he/she did

not know, or through the exercise of due

diligence could not have known of his/her

employee’s acts or omissions or an enter-

tainer’s act or omissions. If the licensee

knew or should have known that his/her

employee or an entertainer was violating

any such subsection of Chapter 6.54, T.C.A.

Section 57-4-204 or Metropolitan Code Sec-

tion 7.24.030, the licensee may still affirma-

tively prove on a defense to the alleged

App. 149

violation that he/she was powerless to pre-

vent the unsafe or unsanitary condition.

2. Upon the first violation of Chapter 6.54.

T.C.A. Section 57-4-204 or Metropolitan

Code Section 7.24.030 within a 24 month

period, not including periods of suspensions,

the license shall either be fined $500 or

his/her licensee shall be suspended for a pe-

riod no less than five (5) days and no longer

than thirty (30) days or the licensee shall be

both fined $500 and his or her license sus-

pended for a period of not less than five (5)

days and no longer than thirty (30) days.

3. Upon the second violation of Chapter

6.54, T.C.A. Section 57-4-204 or Metropoli-

tan Code Section 7.24.030 within a 24

month period, not including periods of sus-

pensions, the license shall be suspended no

less than thirty-one (31) days and no longer

than ninety (90) days. .

A second violation of Chapter 6.54, shall

mean a prior judgement from the board,

unless the decision of the board is appealed

and overturned, that the licensee violated

Chapter 6.54 within a 24 month period not

including any period of suspension. The fact

that a the board’s judgment is being ap-

pealed shall have no affect on the determi-

nation that the violation occurred previously

until such time as the judgment of the board

is reversed.

A second violation of T.C.A. Section 57-4-204

or Metropolitan Code Section 7.24.030 shall

mean a judgment from a trial court that the

license violated T.C.A. Section 57-4-204 or

App. 150

Metropolitan Code Section 7.24.030. The

fact that a trial court’s judgment is being

appealed shall have no affect on the suspen-

sion and the judgment shall be treated as a

violation until such time as the judgment of

the trial court is reversed.

C. The board shall revoke a permit for any of

the following reasons:

- 1. Discovery that false or misleading in-

formation or data was given on any applica-

tion, or material facts were omitted from

any application. False or misleading infor-

mation does not mean any information

which the applicant reasonably believed was

correct;

2. The permittee has become ineligible to

obtain a permit under 6.54.080(A);

3. Any cost or fee required to be paid by

this chapter is not paid;

4. The permittee provides sexually ori-

ented entertainment on the premises of an

operator who he/she knows, or with the ex-

ercise of due diligence should have known,

does not have a license;

5. The permittee knowingly, or with the

exercise of due diligence should have known

that he/she, sells, furnishes, gives, displays,

or causes to be sold, furnished, given or dis-

played to any minor any sexually oriented

entertainment or sexually oriented material

on the premises;

6. The permittee knowingly denies, or

through the exercise of due diligence should

have known that he/she was denying, access

ED

D.

App. 151

to law enforcement personnel during busi-

ness hours to any portion of the licensed

premises wherein sexually oriented enter-

tainment is permitted or to any portion of

the licensed premises wherein sexually ori-

ented material is displayed or sold;

7. The permittee attempted to transfer

his/her permit or any interest in his/her

permit to someone else;

8. The application for a permit or the ap-

plication for the renewal of a permit was de-

nied and that administrative denial was

appealed and upheld by a court after adjudi-

cation on the merits;

9. The permittee repeatedly fails to comply

with the provisions of Chapter 6.54. Repeat-

edly fails to comply shall mean that the

permittee has been found by the board to

have violated Chapter 6.54 more than twice

within a period of twenty-four (24) months,

not including any period of suspension. The

fact that the board’s judgment is being ap-

. pealed shall have no affect on the determi-

nation that the permittee has repeatedly

failed to comply until such time as the

judgment of the board is reversed.

The board shall suspend a permit for any of

the following reasons that are not grounds for

revocation:

1. The permittee violates Chapter 6.54,

T.C.A. Section 57-4-204 or Metropolitan

Code Section 7.24.030.

2. Upon the first violation of Chapter 6.54,

T.C.4. Section 57-4-204 or Metropolitan

App. 152

Code Section 7.24.030 within a twenty-four

(24) month period, not including periods of

suspensions, the permittee shall either be

fined $500 or his or her permittee shall be

suspended for a period no less than five (5)

days and no longer than thirty (30) days or

the permittee shall be both fined $500 and

his or her permit suspended for a period of

no less than five (5) days and no longer than

thirty (30) days.

Upon the second violation of Chapter 6.54,

T.C.A. Section 57-4-204 or Metropolitan

Code Section 7.24.030 within a 24 month

period, not including periods of suspensions,

the permit shall be suspended no less than

thirty-one (31) days and no longer than

ninety (90) days.

E. The board shall follow the following proce-

dure for revoking or suspending a license or a

permit.

1. Before revoking or suspending any li-

cense or permit the board shall give the op-

erator or entertainer five days’ written notice

of the alleged violation(s) against him/her. In

such cases the charges shall be specific and in

writing except under 6.54.150(A)(7), (8) and

6.54.150(C)(7), (8) of this section. j

2. The board shall hear all the evidence per-

taining to the revocation or suspension at the

next regular meeting. The next meeting shall

be held no later than fifteen days after the

notice described above is mailed. The licensee/

permittee may present evidence bearing

upon the question of suspension/revocation.

App. 153

3. If the licensee/permittee fails to appear

at the hearing before the board he/she wil]

have waived the right to present evidence to

the board on the citation. This has no effect,

whatsoever, on the licensee’s/permittee’s right

to appeal any revocation to the chancery

court of Davidson County.

4. If the licensee/permittee requests a

hearing, the license/permit shall remain in

effect and valid during the appeal to the

board until such time as the hearing is held.

5. Any adverse administrative decision to

suspend or revoke a license/permit that is

appealed to the circuit or chancery courts of

Davidson County shall not take effect until

that administrative decision has been up-

held by the court after adjudication on the

merits. Adverse decisions of the board which

are not appealed shall not take effect for

sixty (60) days from the date of the decision

to allow the affected party time to seek judi-

cial review. .

6. The revocation/suspension of a li-

cense/permit may be appealed to the circuit

or chancery courts of Davidson County by

the licensee/permitee. The metropolitan de-

partment of law may initiate proceedings for

a declaratory judgment in the circuit or

chancery court for Davidson County. If the

permittee/licensee chooses to appeal by fil-

ing a petition for a writ of certioran, then

the metropolitan government shall file the

record of all proceedings with the court

within seven days from the grant of the writ

of certiorari.

App. 154

F. Any operator or entertainer whose license

or permit is revoked shall not be eligible to re-

ceive a license or permit for one year from the

date of revocation. (Amdt. 7 (part) with Ord.

97-796 § 2 (part), 1997)

Section 89. Section 6.54.160(2) of the MCL is amended

by deleting the reference to § 6.54.150(B)” and substituting

in lieu therefore “6.54.150(B) or(D)”. -

Section 90. Section 6.54.160(3) of the MCL is amended

by deleting the reference to “6.54.150(A)” and substituting in

lieu therefore “6.54.150(A) or (C)”

Section 91. This Ordinance shall take effect from

and after its passage, the welfare of The Metropolitan

Government of Nashville and Davidson County requiring

it.

APPROVED AS TO FORM INTRODUCED BY:

AND LEGALITY:

/s/ Shayna Abrams /s/ Chris Ferrell

Metropolitan Attorney

Members of Council

Amendment No. 1

to

Substitute Ordinance 99-1503

Mr. President,

I move to amend Substitute Ordinance 99-1503 as

follows:

Section 1. Amend Section 2 of SO99-1503 amending

section 6.54.010 of the Metropolitan Code of Nashville and

App. 155

Davidson County (“MCL”) by deleting Section 2 in its

entirety and substituting the following therefore:

Section 2. Section 6.54.010(C) “Crimes of a sex-

ual nature” of the MCL is amended by adding the

words “public indecency” after the words “means

the crimes of rape, aggravated rape, aggravated

sexual assault,” and before the words “statutory

rape, rape of a child, sexual exploitation of a mi-

nor, indecent exposure,”. Further 6.54.010(H) is

amended by deleting the reference to “39-15-511”

and substituting in lieu therefore the reference

“39-13-511”. Further 6.54.010(S) is amended by

adding a new subsection “S” and renumbering

the remaining subsections. The new subsection

“S” shall read:

S. “Public Indecency” means as defined in

the Tennessee Code Annotated Section 39-

13-511.

Further 6.54.010(W) of the MCL is amended by

deleting the definition of “Sexually oriented” in

its entirety and substituting the following in lieu

therefore:

W. “Sexually oriented” means any exhibi-

tion of any motion pictures, films, or videos

depicting “specified sexual activities” or

“specified anatomical areas” or any live per-

formance, display or dance of any type, re-

moval of articles of clothing or appearing

unclothed, pantomime, modeling, or any

other personal service offered customers a

significant or substantial portion of which

depicts any actual or simulated performance

of “specified sexual activities” or exhibition

and viewing of “specified anatomical areas.”

App. 156

Section 2. Amend Section 12 of SO99-1503 amending

Section 6.54.040(A)(5)(e) of the MCL by deleting Section

12 in its entirety and substituting the following therefore:

Section 12. Section 6.54.040(A)(5)(e) of the MCL

is amended by deleting it in its entirety and sub-

stituting the following in lieu therefore:

f. All convictions for crimes of a sexual nature,

as defined in Section 6.54.010, punishable as a

misdemeanor violation that have occurred within

the past two years. All convictions for crimes of a

sexual nature, as defined in Section 6.54.010,

punishable as a felony that have occurred within

the past five years.

Section 3. Amend Section 23 of SO99-1503 amending

section 6.54.040(C)(7) of the MCL by deleting Section 23 in

its entirety and substituting the following therefore:

Section 23. The first sentence of 6.54.040(C)(7)

shall be amended by renumbering the subsection as

subsection “9” and by deleting the first sentence in its

entirety and substituting the following in lieu there- _

fore:

9. Within fifteen days of receiving the re-

sults of the investigation conducted by the

police department, and inspection reports

from the codes department, and health de-

partment, if the board shall determine that

the applicant is not in compliance with this

code section, the zoning code or the applica-

ble health statutes, ordinances and regula-

tions, the applicant shall be notified in

writing, the next business day, that the li-

cense is denied for failing to comply with

applicable statutes, ordinances and regula-

tions.

App. 157

Section 4. Amend Section 57 of SO99-1503 amending

section 6.54.070(A)(4\g) of the MCL by adding the following

language to Section 57: “Further Section 6.54.070(A)(4\g) is

amended by deleting the word ‘portrait’ after the words

‘Fingerprints and two’ and before the words ‘photographs

at least two inches by two inches’ in the first sentence.”

Section 5. Amend Section 59 of SO99-1503 by delet-

ing Section 59 in its entirety and substituting the follow-

ing:

Section 59. Section 6.54.070(C)(1) of the MCL is

amended by deleting this section in its entirety and

substituting the following in lieu therefore and re-

numbering the following paragraphs sequentially.

1. Within fifteen days of receiving the re-

sults of the investigation conducted by the

police department the board will meet and

determine if the applicant has not been con-

victed of a crime of a sexual nature, as de-

fined in 6.54.010, has not had a similar type

of permit/license revoked in the last two

years is at least eighteen years of age, and

has not given any false or misleading infor-

mation on the application or omitted any

material facts from the application then the

board shall grant the permit. False or mis-

leading information does not include infor-

mation which the applicant reasonably

believed, after exercising due diligence, was

correct at the time of the application.

2. Ifthe board fails to meet within the time

period specified, or fails to have a quorum at

the meeting, then the permit shall be

deemed approved and sent to the applicant

App. 158

by United States Mail to the address listed

on the application.

Section 6. Amend Section 61 of SO99-1503 amending

6.54.070(C (5) of the MCL by adding the following to the

end of section 61:

Further 6.54.070(C)(5) is amended by deleting

the last sentence of that paragraph and substi-

tuting in lieu thereof the following sentence:

False or misleading information does not in-

clude information which the applicant reason-

able believed, after exercising due diligence,

was correct at the time of the application.

Section 7. Section 63 of SO99-1503 amending 6.54.070(D)

of the MCL is amended by adding this sentence at the end of

section 63:

Section 6.54.070(D)(1\c) of the MCL is amended

by deleting the last sentence of the paragraph

and substituting in lieu thereof the following sen-

tence:

Failing to appear before the board will not

preclude the applicant’s right to appeal any

denial to the circuit or chancery courts of

Davidson County.

Section 8. Section 68 of SO99-1503 amending

6.54.080(/A)(3)(a) is amended by adding the following

sentences at the end of Section 68:

Section 6.54.080(A)(3)a) of the MCL is further

amended by deleting the last sentence of the

paragraph and substituting in lieu thereof the

following sentence:

App. 159

False or misleading information does not in-

clude information which the applicant rea-

sonably believed, after exercising due

diligence, was correct at the time of the ap-

plication.

Section 68 of SO99-1503 is further amended by adding .

the following sentence:

Section 6.54.080(A)(3)(b) and (c) of the MCL

is amended by deleting the word “longer” at

the end of the both paragraphs and substi-

tuting in lieu therefore the word “later”.

Section 9. Section 73 of SO99-1503 amending Sec-

tion 6.54.110 is amended by adding the following as the

first sentence of Section 73:

Section 6.54.110(L)(3) of the MCL is amended by

deleting the last sentence of the paragraph in its

entirety and substituting in lieu thereof the fol-

lowing sentence:

Failing to appear before the board will not

preclude the applicant’s right to appeal any

denial to the circuit or chancery courts of

Davidson County.

Section 10. Section 78 of SO99-1503 amending

Section 6.54.130(D) is amended by adding the following as

the first sentence of Section 78:

Section 6.54.130(D) of the MCL is amended by

deleting the first sentence of the paragraph in its

entirety and substituting in lieu thereof the fol-

lowing sentence:

Every sexually oriented business shall be

physically arranged in such a manner that

the entire interior portion of any booths,

App. 160

wherein sexually oriented motion pictures,

sexually oriented movies, sexually oriented

films 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.

Section 11. Section 88 of SO99-1503 is amended by

deleting the amended language of Section 6.54.150(A)(1)

in its entirety and substituting the following Section

6.54.150(A)(1):

(A)(1). Discovery that false or misleading in-

formation or data was given on an application, or

material facts were omitted from an application.

False or misleading information does not include

information which the applicant reasonably be-

lieved, after exercising due diligence, was correct

at the time of the application;

Section 12. Section 88 of SO99-1503 is further

amended by deleting the amended language of Section

6.54.150(C)(1) in its entirety and substituting in lieu

thereof the following Section 6.54.150(C)(1):

(C)(1). Discovery that false or misleading in-

formation or data was given on any application,

or material facts were omitted from any applica-

tion. False or misleading information does not

include information which the applicant rea-

sonably believed, after exercising due diligence,

was correct at the time of the application

Section 13. Section 88 of SO99-1503 is further

amended by deleting the last sentence of the amended

App. 161

language in Section 6.54.150(E)(3) and substituting the

following in lieu thereof:

Failing to appear before the board will not pre-

clude the licensee’s/permittee’s right to appeal

any revocation/suspension to the chancery court

of Davidson County.

Section 14. SO99-1503 is further amended by adding

a new Section numbered “92” which shall read as follows:

Section 92. Section 6.54.020(F) of the MCL is

amended by adding the word “civil” after the

words “which inspectors shall not hold any” and

before the words “service status.”

INTRODUCED BY:

/s/ Chris Ferrell

Member of Council

- ADOPTED: February 16, 1999

App. 162

ORDINANCE NO. 099-1814

An ordinance to amend Title 6, Chapter 8.54 of the

Metropolitan Code of Laws concerning sexually

oriented businesses.

Now therefore, be it enacted by the Metropolitan Council

of Nashville and Davidson County as follows.

Section 1. Sections 6 54 010 is amended by adding a

definition for the term “Booth” which shall be incorporated

into the definitions in accordance with the definitions

alphabetical organization and re-lettering any subsequent

definitions accordingly

“Booth” means any booth, cubicle, stall, room or compart-

ment which is designed, constructed or used to hold or seat

patrons/customers and is designed such that the booth is

separated from the common area or the premises and is

used for presenting sexually oriented entertainment

including, but not limited to viewing sexually oriented

moving pictures or viewing sexually oriented publications

by any photographic, electronic, magnetic, digital or other

means or medium (including, but not limited to, film video

or magnetic tape, laser disc, cd-rom, books, magazines or

periodicals) for observation by patrons therein “Booth”

shall not mean a room or enclosure that is designed,

constructed and regularly used to seat more than ten

persons

Section 2. Section 6.54 010(O) of the MCL is amended by

deleting the definition of “Operator” in its entirety and

substituting the following in lieu therefore.

“Operator” means any person, partnership, limited part-

nership, joint venture, corporation or any other type of

App. 163

business entity operating, conducting or maintaining a

sexually oriented business

Section 3. Section 6 54.010(X) of the MCL is amended by

amending the definition of “Sexually oriented” by insert-

ing a (1) after the word “means” and before the words “any

exhibition” and by inserting a (2) after the word “or” and

before the words “any live performance”

Section 4. Section 6.54.010(Y) of the MCL is amended by

amending the definition of “Sexually oriented business

establishment” by deleting the last sentence.

Section 5. Section 6.54.010(Y)(3) of the MCL is amended

by amending the definition of “Sexually oriented theatre”

by deleting the word “building” after the word “enclosed”

and before the word “regularly” and inserting in heu

thereof the words “area, not including a booth”.

Section 6 Section 6 54 020(C) of the MCL is amended by

adding the following sentence at the end of the paragraph.

“The vice-chair is authorized to act in the place of the

chair and in the same capacity as the chair when the chair

is unavailable”

Section 7. Section 6 54 020 (D)(2) of the MCL is amended

by deleting this subsection in its entirety and substituting

in lieu therefore the following “A quorum shall mean that

two members of the board are present at the meeting A

quorum is required for the purpose of transacting busi-

ness”

Section 8 Section 6 54 030(B) of the MCL is amended by

deleting this subsection in its entirety and substituting in

lieu therefore the following

App. 164

B Any person, partnership, limited partnership, joint

venture, corporation or any other type of business entity

which desires to operate more than one sexually oriented

business/establishment must have a license for each

sexually oriented business/establishment

Section 9 Section 6 54 040(A)(1) of the MCL is amended

by deleting the first sentence in its entirety and substitut-

ing in lieu therefore “Any person, partnership, joint

venture corporation or any other type of business entity

desiring to secure a license shall make application to the

board.”

Section 10. Section 6.54.040(A)(4) is amended by deleting

this subsection in its entirety and substituting the follow-

ing in lieu therefore

The following persons must be listed in the license appli-

cation for any sexually oriented business that is a corpo-

rate entity of any kind the registered agent and the name

and address of all officers and directors of the corporation

and any stockholder holding a majority controlling per-

centage of the stock of a corporate applicant and who will

be involved in the day-to-day operation and management

of the business The following person must be listed in the

license application for any sexually oriented business that

is a partnership, limited partnership, joint verdure, or any

other type of business the name and address of all persons

who will be involved in the day-to-day operation and

management of the business.

Section 11 Section 6 54 O040(A)(5)\(c) of the MCL is

amended by deleting this subsection in its entirety and

substituting in lieu therefore

App. 165

Whether the applicant previously operated in this or any

other county, city or state under a sexually oriented

business/adult entertainment license/permit Whether the

applicant has ever had such a license/permit revoked or

suspended within the last year from the date of applica-

tion the reason therefor, and the business entity or trade

name under which the applicant operated that was subject

to the suspension or revocation

Section 12 Section 6 54 040(A)(5)\(f) is amended by

deleting the subsection in its entirety and enacting a new

subsection (f) as follows

All Judgements by a court within one year for violations of

the metropolitan zoning Section 167 64 260

Section 13. Section 6 54.040(A)(5)(k) of the MCL is

amended by deleting the subsection in its entirety and

substituting the following in liev therefore

k A statement by the applicant that he/she is familiar with

the provisions of this chapter and a statement swearing

that information provided on the application is true and

accurate

Section 14. Section 6 54 040(A)(6) is amended by deleting

the subsection and adding a new subsection as follows

The applicant shall provide the board with his/her applica-

tion, a diagram, drawn to scale of the premises, including

the location and layout of all booths and stages and the

location of the clerk/manager’s stand or counter Though

the diagram shall be drawn to scale, it does not have to be

professionally prepared

App. 166

Section 15 Section 6.54.040(A) is amended by adding a

new subsection as follows

If any of the information on the application changes over

the course of the time the license is issued, including any

changes in the physical layout of the premises, the licen-

see shall inform the board, in writing, of the changee

Section 16. Section 6 54 040(B)(1) is amended by adding

the words and figures “6.54 050 (A)(3) and 6.54 130(C)”

after-the numbers “6 54 050(A)(1) and before the words “of

this chapter” in the first sentence Section 6 54.040(B)(1) of

the MCL is further amended by deleting the last sentence

of that paragraph and substituting in lieu therefore the

following:

Any inspection or investigation information not filed with

the board in the time period specified shall not prevent the

applicant from receiving the license and shall be treated

by the board as if the report revealed no violations of

applicable statutes ordinances, or regulations, no viola-

tions of the provisions of this chapter, no sexually oriented

business/adult entertainment zoning code violations

and/or no applicable criminal history

Section 17 Section 6.54.040(B)\(2) of the MCL is amended

by deleting the subsection in its entirety and enacting a

new subsection as follows.

The code department shall confirm that any booths or

stages conform with the submitted diagram and the

requirements set out in Sections 6.54.050(A) and 6 54 130

Section 18 Section 6.54 040(C)(1) is amended by deleting

the word “code section” before the words “and the applica-

ble health statutes” and after the words “applicant is in

App. 167

compliance with this” and substituting in lieu therefore

the word “chapter”.

Section 19 Section 6 54 040(C)(2) is amended by adding

the words “this chapter” after the words “If the board

determines that the applicant is in compliance with” and

before the words “the applicable health statutes, ordi-

nances and regulations,”

Section 20 Section 6 54 040(C)(3) of the MCL is amended

by deleting it 1n its entirety and substituting the following

in lieu therefore

3. If the board fails to meet within the specified time

period, fails to have a quorum, or fails to take action on

the application within the specified time period then the

license shall be deemed approved and sent to the applicant

by United States Mail to the address listed on the applica-

tion within two (2) days of the events described in this

paragraph.

Section 21 Section 6.54.040(C)(4) of the MCL is amended

by deleting the words and figures “Section 6 54 050(B)(2)”

before the words “such denial” and substituting the words

“the provision of this chapter

Section 22. Section 6.54 040(C)(5) of the MCL is amended

by deleting the word “until the judgement is reversed” in

the last sentence of the section and substituting the words

“unless the judgement is stayed”

Section 23 Section 6 54.040(C)(7) of the MCL is amended

by deleting the words “a diagram is required under sub-

section (A)(6) of this section and based or the code inspec-

tion” at the beginning of the first sentence and is further

amended by adding the word and numbers “or 6 54 130

before the words “or the submitted diagram”

App. 168

Section 24 Section 6.54.040(C)\(9) of the MCL is amended

by deleting the words “code section” and substituting in

lieu therefore the word “chapter” after the words “if the

board shall determine that the applicant is not in compli-

ance with this” and before the words “the zoning code or

the applicable health statutes, ordinances and regula-

tions”

Section 25. Section 6.54.040(C)(11) of the MCL is

amended by deleting the last sentence of the section

Section 26 Section 6 54 040(D)(1) of the MCL is amended

by deleting the words “under subsection (C)(5) or (C)(7) of

this section” after the word “denied” and before the words

“the applicant may reinstate”

Section 27 Section 6 54 040(D)(1)(a) of the MCL is

amended by deleting the words “described in subsection

(C)\(5) or (C\(7) of this section” after the word “denial” and

before the words “to cure the violation”

Section 28. Section 6.54.040(D)(1)\(e) of the MCL is

amended by deleting the following words at the end of the

subsection, “in accordance with subsection (C)(5) or (C)(7)

of this section” and by deleting the word “is” and substitut-

ing in lieu therefore the words “will be” after the words

“code violations have not been corrected, then the applica-

tion” and before the word “denied” at the end of that

subsection.

Section 29 Section 6 54 040(D)(2) of the MCL is amended

by deleting the following words at the end of the subsec-

tion, “in accordance with subsections (C)(5) (C7) or (D)(3)

of this section”

Section 30. Section 6.54.040(D)(2)(a) of the MCL is

amended by deleting the word “five” and substituting the

App. 169

word “fifteen” and by deleting the following words at the

end of the subsection,.“described in subsection (C)(5) or

(C)(7) of this section

Section 31 The last sentence of Section 6 54.040(D)(3) of

the MCL is amended by adding the word “initial” after the

words “an extension of time have passed, the” and before

the word “den:al” and by deleting the words “described in

subsections (C)(5) and (C)(7) of this section” after the word

“denial” and before the words “shall be treated as a denial

of the application”

Section 32. Section 6.54.040(E)(1) is amended by adding

a new subsection

f If the board fails to meet within the specified time

period, fails to have a quorum, or fails to take action on

the application within the specified time period then the

license shall be deemed approved and sent to the applicant

by United States Mail to the address listed on the applica-

tion within two (2) days of that specified time period

Section 33. Section 6.54.050(A)(1)(c) of the MCL is

amended by deleting the section

Section 34. Section 6.54.050(A) is amended by adding a

new subsection as follows:

3. Any live performance of sexually oriented entertain-

ment shall occur upon a stage at least 18 inches above the

immediate floor level and removed at least 3 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 dark-

ened condition so that the customer will not invade the 3

App. 170

foot boundary from the stage with any portion of his/her

body

Section 35. Section 6 54 050(B) of the MCL is amended

by deleting paragraph 6 in its entirety and substituting

the following,

6 Any applicant found to have previously violated this

chapter by operating or maintaining a sexually oriented

business/establishment within the metropolitan area

without a license, as evidenced by a judgement of a court,

within one year immediately preceding the date of the

application shall be ineligible for a license for one year

from the date of the judgement The fact that a trial court’s

judgement is being appealed shall have no effect on the

disqualification of the applicant unless the judgement is

stayed

Section 36 The last sentence of Section 6 54 050(B) is

amended by deleting the word “permitted” and substitut-

ing in lieu therefore the word “described” after the words

“until a permit is granted except as” and before the words

“in Section 6.54.070(D)(4)”

Section 37 Section 6 54 060 is amended by adding a new

subsection as follows

C Any entertainer found to have violated this chapter by

providing sexually oriented entertainment in a sexually

oriented business/establishment in the metropolitan area

without a permit as evidenced by a judgement of a court

within one year immediately preceding the date of the

application shall be ineligible for a license for one year

from the date of the judgement. The fact that a trial

court’s judgement is being appealed shall have no effect on

App. 171

the disqualification of the applicant unless the judgement

is stayed

Section 38 Section 6.54 070(A)(2)(a) of the MCL is

amended by adding the word “his” before the words “her

application, including one of the two photos to the police

department” after the words “The police department may

be notified of a need for a background check in two ways

The applicant brings” and further adding the word “his”

before the words “her fingerprints taken at the police

department” and after the words “including one of the two

photos to the police department and has”

Section 39 Section 654070(A)\(2)(b) of the MCL is

amended by deleting the words “or other qualified person,”

at the end of that subsection and further amended by

adding the following at the end of the section

If the applicant intends to mail his/her application to the

board then he/she shall have his/her local law enforcement

agency take his/her fingerprints and photograph and that

law enforcement agency shall mail the fingerprints di-

rectly to the Metropolitan Police Department.

Section 40. The first full sentence of Section 6.54 O070(A)\(2)(c)

of the MCL is amended by adding the word “his” after the

words “Fees If the applicant brings” and before the words

“her application to the police department,” and further by

deleting the second to last sentence in its entirety and

substituting the following sentence

This same procedure applies if the applicant has his/her

fingerprints and photographs taken by their local law

enforcement agency and mailed directly to the Metropolli-

tan Police Department

App. 172

Section 41. Section 6.54 070(A)(4)(e) is amended by

deleting the paragraph in its entirety and substituting in

lieu therefore the following.

Whether the applicant previously entertained in this or

any other county, city or state under a sexually oriented

business license/permit or similar business license/permit

within the last year For whom the applicant was employed

or associated at the time Whether the applicant has had

such a license/permit revoked or suspended within the last

year and the reason therefor and the business entity or

trade name for whom the applicant was employed or

associated at the time of such suspension or revocation.

Section 42 Section 6.54 070(A)(4)(h) of the MCL is

amended by deleting the subsection in its entirety and

substituting the following in lieu therefore

A statement by the applicant that he/she is familiar with

the provisions of this chapter and a statement swearing

that information provided on the application is true and

accurate

Section 43. Section 6.54 070(B) of the MCL is amended

by deleting the words “either by performing these func-

tions or by reviewing these items which were provided by

the applicant” before the words “and by performing a

background investigation for crimes of a sexual nature”

and after the words “fingerprints and 2 x 2 photo” and is

further amended by deleting the words and numbers

“Subject to Section 6 54 150”

Section 44. Section 6.54 070(C)(1) is amended by deleting

the first sentence in its entirety and substituting in lieu

therefore the following:

App. 173

Within fifteen days of receiving the results of the investi-

gation conducted by the police department the board will

meet and if it determines that the applicant has not been

convicted of a crime of a sexual nature, as defined in

Section 654010, has not had a similar type of permit/

license revoked in the last year, is at least eighteen years

of age, and has not given any false or misleading informa-

tion on the application or omitted any material facts from

the application then the board shall grant the permit

Section 45 Section 6 54 070(D)(1) of the MCL is amended

by adding a new subsection

f If the board fails to meet within the specified time period,

fails to have a quorum, or fails to take action on the

application within the specified time period then the

permit shall be deemed approved and sent to the applicant

by United States Mail to the address listed on the applica-

tion within two (2) days of that specified time period.

Section 46. Section 6 54 070(E) of the MCL is amended

by deleting paragraph 3 and substituting a new paragraph

as follows

3 The date the permit was issued.

Section 47. Section 6.54.050(A) of the MCL is amended

by adding a new subsection as follows.

5 Any applicant found to have previously violated this

chapter of the metropolitan code by providing sexually

oriented entertainment within the metropolitan area

without a permit as evidenced by a judgement of a court,

within one year immediately preceding the date of the

application shall be ineligible for a license for one year

from the date of the judgement The fact that a trial court’s

judgement is being appealed shall have no effect on the

App. 174

disqualification of the applicant unless the judgement is

stayed

Section 48 Section 6.54.130 of the MCL is amended by

adding a new section after (D) and ky renumbering the

sections accordingly as follows:

Live sexually oriented entertainment shall not be _permit-

ted in booths

Section 49. Section 6 54.140(C) of the MCL is amended

by adding the words “The distance shall be measured

three (3) feet from any outer edge/side of the stage

Section 50. Section 6 54 140 of the MCL is amended by

adding three new subsections as follows:

Only one individual shall occupy a booth at anytime No

occupant of a booth shall engage in any type of copulation,

masturbation or the display of specified anatomical areas

as defined herein or cause any bodily discharge of urine,

feces or semen while in the booth No individual shall

damage or deface any portion of the booth

Live sexually oriented entertainment shall not be permit-

ted in booths ‘

No customer shall invade the 3 foot boundary from the

outer edge of the stage as required to be designated by

Section 6.54 050(A)(3)

Section 51 Section 6 54 160(B) shall be amended by

deleting the words “A fine” at the beginning of the second

sentence and substituting in lieu therefore the words “The

five hundred dollar penalty”

App. 175

Section 52 This Ordinance shall take effect from and

after its passage, the welfare of The Metropolitan Gov-

ernment of Nashville and Davidson County requiring it

Sponsored By. Chris Ferrell

LEGISLATIVE HISTORY

Introduced: J uly 20 1999

App. 176

ORIGINAL

METROPOLITAN COUNTY COUNCIL

SECOND SUBSTITUTE

Bill No. BL99-61

An ordinance to amend Title 6, Chapter 6.54 of the Metro-

politan Code of Laws concerning sexually oriented busi-

nesses.

(Filed Dec. 7, 1999)

Introduced

Passed first Reading

Referred to

Amended SUBSTITUTE BILL INTRODUCED &

DEFERRED DEC 7 1999

Passed second Reading DEC 21 1999

Referred to

Passed third Reading JAN 19 2000

Approved JAN 20 2000

By [(Illegible]

Metropolitan Mayor

Departments Notified

Advertised

App. 177

Second Substitute Bill No. BL99-61

An ordinance to amend Title 6, Chapter 6 54 of

the Metropolitan Code of Laws concerning sexu-

ally oriented businesses.

Whereas, the United States District Court for the

Middle District of Tennessee, Nashville Division held in

the matter of Déja vu et al v. the Metropolitan Government

et al., Docket Numbers 3-97-1066 and 3-97-1176, that the

plaintiffs are likely to be successful on their challenge to

the sections of the ordinance barring a sexually oriented

business from obtaining a license for a period of years

because the operator of the business was convicted of the

crime of obscenity and the court believes that this prohibi-

tion is unconstitutional; and,

Whereas, the United States District Court also held

that the plaintiffs are likely to be successful on their

challenge to the sections of the ordinance requiring a

criminal background investigation of the operators of

sexually oriented businesses and entertainers engaged in

sexually oriented entertainment because these sections

are unconstitutional and they involve an investigation into

whether or not the operator or entertainer has been

convicted of the crime of obscenity; and,

Whereas, the United States District Court also held

that the plaintiffs are likely to succeed on their challenge

to the section of the ordinance requiring a fee to obtain a

license to operate a sexually oriented business or entertain

in a sexually oriented business because that fee includes

the cost of a criminal background check of the applicant to

determine whether or not that applicant has been con-

victed of the crime of obscenity and that portion of the fee

is unconstitutional; and,

App. 178

Whereas, the United States District Court held that

the plaintiffs are likely to succeed on the merits of their

claim that the definition of the terms “sexually oriented”

and “sexually oriented theater” were overly broad even

though the definitions of the terms “sexually oriented

nightclub” and “sexually oriented entertainment” were

held to be constitutional and not overly broad by the

Court; and

Whereas, though the Metropolitan Government does

not concede that barring applicants from obtaining a

sexually oriented license or permit because of a prior

conviction for the crime of obscenity is unconstitutional,

that to conduct a criminal background check to discover if

an applicant has been convicted of the crime of obscenity is

unconstitutional, that charging the applicants the cost of a

criminal background check to discover if the applicants

have been convicted of the crime of obscenity is unconsti-

tutional or that the definitions of the terms “sexually

oriented” -and “sexually oriented entertainment” were

overly broad; and

Whereas, it is the Metropolitan Government’s objec-

tive to resume regulation of the sexually oriented busi-

nesses within its jurisdiction without the delays that

would most likely occur if the United States District

Court’s temporary injunction order were appealed; and

Whereas, amending the ordinance to comply with the

most recent ruling of the United States District Court will

give the Metropolitan Government the opportunity to

move to dissolve the temporary injunction and proceed

with enforcement of its ordinance as quickly as possible,

the following amendments are proposed.

App. 179

Now therefore, be it enacted by the Metropolitan

Council of Nashville and Davidson County as follows:

Section 1. Sections 6.54.010(D) of the Metropolitan

Code of Laws (hereinafter “MCL”) as amended by 099-

1814 is amended by deleting the word “obscenity” from the

definition of “Crimes of a sexual nature” before the words

“or crimes committed in a jurisdiction” and after the words

“patronizing prostitution, promoting prostitution.”

Section 2. Section 6.54.010(0) of the MCL as

amended by 099-1814 is amended by deleting this subsec-

tion in its entirety.

Section 3. Section 6.54.010(Y) of the MCL as

amended by 099-1814 is amended by deleting this subsec-

tion in its entirety and substituting in lieu therefore the

following:

“Sexually oriented” when used to modify film,

movie, motion picture, videocassette, slides, or

other photographic reproductions shall mean a

film, movie, motion picture videocassette, slides

or other photographic reproduction that regu-

larly depicts material which is distinguished or

characterized by an emphasis on matter depict-

ing or describing “specified sexual activities” or

specified anatomical areas” offered for observa-

tion by the patron(s) on the premises of a sexu-

ally oriented business.

Section 4. Section 6.54.010(Z)(3) of the MCL as

amended by 099-1814 is amended by deleting this subsec-

tion in its entirety and substituting the following in lieu

therefore:

App. 180

3. “Sexually oriented theater” is an enclosed

building in which films, motion pictures, video-

cassettes, slides, or other photographic reproduc-

tions that are distinguished or characterized by

an emphasis on depictions of “specified sexual ac-

tivities” or “specified anatomical areas,” as de-

fined in this section, are regularly presented for

observation by patrons therein.

Section 5. Section 6.54.010 of the MCL as amended

by 099-1814 is amended by. adding a new definition and

renumbering this subsection as appropriate.

“Sexually oriented material” shall mean “sexu-

ally oriented entertainment” and/or any mate-

rial, including films, movies, motion pictures,

videocassettes, slides, or other photographic re-

productions, which regularly depicts material

which is distinguished or characterized by an

emphasis on matter depicting or describing

“specified sexual activities” or specified anatomi-

cal areas” offered for observation by the patron(s)

on the premises of a sexually oriented business.

Section 6. Section 6 54.090 of-the MCL as amended

by 099-1814 is amended by deleting the words “five hun-

dred” and substituting in lieu therefore the words “three

hundred fifty” after the words “A license fee of” and before

the words “dollars shall be submitted with the application”

and by deleting the words “one hundred” and substituting

in lieu therefore the word “fifty” after the words “A permit

fee of” and before the words “dollars shall be submitted

with the application”.

App. 181

Section 7. This Ordinance shall take effect from and

after its passage, the welfare of The Metropolitan Gov-

ernment of Nashville and Davidson County requiring it.

APPROVED AS TO FORM INTRODUCED BY:

AND LEGALITY:

/s/ Shayna Abrams _—_—_—_—_s /S/ Chris Ferrell

Metropolitan Attorney

Members of Council

App. 182

Chapter 6.54

SEXUALLY ORIENTED BUSINESSES

Sections:

6.54.010

6.54.020

6.54.030

6.54.040

6.54.050

6.54.060

6.54.070

6.54.080

6.54.090

6.54.100

6.54.110

6.54.120

6.54.130

6.54.140

6.54.150

6.54.160

6.54.i70

Definitions.

Sexually oriented business licensing

board.

License required.

Application for license.

Standards for issuance of license.

Permit required.

Application for permit.

Standards for issuance of a permit.

Fees.

Display of license or permit.

Renewal of license or permit,

Hours of operation.

Responsibilities of the operator.

Prohibitions and unlawful sexual acts.

Revocation or suspension of license/

permit.

Penalties and prosecutions.

Invalidity of part.

6.54.010 Definitions.

For the purpose of this chapter, the words and phrases

used in this chapter shall have the following meanings,

unless otherwise clearly indicated by the context:

App. 183

_

A. “Aggravated rape” means as defined in the

Tennessee Code Annotated Section 39-15-502.

B. “Aggravated sexual battery” means as defined in

the Tennessee Code Annotated Section 39-15-504.

C. “Booth” means any booth, cubicle, stall, room or

compartment which is designed, constructed or used to

hold or seat patrons/customers and is designed such that

the booth is separated from the common areas of the

premises and is used for presenting sexually oriented

entertainment including, but not limited to viewing

sexually oriented moving pictures or viewing sexually

oriented publications by any photographic, electronic,

magnetic, digital or other means or medium (including,

but not limited to, film, video or magnetic tape, laser disc,

cd-rom, books, magazines or periodicals) for observation by

patrons therein. “Booth” shall not mean a room or enclo- —

sure that is designed, constructed and regularly used to

seat more than ten persons.

D. “Crimes of a sexual nature” means the crimes of

rape, aggravated rape, aggravated sexual assault, public

indecency, statutory rape, rape of a child, sexual exploita-

tion of a minor, indecent exposure, prostitution, patronizing

prostitution, promoting prostitution, or crimes committed in

a jurisdiction other than Tennessee which, if committed in

this state, would have constituted the crimes listed above.

In the event that a felony from a jurisdiction other than

Tennessee is not a named felony in this state, the elements

of the offense shal] be used to determine what classifica-

tion the offense is given.

E. “Current entertainer” means an_ entertainer

performing sexually oriented entertainment within the

metropolitan area as of March 1, 1999.

App. 184

F. “Employee” means any and all persons, including

independent contractors, who work in or at or render any

services directly related to the operation of a sexually

oriented business.

G. “Entertainer” means any person who provides live

entertainment within a sexually oriented business as

defined in this section, whether or not a fee is charged or

accepted for entertainment and whether or not entertain-

ment is provided as an employee or an independent

contractor.

H. “Existing sexually oriented business,” means a

sexually oriented business that is operating within the

metropolitan area as of March 1, 1999.

I. “Indecent exposure” means as defined in the

Tennessee Code Annotated Section 39-13-511.

J. “Location” means a single site for which only one

use and occupancy permit would be required.

K. “Metropolitan area” means the general services

district of the metropolitan government of Nashville and

Davidson County.

L. “Metropolitan council” means the legislative body

of the metropolitan government of Nashville and Davidson

County, Tennessee.

M. “New entertainer” means an entertainer not

performing sexually oriented entertainment within the

metropolitan area as of March 1, 1999.

N. “New sexually oriented business” means a sexu-

ally oriented business not in operation as of March 1,

1999.

App. 185

O. Deleted.

P. “Operator” means any _ person, partnership,

limited partnership, joint venture, corporation or any

other type of business entity operating, conducting or

maintaining a sexually oriented business.

Q. “Patronizing prostitution” means as defined in

the Tennessee Code Annotated Section 39-13-512.

R. “Promoting prostitution” means as defined in the

Tennessee Coce Annotated Section 39-13-512.

S. “Prostitution” means as defined in the Tennessee

Code Annotated Section 39-13-512.

T “Public indecency” means as defined in the Ten-

nessee Code Annotated Section 39-13-511.

U. “Rape” means as defined in the Tennessee Code

Annotated Section 39-15-503.

V. “Rape of a child” means as defined in the Tennes-

see Code Annotated Section 39-15-522.

W. “Sexual battery” means as defined in the Tennes-

see Code Annotated Section 39-15-5085.

X. “Sexual exploitation of a minor” means as defined

in the Tennessee Code Annotated Sections 39-17-1003, 39-

17-1004 and 39-17-1005.

Y. “Sexually oriented” when used to modify film,

movie, motion picture, videocassette, slides, or other photo-

graphic reproductions means a film, movie, motion picture

videocassette, slides or other photographic reproduction that

regularly depicts material which is distinguished or charac-

terized by an emphasis on matter depicting or describing

App. 186

“specified sexual activities” or “specified anatomical areas”

offered for observation by the patron(s) on the premises of

a sexually oriented business.

Z. “Sexually oriented business/establishment” means

any commercial establishment which for a fee or inciden-

tally 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 de-

fined in this section for observation by patrons therein.

1. “Sexually oriented bookstore” means an estab-

lishment having a majority of its stock in trade or a

majority of its floor space in 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 sexually

oriented entertainment, including but not limited to

sexually oriented movies, sexually oriented videos, sexu-

ally oriented films, or sexually oriented live entertain-

ment, for observation by patrons therein.

2. “Sexually oriented nightclub” means a theater,

concert hall, auditorium, nightclub, bar, restaurant, or

similar commercial establishment which regularly fea-

tures 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. “Sexually oriented theater” means an enclosed

building in which films, motion pictures, videocassettes,

App. 187

slides, or other photographic reproductions that are

distinguished or.characterized by an emphasis on depic-

tions of “specified sexual activities” or “specified anatomi-

cal areas,” as defined in this section, are regularly

presented for observation by patrons therein.

4. “Sexually oriented video store” means a commer-

cial establishment having a majority of its stock or a

majority of its floor space dedicated to “sexually oriented

videos,” as defined in this section, which are rented or sold

or presented for a fee or incidentally to another service; or

in conjunction therewith, regularly presents on the prem-

ises sexually oriented motion pictures or sexually oriented

films, “sexually oriented videos,” 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 videos” 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.

AA. “Sexually oriented entertainment” means the

regular presentation, for a fee or incidentally to another

service, of material or exhibitions distinguished or charac-

terized by an emphasis on matter depicting, describing or

relating to “specified sexual activities” or “specified ana-

tomical areas” as defined in this section for observation by

patrons therein.

App. 188

BB. “Sexually oriented material” means “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 a

sexually oriented business.

CC. “Specified anatomical areas” means:

1. Less than completely and opaquely covered;

a. Human genitals, pubic region,

b. Buttocks,

c. Female breasts below a point immediately above

the top of the areola; and

2. Human male genitals in a discernibly turgid state,

even if completely opaquely covered.

DD. “Specified sexual activities” means:

1. Human genitals in a state of sexual stimulation or

arousal;

2. Acts of human masturbation, sexual intercourse

or sodomy;

3. Fondling or erotic touching of human genitals,

pubic region, buttock or female breasts.

EE. “Statutory rape” means as defined in the Ten-

nessee Code Annotated Section 39-15-506. (Ord. BL99-61

§§ 1-5, 2000; Ord. 99-1814 §§ 1-5, 1999; Amdt. 1 § 1 with

Ord. 99-1503 §§ 1-3, 1999; Ord. 97-1022 §1, 1997;

App. 189

amended during 9-97 supplement; Amdt. 7 (part) and

Amat. 3 §§ 1 and 2 with Ord. 97-796 § 2 (part), 1997)

6.54.020 Sexually oriented business licensing board.

A. Establishment. A _ sexually oriented business

licensing board is created and designated the metropolitan

sexually oriented business licensing board (herein

“board”).

B. Membership — Terms.

1. The board shall consist of five members, who shall

have been residents of the metropolitan area for not less

than one year, and who shall continue to be eligible so long

as they reside in the metropolitan area, to be appointed by

the mayor and confirmed by a majority vote of the metro-

politan counci..

2. At least one of the five members shall be an

attorney, and one of the five members shall be a health

provider.

3. Of the five members first appointed, two shall be

appointed for a term of two years, and two shall be ap-

pointed for a term of three years, and one shall be ap-

pointed for a erm of four years. Thereafter, each member

shall be appointed for a term of four years, and shall serve

until his/her successor is appointed. Any vacancy other

than the expiration of terms shall be filled for the unex-

pired term.

C. Election of Officers — Term. The board shall

organize by the election of a chair and a vice-chair, who

shall serve for a period of one year or until a successor

shall have been chosen. The vice-chair is authorized to act

App. 190

in the place of the chair and in the same capacity as the

chair when the chair is unavailable.

D. Meetings — Quorum Required — Minutes and

Transcript.

1. The board shall hold two regular meetings each

month at a time fixed by the board, and may hold such

special meetings as may be necessary.

2. The attendance of at least a majority of the

members of the board, not including unfilled positions,

shall be required to constitute a quorum for the purpose of

transacting business.

3. Minutes shall be kept of the meetings in perma-

nent form and a record shall be kept of the action of the

board with respect to every application for a license and/or

a permit. The concurring vote of a majority of the mem-

bers present and voting shall be necessary for the grant-

ing, revoking, suspending or any other action involving

licenses or permits.

4. No transcript of the proceedings had before the

board shall be in any form other than narrative, unless the

board shall have been requested to provide for an exact

copy of the testimony by an interested party at least

twenty-four hours prior to a board meeting. The cost of an

exact copy shall be borne by the person requesting the

same.

E. Powers and Duties.

1. The board shall have jurisdiction over the licens-

ing, regulating and controlling of all sexually oriented

establishments as provided in this chapter, located in the

metropolitan area. ;

App. 191

2. The board may promulgate such bylaws, rules and

regulations not inconsistent with state law, the Metropoli-

tan Charter, or any ordinance, as it deems appropriate for

the conducting of its business.

3. The board has the authority to subpoena wit-

nesses to testify before the board.

F. Inspectors — Authority. The board is empowered to

employ suitable person(s) as inspectors which inspectors

shall not hold any civil service status. The board shall

prescribe the duties of such inspectors so as to enforce the

applicable provisions of this title.

G. Procedures for Hearings. This section shall apply

to all hearings by the board including but not limited to

hearings for revocation, suspension or denial of a license/

permit.

1. Upon receiving a written request for a hearing,

the board shall send the party requesting the hearing a

notice stating the time and place of the hearing and the

_ right to be represented by counsel.

2. At the hearing, the.party requesting the hearing

shall appear on his/her own behalf or be represented by

counsel. All witnesses shall be sworn. The chair shall allow

the party requesting the hearing to present witnesses on

his/her own behalf and to cross-examine all witnesses

testifying against him/her.

3. All decisions of the board shall be in writing,

setting forth the findings of the board, and shall be signed

by the chair or vice-chair.

App. 192

4. Minutes shall be kept of all proceedings before the

board in permanent form and a record shall be kept of the

actions of the board with respect to all hearings.

5. A record (which may consist of a tape or similar

electronic recording) shall be made of all oral proceedings.

The record must be maintained by the board for a period of

ninety days. Such record or any part thereof shall be

transcribed at the request of any party at such party’s

expense. i

6. The board will arrange for a court reporter to be

present at any hearing after an initial adverse administra-

tive decision. (Amdt. 1 with Ord. 99-1814 § 6, 1999; Amdt.

1 § 14 with Ord. 99-1503, 1999; Ord. 97-1022 § 3, 1997;

Amdt. 7 (part) with Ord. 97-796 § 2 (part), 1997)

6.54.030 License required.

A. Except as provided in subsection F of this section,

from and after March 1, 1999, no sexually oriented busi-

ness shall be operated or maintained within the metropoli-

tan area without first obtaining a license to operate issued

by the board.

B. Any person, partnership, limited partnership,

joint venture, corporation or any other type of business

entity which desires to operate more than one sexually

oriented business/establishment must have a license for

each sexually oriented business/establishment.

C. Only one license may be issued for each sexually

oriented business location.

D. No license or interest in a license may be trans-

ferred to any person, partnership or corporation.

App. 193

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

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 unli-

censed sexually oriented business while sexually oriented

entertainment is being presented.

F. All existing sexually oriented businesses, as

defined in Section 6.54.010, must submit an application

for a license by March 15, 1999, or cease operations. All

existing sexually oriented businesses which apply for a

license by March 15, 1999, may continue to operate the

sexually oriented business descrived in the application

even if the board votes to deny the application where such

denial is appealed to a court in accordance with Section

6.54.040(E)(3). All new sexually oriented businesses, as

defined in Section 6.54.010, may submit an application at

any time but may not operate until a license is granted

except as permitted in Section 6.54.040(E)(4).

G. Any applicant found to have previously violated

this chapter by operating or maintaining a sexually

oriented business/establishment within the metropolitan

area without a license, as evidenced by a judgement of a

court, within one year immediately preceding the date of

the application shall be ineligible for a license for one year

from the date of the judgement. The fact that a trial

court’s judgement is being appealed shall have no effect on

the disqualification of the applicent unless the judgement

is stayed. (Ord. 99-1814 §§ 7, 8, 1999; Ord. 99-1503 §§ 4, 5,

1999; Ord. 97-1022 § 5, 1997; Amdt. 7 (part) with Ord. 97-

796 § 2 (part), 1997)

a

App. 194

6.54.040 Application for license.

A. Application.

1. Any person, partnership, limited partnership,

joint venture, corporation or any other type of business

entity desiring to secure a license shall make application

to the board. The applicant shall file the original applica-

tion with six copies. The original application shall be dated

by the board and held in the files of the board. A copy of

the application shall be distributed the next business day

by the board to: the police department, the department of

codes administration, the health department, and the

applicant.

2. Application forms shall be available at the office of

the board.

3. The application form shall include all the informa-

tion indicated in subdivisions (5)(a) through (5)(I) of this

‘subsection.

4. The following persons must be listed in the license

application for any sexually oriented business that is a

corporate entity of any kind: the registered agent and the

name and address of all officers and directors of the

corporation, and any stockholder holding a majority

controlling percentage of the stock of a corporate applicant

and who will be involved in the day-to-day operation and

management of the business. The following persons must

be listed in the license application for any sexually ori-

ented business that is a partnership, limited partnership,

joint venture, or any other type of business: the name and

address of all persons who will be involved in the day-to-

day operation and management of the business.

App. 195

5. The applicant shall furnish the following informa-

tion under oath:

a. Name and address of the applicant, including all

aliases (business address is sufficient);

b. Proof of the applicant’s date of birth demonstrat-

ing that the applicant is at least eighteen years of age;

c. All residential addresses of the applicant for the

past three years (for the purpose of facilitating the police

investigation into the applicant’s criminal background

regarding crimes of a sexual nature);

d. Whether the applicant previously operated in this

or any other county, city or state under a sexually oriented

business/adult. entertainment license/permit. Whether the

applicant has ever had such a license/permit revoked or

suspended, within the last year from the date of applica-

tion, the reason therefor, and the business entity or trade

name under which the applicant operated that was subject

to the suspension or revocation; -

e. All convictions for crimes of a sexual nature, as

defined in Section 6.54.010, punishable as a misdemeanor

violation that have occurred within the past two years. All

convictions for crimes of a sexual nature, as defined in

Section 6.54.010, punishable as a felony that have oc-

curred within the past five years;

f. All judgements by a court within one year for

violations of the metropolitan zoning Section 17.64.260;

g. Fingerprints and two photographs at least two

inches by two inches of the applicant (for the purpose of

facilitating the police investigation into the applicant’s

criminal background regarding crimes of a sexual nature);

App. 196

h. The address of the sexually oriented business to

be operated by the applicant;

i. If the applicant is a corporation, the application

shall specify the name of the corporation, the date and

state of incorporation, the name and address of the regis-

tered agent and the name and address of all officers and

directors of the corporation, and any stockholder holding a

majority controlling percentage of the stock of a corporate

applicant and who will be involved in the day-to-day

operation of the business;

j. Ifthe applicant is a partnership, joint venture, or

any other type of business, the application shall specify

the name and address of all persons who will be involved

in the day-to-day operation of the business;

k. A statement by the applicant that he/she is

familiar with the provisions of this chapter and a state-

ment swearing that information provided on the applica-

tion is true and accurate.

6. The applicant shall provide the board with his/her

application, a diagram, drawn to scale of the premises,

including the location and layout of all booths and stages

and the location of the clerk/manager’s stand or counter.

Though the diagram shall be drawn to scale, it does not

have to be professionally prepared.

7. If any of the information on the application

changes over the course of the time for which the license is

issued, including any changes in the physical layout of the

premises, the licensee shall inform the board, in writing, of

the changes.

App. 197

B. Inspections and Investigations.

1. The codes department shall, upon receipt of a copy

of the application, inspect the premises to insure that the

establishment complies with the unique physical layout

requirements set out in Section 6.54.050(A)(1), 6.54.050

(A)(3) and 6.54.130(C) of this chapter. The health depart-

ment shall inspect the premises to insure compliance with

applicable health code statutes, ordinances, and regula-

tions. The police department shall investigate the appli-

cant’s criminal history collecting the applicant’s

fingerprints and 2 x 2 photo either by performing these

functions or by reviewing these items which were provided

by the applicant and by performing a background investi-

gation for crimes of a sexual nature. The results of both

the inspections and the investigation shall be filed in

writing with the board no later than twenty days after the

date the application was filed with the board. Any inspec-

tion or investigation information not filed with the board

in the time period specified shall not prevent the applicant

from receiving the license and shall be treated by the

board as if the report revealed no violations of applicable

statutes, ordinances, or regulations, no violations of the

provisions of this chapter, no sexually-oriented business/

adult entertainment zoning code violations and/or no

applicable criminal history.

2. The code department shall confirm that any

booths or stages conform with the submitted diagram and

the requirements set out in Sections 6.54.050A and

6.54.130.

3. The police department shall complete its investi-

gation and the codes department and health department

shall complete their respective inspections and _ shall

App. 198

communicate the results to the board in writing within

twenty days of receipt of the application. The written

investigation from the codes department sand health

department shall end with substantielly one of the follow-

ing statements:

The location at __ complies with Chapter 6.54

and the applicable health code sections of the

metropolitan code.

The location at ___ does not comply with Chapter

6.54 and the applicable health code sections of

the metropolitan code. It is in violation of the fol-

lowing provisions: Section numbers of code viola-

tions.

The writing from the police department shall end with

substantially the following statement:

The police department's criminal record

check indicates that the persons listed on the ap-

plication have/have not committed a crime of a

sexual nature within the past five years. The

persons listed on the application have committed

the following crimes of a sexual nature:

Name Crime Date

4. If the building/structure has a valid use and

occupancy permit, the applicant shall provide the board

with a copy of the valid use and occupancy permit which

shall be made part of the file.

C. Board Action on Inspection and Investigation

Results.

1. Within fifteen days of receiving the results of

the investigation conducted by the police department

App. 199

and the inspections by the codes department, and health

department the board will meet and determine if the

applicant is in compliance with this chapter and the

applicable health statutes, ordinances and regulations.

2. If the board determines that the applicant is in

compliance with this chapter, the applicable health stat-

utes, ordinances and regulations, and the applicant has

not committed a crime of a sexual nature, as defined in

Section 6.54.010, is at least eighteen years of age, and has

not given any false or misleading information on the

application or omitted any material facts from the applica-

tion, then the board shall grant the license. False or

misleading information does not include information

which the applicant reasonably believed, after exercising

due diligence, was correct at the time of the application.

3. Ifthe board fails to meet within the specified time

period, fails to have a quorum, or fails to take action on

the application within the specified time period, then the

license shall be deemed approved and sent to the applicant

by United States Mail to the address listed on the applica-

tion within two days of the events described in this para-

graph.

4. In the event the board denied the application in

accordance with the provisions of this chapter, such denial

and the reason for the denial shall be mailed to the apph-

cant the next business day after the board meeting review-

ing the results of the investigation and inspections.

5. If it is determined by the board, using the applica-

tion and the inspection reports that the applicant has

violated the provisions of the zciing code applicable to

sexually oriented/adult entertainment businesses within

the past two years, then the applicant is ineligible for a

App. 200

license for one year from the date the citation was sus-

tained. A violation of the zoning code shall be evidenced by

a judgement of a court. The fact that the judgement is

being appealed shall have no effect on the disqualification

of the applicant unless the judgment is stayed.

6. Any investigation reports or inspection reports not

filed with the board in the time period specified in this

section shall not prevent the applicant from receiving

his/her license and shall be treated by the board as if that

department approved the application.

7. Ifthe board determines that the actual structure

does not comply with Section 6.54.050(A) or the submitted

diagram, then the applicant is not in compliance with this

code section and the license shall be denied in accordance

with Section 6.54.050(A) and (B).

8. Ifin the course of the investigation it is discovered

any false or misleading statement or information was

given on the application, or material facts were omitted

from the application, the board shall deny the application

in accordance with Section 6.54.050(B)(3). False or mis-

leading information does not include information which

the applicant reasonably believed, afier exercising due

diligence, was correct at the time of the application.

9. Within fifteen days of receiving the results of the

investigation conducted by the police department, and

inspection reports from the codes department, and health

department, if the board shall determine that the appli-

cant is not in compliance with this chapter, the zoning

code or the applicable health statutes, ordinances and

regulations, the applicant shall be notified in writing, the

next business day, that the license is denied for failing to

App. 201

comply with applicable statutes, ordinances and regula-

tions. This notice shall specify the violation. If the appli-

cant can come into compliance as described in subsection

D of this section, the denial shall not take effect. The

notice shall also specify that the applicant may request a

hearing within five days, cure the violation within fifteen

days and request reinspection or request an extension of

time.

10. The board has the discretion to hold any applica-

tion for further investigation if: (a) the initial investigation

requires investigation into out-of-state records; or (&) verifi-

cation of out-of-state employment relating to a sexually

oriented business or a sexually oriented business license/

permit or similar business license/permit is needed. Such

additional investigation shall not exceed an additional ten

days, from the end of the initial fifteen days specified

- subsection (C) 1) of this section, unless otherwise agreed to

by the applicant.

11. Wherever an application is denied or held for

further investigation, the board shall advise the applicant

in writing the next business day of the reasons for such

action. Upon conclusion of the additional investigation, the

board shall advise the applicant in writing the next

business day whether the application is granted or denied.

12. Failure or refusal of the applicant to give any

information relevant to the investigation of the applica-

tion, or his/her refusal or failure to appear at a reasonable

time and place for examination under oath regarding such

application or his/her refusal to submit to or cooperate

with any investigation required by this chapter, shall

constitute an admission by the applicant that he/she is

ineligible for such license and shall be grounds for denial

App. 202

thereof by the board. This in no way requires the applicant

to agree to additional time extensions beyond that allowed

in subsection (C)(10) of this section.

D. Extensions of Time for the Applicant.

1. If the license is denied, the applicant may rein-

state his/her application by notifying the board in writing

that he/she has come into compliance and requests rein-

spection.

a. The applicant has fifteen days from the mailing of

the denial to cure the violation and notify the board or to

request an extension pursuant to subsection (D)(2) of this

section. The applicant has the responsibility to contact the

board.

b. Once contacted, the board shall notify the appro-

priate inspector the next business day that the applicant

believes he/she has come into compliance.

c. Upon notification by the board, the appropriate

inspector shall return to the location for reinspection and

shall submit another written report as indicated in subsec-

tion (B)(3) of this section. The inspector has five days from

the date he/she was notified by the board to reinspect the

premises and inform the board as to whether the applicant

has come into compliance in the same manner described in

subsection (B)(3) of this section and using the same lan-

guage required in subsection (B)(3) of this section.

d. Based on the report of the inspector(s), the board

shall determine if the applicant has come into compliance,

and if so the board shall issue the license at the next

regular meeting. The next meeting shall be held no later

than fifteen days after the inspection report is filed with

App. 203

the board. Any inspections not filed with the board in the

time period specified in this section will be treated as

described in subsection (C)(6) of this section.

e. If the applicant fails to either contact the appro-

priate inspector to report that the code violations have

been corrected, or if the code violations have not been

corrected, then the application will be denied.

2. Ifthe process of curing the violation requires more

time than that provided in subsection (D)(1) of this sec-

tion. the applicant may request an extension from the

board. If the applicant does not make such a request in the

time allotted, the application is denied.

a. The request for an extension must be made in

writing within fifteen days from the denial.

b. The board shall hear the applicant’s request for an

extension at the next regular meeting. The next meeting

shall be held no later than fifteen days after the request

for the extension is received by the board.

c. The hearing on the extension shall follow the same

rules as set out in Section 6.54.020(G) except that the

decision of the board shall grant or deny the extension and

a decision to grant an extension shall take effect immedi-

ately.

_d. An extension shall only be granted when the codes

inspector and the health inspector agree that an extension

will not endanger the health or safety of the community

and the board determines that the applicant has -demon-

strated a good faith effort to make the necessary repairs or

cure the violation(s) in a timely manner.

App. 204

3. If the applicant fails to follow the procedure set

out in this subsection then the application is denied and

the applicant must reapply to obtain a license. Following

the procedure set out in subsections (D)(1) or (D)(2) of this

section requires no additional fees. Once the deadlines to

cure the violation or ask for an extension of time have

passed, the initial denial shall be treated as a denial of the

application.

E. Denial of the License Application.

1.. When an application is denied, the applicant has

the right to request a hearing within five days of the

board’s notification.

a. The request shall be in writing and filed with the

board within five days of the board’s decision.

b. The board shall hear all the evidence pertaining to

the denial of the application at the next regular meeting.

The next meeting shall be held no later than fifteen days

after the request described above is mailed.

c. At the hearing, the applicant may present evi-

dence as to why his/her application should not be denied.

If the applicant fails to appear at the hearing before the

board he/she will have waived the right to present evi-

dence to the board. Failing to appear before the board will

not preclude the applicant’s right to appeal any denial to

the circuit or chancery courts of Davidson County.

d. The board shall affirm or reject the denial of the

application at the hearing and in writing state the reasons

for the board’s decision.

App. 205

e. The denial of the application shall be mailed by

U.S. mail the next business day to the address of the

applicant as listed on the application.

f. Ifthe board fails to meet within the specified time

period, fails to have a quorum, or fails to take action on

the application within the specified time period, then the

license shall be deemed approved and sent to the applicant

by United States Mail to the address listed on the applica-

tion within two days of that specified time period.

Y

2. Any denial of an application for a license may be

immediately appealed to the circuit or chancery courts of

Davidson County. The metropolitan department of law

may institute proceedings for a declaratory judgment. If

the applicant chooses to appeal by filing a petition for a

writ of certiorari, then the metropolitan government shall

file the record of all proceedings with the court within ten

days from the date the metropolitan government was

served with a petition for a writ of certiorari.

3. For an existing sexually oriented business, as

defined in Section 6.54.010, any adverse administrative

decision that is appealed to any court shall not take effect

until that decision has been upheld by the court after

adjudication on the merits. If the court fails to rule within

forty days of the filing of an appeal, a license shall issue.

When the court makes a determination after adjudication

on the merits that upholds the administrative denial of the

license then that license shall be revoked in accordance with

Section 6.54.150(A)(8). Adverse administrative decisions of

the board, which are not appealed shall not take effect for

sixty days from the date of the decision to allow the

affected party time to seek judicial review.

App. 206

4. For a new sexually oriented business, as defined

in Section 6.54.010, any adverse administrative decision

shall take effect the day the decision is issued by the

board. If the adverse administrative decision is appealed

to a court, and if the court fails to rule within forty days of

the filing of an appeal, a license shall issue. When the

court makes a determination after adjudication on the

merits that upholds the administrative denial of the

license then that license shall be revoked in accordance

with Section 6.54.150(A)(8). (Ord. 99-1814 §§ 9 ~ 32, 1999;

Amdt. 1 §§ 2, 3 with Ord. 99-1503 §§ 6 — 30, 1999; Ord. 97-

1022 §§ 6 — 39, 1997; amended during 9-97 supplement;

Amdt. 6 § 5 (part) with Ord. 97-796 § 2 (part), 1997)

6.54.050 Standards for issuance of license.

A. Physical Layout of Sexually Oriented Business.

1. Any sexually oriented business having available

for customers, patrons or members any booth, for the

viewing of any sexually oriented entertainment, including

but not limited to sexually oriented, films, sexually ori-

ented movies, 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 sexually oriented

business and shall be unobstructed by any door, gate, lock

or other control-type devices.

b. Construction. Every booth shall meet the follow-

ing construction requirements: —-

App. 207

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;

ii. 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 lghting level of each booth shall be a mini-

mum 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 bath-

room contains any equipment which would allow the

viewing of sexually oriented films, sexually oriented

movies, sexually oriented videos.

3. Any live performance of sexually oriented enter-

tainment 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.

App. 208

B. Applicant.

1. To receive a license to operate a sexually oriented

business, an applicant must meet the following standards:

a. If the applicant is an individual, the applicant

shall be at least eighteen years of age;

b. If the applicant is a corporation, all officers,

directors and stockholders required to be named under

Section 6.54.040(A)(5)(i) shall be at least eighteen years of

age;

c. If the applicant is a partnership, joint venture, or

any other type of organization where two or more persons

have a financial interest, all persons having a financial

interest in the business and who are involved in the day-

to-day operation of the business shall be at least eighteen

years of age.

2. No individual applicant, no officer, director or

stockholder required to be named under Section

6.54.040(A)(5)() and no partners required to be named

under Section 6.54.040(A)(5)(j) convicted of a crime of a

sexual nature, as defined in Section 6.54.010, in any

jurisdiction shall be eligible to receive a license for the

time period described below. :

a. If the conviction was for a misdemeanor violation,

then the applicant shall be ineligible to receive a permit

for two years from the date of the conviction.

b. If the conviction was for a felony violation, then

the applicant shall be ineligible to receive a permit for five

years from the date of the conviction.

App. 209

c. The time is computed from the date of the convic-

tion by the trial court to the date of the application,. The

fact that a conviction is being appealed shall have no effect

on the disqualification of the applicant until the trial

court’s conviction is reversed.

3. The applicant shall not have given any false or

misleading information on the application, or omitted any

material facts from the application. False or misleading

information does not include information which the

applicant reasonably believed, after exercising due dili-

gence, was correct at the time of the application.

a. If the applicant gave any false or misleading

information or omitted any material facts, then the appli-

cant shall be ineligible to receive a license for one year

from the date of the application which contained the

misleading statements or omissions unless the omission or

misleading statement referred to the age of the applicant

or to a crime of a sexual nature, as defined in Section

6.54.010.

b. Ifthe misleading statements or omissions referred

to the age of the applicant, then the applicant shall not be

eligible to receive a license until he/she is eighteen or until

one year has passed from the date of the application which

contained the misleading statements or omissions which-

ever is later.

c. Ifthe misleading statements or omissions referred

to a crime of a sexual nature, as defined in Section

6.54.010, ther the applicant shall not be eligible to receive

a license until the time period described in subsection

(B)(2\(a) through (c) of this section has expired or until one

year has passed from the date of the application which

App. 210

contained the misleading statements or omissions, which-

ever is later.

d. Ifthe misleading statements or omissions referred

to violations of Section 17.36.260 of the zoning code, then

the applicant shall not be eligible to receive a permit until

the time period described in subsection (B)(5) of this

section has expired or until one year has passed from the

date of the application which contained the misleading

statements or omissions, whichever is later.

4. An applicant having had a sexually oriented

business/establishment license or similar license/permit

revoked within the last year shall not be eligible for a

license for one year from the date of revocation.

5. No applicant shall have been found to have

previously violated Section 17.36.260 of the metropolitan

zoning code applicable to sexually oriented/adult enter-

tainment businesses, as evidenced by the judgement of a

court within one year immediately preceding the date of

the application. If such violations exist, the applicant shall

be ineligible for a license for one year from the date the

citation was sustained. The fact that a trial court’s judge-

ment is being appealed shall have no effect on the dis-

qualification of the applicant until the trial court’s

judgement is reversed.

6. Any applicant found to have previously violated

this chapter by operating or maintaining a sexually

oriented business/establishment within the metropolitan

area without a license, as evidenced by a judgement of a

court, within one year immediately preceding the date of

the application shall be ineligible for a license for one year

from the date of the judgement. The fact that a trial

court’s judgement is being appealed shall have no effect on

App. 211

the disqualification of the applicant unless the judgement

is stayed. (Ord. 99-1814 §§ 33 — 35 1999; Ord. 99-1503 §§

31 — 49, 1999; Ord. 97-1022 §§ 40 — 45, 1997; amended

during 9-97 supplement; Amdt.-7 (part) with Ord. 97-796

§ 2 (part), 1997)

6.54.060 Permit required.

A. Except as provided in subsection B of this section,

from and after March 1, 1999, no person shall be an

entertainer in a sexually oriented business within the

metropolitan area without first obtaining a permit issued

by the board.

B. All current entertainers, as defined in Section

6.54.010, wishing to continue to perform sexually oriented

entertainment must submit an application for a permit by

March 15, 1999. All current entertainers, who apply for a

permit by March 15, 1999, may continue to perform

sexually oriented entertainment even if the board votes to

deny the application where such denial is appealed to a

court in accordance with Section 6.54.070(D)(3). All new

entertainers, as defined in Section 6.54.010, may submit

an application at any time but may not perform sexually

oriented entertainment until a permit is granted except as

described in Section 6.54.070(D)(4).

C. Any entertainer found to have previously violated

this chapter by providing sexually oriented entertainment

in a sexually oriented business, establishment within the

metropolitan area without a permit, as evidenced by a

judgement of a court, within one year immediately preced-

ing the date of the application shall be ineligible for a

permit for one year from the date of the judgement. The

App. 212

fact that a trial court’s judgement is being appealed shall

have no effect on the disqualification of the applicant unless

the judgement is stayed. (Ord. 99-1814 §§ 36, 37, 1999; Ord.

99-1503 § 50, 1999; Ord. 97-1022 §§ 46, 47, 1997; Amdt. 7

(part) and Amdt. 6 § 7 with Ord. 97-796 § 2 (part), 1997)

6.54.070 Application for permit.

A. Application.

1. Any person desiring to secure a permit shall make

application to the board. The applicant shall file the

original application with three copies. The original appli-

cation shall be dated by the board and held in the files of

the board. A copy of the application shall be distributed

the next business day by the board to the Metropolitan

Nashville police department and the applicant.

2. Application forms shall be available at the office of

the board. Applicants may obtain their application from

the codes department. Applicants must also submit with

each application two 2 x 2 photos.

a. Background Check. All background checks shall

be completed by the metropolitan police department. The

police department may be notified of a need for a back-

ground check in two ways. The applicant brings his/her

application, including one of the two photos to the police

department and has his/her fingerprints taken at the

police department. The police then begin the background

check and once completed, send the background check,

application, fingerprint card, and photo to the office of the

board. In the alternative, the applicant can obtain finger-

prints as described below, turn into the board a complete

application including, fingerprints and two photos and the

App. 213

board shall send the complete application to the police

department requesting a background check. The police

will return the complete application with the completed

background check to the office of the board.

b. Fingerprints. The applicant shall have his/her

fingerprints completed by the police department. If the

applicant intends to mail his/her application to the board

then he/she shall have his/her local law enforcement

agency take his/her fingerprints and photograph and that

law enforcement agency shall mail the fingerprints di-

rectly to the metropolitan police department.

c. Fees. If the applicant brings his/her application to

the police department, the police department shall not

charge the applicant any additional fee for fingerprinting

or a background check. If the applicant has the finger-

printing performed without informing the police depart-

ment that it is for his/her application for a sexually

oriented entertainer permit, then the applicant may retain

the receipts for the fingerprinting and give them to the

codes department when the applicant files his/her applica-

tion. The codes department shall subtract the expenses for

the fingerprints from the one hundred dollar permit fee,

and the epplicant shall pay the difference. This same

procedure applies if the applicant has his/her fingerprints

and photographs taken by their local law enforcement

agency and mailed directly to the metropolitan police

department. Photos can be taken by the codes department

at no additional fee or the applicant may have his/her

photo taken elsewhere.

3. The application form shall include all information —

indicated in subdivisions (4)(a) through (4)(h) of this

subsection.

App. 214

4. The applicant shall furnish the following informa-

tion under oath:

a. Name and address including all aliases;

b. Proof of the applicant’s date of birth demonstrat-

ing that the applicant is at least eighteen years of age;

c. All residential addresses of the applicant for the

past three years (for the purpose of facilitating the police

investigation into the applicant’s criminal background

regarding crimes of a sexual nature);

d. The applicant’s height, weight, color of eyes, and

hair (for the purpose of facilitating the police investigation

into the applicant’s criminal background regarding crimes

of a sexual nature);

e. Whether the applicant previously entertained in

this or any other county, city, or state under a sexually

oriented business license/permit or similar business

license/permit within the last year. For whom the appli-

cant was employed or associated at the time. Whether the

applicant has had such a license/permit revoked or sus-

pended within the last year and the reason therefor and

the business entity or trade name for whom the applicant

was employed or associated at the time of such suspension

or revocation;

f. All convictions for crimes of a sexual nature, as

defined in Section 6.54.010, punishable as a misdemeanor

violation that have occurred within the past two years. All

convictions for crimes of a sexual nature, as defined in

Section 6.54.010, punishable as a felony that have oc-

curred within the past five years;

App. 215

g. Fingerprints and two photographs at least two

inches by two inches of the applicant (for the purpose of

facilitating the police investigation into the applicant’s

criminal background regarding crimes of a sexual nature);

and

h. A statement by the applicant that he/she is

familiar with the provisions of this chapter and a state-

ment swearing that information provided on the applica-

tion is true and accurate.

B. Investigation. The police department shall inves-

tigate the applicant’s criminal history by collecting the

applicant’s fingerprints and 2 x 2 photo and by performing

a background investigation for crimes of a sexual nature.

The results of the investigation shall be filed in writing

with the board no later than twenty days after the date

the application was filed with the board. Any investigation

information not filed with the board in the time period

specified shal! not prevent the applicant from receiving

his/her permit and shall be treated by the board as if the

report revealed no applicable criminal history.

C. Board Action on the Investigation Results.

1. Within fifteen days of receiving the results of the

investigation conducted by the police department the

board will meet and if it determines that the applicant has

not been convicted of a crime of a sexual nature, as defined

in Section 6.54.010, has not had a similar type of permit/

license revoked in the last year, is at least eighteen years

of age, and has not given any false or misleading informa-

tion on the application or omitted any material facts from

the application then the board shall grant the permit.

App. 216

False or misleading information does not include informa- _

tion which the applicant reasonably believed, after exercis-

ing due diligence, was correct at the time of the

application.

2. If the board fails to meet within the time period

specified, or fails to have a quorum at the meeting then

the permit shall be deemed approved and sent to the

applicant by United States mail to the address listed on

the application.

3. In the event the board denied the application in

accordance with Section 6.54.080, such denial and the

reason for the denial shall be mailed to the applicant the

next business day after the board meeting reviewing the

results of the investigation.

4. Any investigation reports not filed with the board

in the time period specified in this section shall not pre-

vent the applicant from receiving his/her permit and shall

be treated by the board as if that department approved the

application.

5. Ifin the course of the investigation it is discovered

any false or misleading statements or information was

given on the application, or material facts were omitted

from the application, the board shall deny the application

in accordance with Section 6.54.080. False or misleading

information does not include information which the

applicant reasonably believed, after exercising due dili-

gence, was correct at the time of the application.

6. The board has the discretion to hold any applica-

tion for further investigation if: (a) the initial investigation

App. 217

requires investigation into out-of-state records; or (b) verifi-

cation of out-of-state employment relating to a sexually -

oriented business or the revocation of a sexually oriented

business license/permit or similar business license/permit

is needed. Such additional investigation shall not exceed

an additional ten days from the end of the initial fifteen

days specified in subsection (D)(1) of this section, unless

otherwise agreed to by the applicant.

7. Whenever an application is denied or held for

further investigation, the board shall advise the applicant

in writing the next business day of the reasons for such

action. Upon conclusion of the additional investigation, the

board shall advise the applicant in writing the next

business day whether the application is granted or denied.

8. Failure or refusal of the applicant to give any

information relevant to the investigation of the applica-

tion, or his or her refusal or failure to appear at a reason-

able time and place for examination under oath regarding

such application or his or her refusal to submit to or

cooperate with any investigation required by this chapter,

shall constitute an admission by the applicant that he/she

is ineligible for such. permit and shall be grounds for

denial thereof by the board. This in no way requires the

applicant to agree to additional time extensions beyond

that allowed in subsection (C)(6) of this section.

D. Denial of the Permit Application.

1. When an application is denied, the applicant has

the right to request a hearing within five days of the

board’s decision.

App. 218

a. The request shall be in writing and filed with the

board within five days of the board’s decision.

b. The board shall hear all the evidence pertaining to

the denial of the application at the next regular meeting.

The next meeting shall be held no later than fifteen days

after the request described above is mailed.

c. At the hearing, the applicant may present evi-

dence as to why his/her application should not be denied.

If the applicant fails to appear at the hearing before the

board he/she will have waived the right to present evi-

dence to the board. Failing to appear before the board will

not preclude the applicant’s right to appeal any denial to

the circuit or chancery courts of Davidson County.

d. The board shall affirm or reject the denial of the

application at the hearing and in writing state the reasons

for the board’s decision.

e. The denial of the application shall be mailed by

U.S. mail the next business day to the address of the

applicant as listed on the application.

f. Ifthe board fails to meet within the specified time

period, fails to have a quorum, or fails to take action on

the application within the specified time period, then the

permit shall be deemed approved and sent to the applicant

by United States Mail to the address listed on the applica-

tion within two days of that specified time period.

2. Any denial of the application for a permit may be

immediately appealed to the circuit or chancery courts of

Davidson County. The metropolitan department of law

may also initiate proceedings for a declaratory judgment.

If the applicant chooses to appeal by filing a petition for a

writ of certiorari, then the metropolitan government shall

App. 219

file the record of all proceedings with the court within ten

days from the date the metropolitan government was

served with a petition for a writ of certiorari.

3. For any current entertainer, as defined in Section

6.54.010, any adverse administrative decision that is

appealed to any court shall not take effect until that

decision has been upheld by the tourt after adjudication on

the merits. If the court fails to rule within forty days of the

filing of an appeal, a permit shall issue. When the court

makes a determination after adjudication on the merits

that upholds the administrative denial of the permit then

that permit shall be revoked in accordance with Section

6.54.150(C)(8). Adverse decisions of the board, which are

not appealed shall not take effect for sixty days from the

date of the decision to allow the affected party time to seek

judicial review.

4. For a new entertainer, as defined in Section

6.54.010, any adverse administrative decision shall take

effect the day the decision is issued by the board. If the

adverse administrative decision is appealed to a court, and

if the court fails to rule within forty days of the filing of an

appeal, a permit shall issue. When the court makes a

determination after adjudication on the merits that

upholds the administrative denial of the permit then that

permit shall be revoked in accordance with Section

6.54.150(C)(8).

E. The permit carried by the entertainer shall con-

tain only the following information:

1. A photo identification as provided by the appli-

cant;

App. 220

2. A computer-generated number assigned to each

applicant, corresponding to the file maintained on each

applicant by the sexually oriented business licensing

board; and

3. The date the permit was issued. (Ord. 99-1814

§§ 38 — 46, 1999; Amdt. 1 §§ 4 — 7 with Ord. 99-1503 §§ 51

— 64, 1999; Ord. 97-1022 §§ 48 — 62, 1997; amended during

9-97 supplement; Amdt. 7 (part), Amdt. 6 § 5 (part) and

Amat. 1 with Ord. 97-796 § 2 (part), 1997)

6.54.080 Standards for issuance of a permit.

A. Applicant. To receive a permit as an entertainer,

an applicant must meet the following standards:

1. The applicant shall be at least eighteen years of

age.

2. No applicant convicted of a crime of a sexual

nature, as defined in Section 6.54.010, in any jurisdiction

shall be eligible to receive a permit for the time period

described below.

a. If the conviction was for a misdemeanor violation,

then the applicant shall be ineligible to receive a permit

for two years from the date of the conviction.

b. If the conviction was for a felony violation, then

the applicant shall be ineligible to receive a permit for five

years from the date of the conviction.

c. The time is computed from the date of the applica-

tion to the date of the conviction.

3. The applicant shall not have given any false or

misleading information on the application, or omitted any

App. 221

material facts from the application. False or misleading

information does not ‘include information which the

applicant reasonably believed, after exercising due dili-

gence, was correct at the time of the application.

a. If the applicant gave any false or misleading

information or omitted any material facts, then the appli-

cant shall be ineligible to receive a permit for one year

from the date of the application which contained the

misleading statements or omissions unless the omission or

misleading statement referred to the age of the applicant

or to a crime of a sexual nature, as defined in Section

6.54.010. False or misleading information does not include

information which the applicant reasonably believed, after

exercising due diligence, was correct at the time of the

application.

b. Ifthe misleading statements or omissions referred

to the age of the applicant, then the applicant shall not be

eligible to receive a permit until he/she is eighteen or until

one year has passed from the date of the application which

contained the misleading statements or omissions, which-

ever is later.

c. Ifthe misleading statements or omissions referred

to a crime of a sexual nature, as defined in Section

6.54.010, then the applicant shall not be eligible to receive

a permit until the time period described in subsection

(A)(2)(a) through (c) of this section has expired or until one

year has passed from the date of the application which

contained the misleading statements or omissions, which-

ever is later.

«. The applicant shall not have had a sexually

oriented business permit/license or similar business

App. 222

permit revoked within the last year immediately preceding

the application.

5. Any applicant found to have previously violated

this chapter of the metropolitan code by providing sexually

oriented entertainment within the metropolitan area

without a permit, as evidenced by a judgement of a court,

within one year immediately preceding the date of the

application shall be ineligible for a permit for one year

from the date of the judgement. The fact that a trial

court’s judgement is being appealed shall have no effect on

the disqualification of the applicant unless the judgement

is stayed. (Ord. 99-1814 §§ 47, 1999; Amdt. 1 § 8 with Ord.

99-1503 §§ 65 — 70, 1999; Ord. 97-1022 § 63 (part), 1997)

6.54.090 Fees.

A. A license fee of three hundred fifty dollars shall

be submitted with the application for a license. If the

application is denied, one-half of the fee shall be returned.

B. A permit fee of fifty dollars shall be submitted

with the application for a permit. If the application is

denied, one-half of the fee shall be returned. (Ord. BL99-

61 § 6, 2000; Ord. 97-1022 § 63 (part), 1997; Ord. 97-796

§ 2 (part), 1997)

6.54.100 Display of license or permit.

A. The license shall be displayed in a conspicuous

public place in the sexually oriented business.

B. The permit shall be carried by or be accessible to

the entertainer during that entertainer’s working hours

App. 223

and shall be displayed upon request of any member of the

police department, health inspector, or board inspector.

C. If the business for which a license was issued

ceases to exist in that a majority of the business assets

have been liquidated, or the business has closed and

ceased operations, then the license shall be returned to the

board and cease to be valid. (Ord. 99-1503 §§ 67(2), 71,

1999; Ord. 97-1022 §63 (part), 1997; Ord. 97-796 $2

(part), 1997)

6.54.110 Renewal of license or permit.

A. Every license/permit issued pursuant to this

chapter will terminate at the expiration of one year from

the date of issuance unless sooner revoked and must be

renewed before operation the following year.

B. Any operator desiring to renew a license or any

entertainer desiring to renew a permit shall make applica-

tion to the board. The application for renewal must be filed

not later than sixty days before the license/permit expires.

The original application for renewal plus the number of

copies listed in Section 6.54.040A or 6.54.070A shall be

filed and dated by the board.

C. The board shall send a copy to the same depart-

- ments who would receive a copy of the initial application. -

These departments shall process the application in the

same manner and within the same time limits which

apply to the initial application.

D. The board shall provide the applicant with a copy

of the application from the previous year and a new

application form.

App. 224

E. The renewal form shall be the same form de-

scribed in Section 6.54.040A for a license and Section

6.54.070A for a permit except as indicated below in sub-

section H of this section.

F. For a renewal, the applicant may fill out the new

form in its entirety or fill in any information which has

changed over the year and is now different than the

information indicated on the application from the prior

year. The renewal must also include an updatéd back-

ground check by the police department and an updated 2 x

2 photo. The renewal does not require resubmission of

fingerprints submitted with the initial application. How-

ever, if new or additional persons are involved in the day

to day operation of the licensed business those persons

must submit fingerprints as described above.

G. If the applicant chooses to only include informa-

tion concerning items which have changed, he/she will

swear to the accuracy of both the information contained in

the renewal form and the information attached from the

prior year.

H. The renewal application form shall be the same

form described in Section 6.54.040A for a license or Sec-

tion 6.54.070A for-a permit except the final line shall

state:

I swear the information I have given in the

application from 199___ is still accurate and any

facts or circumstances which have changed are

indicated in this application for a renewal of the

license/permit.

signature of applicant

App. 225

I. A license renewal fee of five hundred dollars shall

be submitted with the application for renewal. In addition

to the renewal fee, a late penalty of one hundred dollars

shall be assessed against the applicant who files for a

renewal less than sixty days before the license expires. If

the renewal is denied, one-half of the fee collected shall be

returned.

J. A permit renewal fee of one hundred dollars shall

be submitted with the application for renewal. In addition

to such renewal fee, a late penalty of fifty dollars shall be

assessed against the applicant who files for renewal less

than sixty days before the permit expires. If the renewal is

denied, one-half of the fee shall be returned.

K. The application for a renewal is subject to the

same rules and limitations as the initial application.

L. When an application for a renewal is denied, the

applicant has the right to request a hearing within five

days of the board’s decision.

1. The request shall be in writing and filed with the

board within five days of the board’s decision.

2. The board shall hear all the evidence pertaining to

the denial of the renewal application at the next regular

meeting. The next meeting shall be held no later than

fifteen days after the request described above is mailed.

3. At the hearing, the applicant may present evi-

dence as to why his/her renewal application should not be

denied. If the applicant fails to appear at the hearing

before the board he/she will have waived the right to

present evidence to the board. Failing to appear before the

board will not preclude the applicant’s right to appeal any

App. 226

denial to the circuit or chancery courts of Davidson

County.

4. The board shall affirm or reject the denial of the

renewal application at the hearing and in writing state the

reasons for the board’s decision.

—

5. The denial of the renewal application shall be

mailed by U.S. mail the next business day to the address.

of the applicant as listed on the application.

6. Any adverse administrative decision regarding the

renewal of a license/permit that is appealed to any court

shall not take effect until that administrative decision has

been upheld by the court after adjudication on the merits.

If a court fails to rule within forty days of the filing of an

appeal, a new license/permit shall issue. When the court

makes a determination after adjudication on the merits

that upholds the administrative denial of the renewal for a

license/permit then that license/permit shall be revoked in

accordance with Section 6.54.150(A)(8) and (C)(8). Adverse

decisions of the board which are not appealed shall not

take effect for sixty days from the date of the decision to

allow the affected party time to seek judicial review.

M. The denial of any renewal for a license/permit

may be appealed to the circuit or chancery courts of

Davidson County by the applicant. The metropolitan

department of law may initiate proceedings for a declara-

tory judgment in the circuit or chancery court for Davidson

County. If the applicant or the permittee/licensee chooses

to appeal by filing a petition for a writ of certiorari, then

the metropolitan. governments shall file the record of all

proceedings with the court within ten days from the date

the metropolitan government was served with the petition

for a writ of certiorari. (Amdt. 1 §9 with Ord. 99-1503

App. 227

§§ 72, 73, 1999; Ord. 97-1022 §§ 63 (part), 64 -— 68, 1997;

amended during 9-97 supplement; Amdt. 7 (part) and

Amdt. 6 § 5 (part) with Ord. 97-796 § 2 (part), 1997)

6.54.120 Hours of operation.

A. All sexually oriented businesses shall be closed

between the hours of three a.m. and eight a.m. Monday

through Saturday and between the hours of three a.m. and

twelve noon on Sundays.

B. All public areas of every sexually oriented busi-

ness shall be open to inspection at any time during normal

business hours by the following departments: police, codes,

board inspector, and health. (Ord. 99-1503 § 74, 1999; Ord.

97-1022 § 63 (part), 1997; Amdt. 7 (part) and Amdt. 6 § 8

with Ord. 97-796 § 2 (part), 1997)

6.54.130 Responsibilities of the operator.

A. An operator is responsible for the conduct of all

entertainers while on the licensed premises and any act or

omission of any entertainer constituting a violation of the

provisions of this chapter shall be deemed the act or

omission of the operator for purposes of determining

whether the operator’s license shall be revoked, sus-

pended, renewed or a penalty assessed subject to the

limits described in Section 6.54.150(E).

B. No employee on the premises for furthering the

business, but not including independent contractors on the

premises for repairs and construction, of a sexually ori-

ented business shall allow any minor to loiter around or to

frequent a sexually oriented business or to allow any

App. 228

minor to view sexually oriented entertainment as defined

herein on the premises of a licensed business.

C. Every sexually oriented business shall be physi-

cally arranged in such a manner that the entire interior

portion of any booths, wherein sexually oriented motion

pictures, sexually oriented movies, sexually oriented films

or sexually oriented videos are viewed, shall be visible

from the common area of the premises having at least one

side totally open tc 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.

D. It is unlawful to install enclosed booths for the

purpose of viewing of sexually oriented motion pictures,

sexually oriented movies, sexually oriented films, sexually

oriented videos. The licensee shall be responsible for and

shall provide that any booth, or area used for the purpose

of viewing sexually oriented motion pictures, sexually

oriented movies, sexually oriented films or sexually

oriented videos shall be readily accessible at all times and

shall be continuously open to view in its entirety.

E. Live sexually oriented entertainment shall not be

permitted in booths.

App. 229

F. A sign shall be conspicuously displayed in the

common area of the premises, and shall read as follows:

This Sexually Oriented Business is regu-

lated by The Metropolitan Code of Nashville and

Davidson County, Chapter 6.54 which provides

that no customer shall be permitted to have any

physical contact with any entertainer on the

premises during any performance. All perform-

ances shall only occur upon a stage at least eight-

een inches above the immediate floor level at

least three feet from the nearest customer.

G. It shall be the duty of the operator, to ensure that

the line of sight and view area between the common area

and any booths remain unobstructed by any doors, walls,

merchandise, display racks or other materials at any time

that any patron is permitted access to any booth. Enter-

tainers and employees, on the premises for furthering the

business, not including independent contractors on the

premises for repairs or construction, shall not place any

obstructions in front of any booths at any time that any

patron is permitted access to any booth.

H. It shall be the duty of the operator and employees

on the premises for furthering the business, not including

independent contractors on the premises for repairs or

construction to ensure that the illumination in booths,

described in Section 6.54.050(A)(1)(b)(v) is maintained at

all times that any patron is present on the premises.

I. No operator shall allow openings of any kind to

exist between booths, and no person, including entertain-

ers and employees shall make or attempt to make an

opening of any kind between any booths.

App. 230

J. The operator or his/her designee shall, during

each business day, regularly inspect the walls between the

booths, to determine if any openings or holes exist. If such

openings exist it is the duty of the operator to repair the

damage as soon as possible. No patron shall be permitted

access to a booth, where an opening or a hole exists. It

shall be the duty of the operator to ensure those booths are

unoccupied by patrons until the opening is repaired or

covered. (Ord. 99-1814 § 48, 1999; Amdt. 1 § 10 with Ord.

99-1503 §§ 75 — 84, 1999; Ord. 97-1022 §§ 63 (part), 69 —

73, 1997; Amdt. 7 (part) with Ord. 97-796 § 2 (part), 1997)

6.54.140 Prohibitions and unlawful sexual acts.

A. No operator, entertainer or employee on the prem-

ises for furthering the business, not including independent

contractors on the premises for repairs or construction, of a

sexually oriented business shall permit to be performed, offer

to perform, perform or allow customers, employees or enter-

tainers to perform sexual intercourse or oral or anal copula-

tion or other contact stimulation of the genitalia on the

premises.

B. No operator, entertainer or employee on the

premises for furthering the business, not including inde-

pendent contractors on the premises for repairs or con-

struction, shall encourage or permit any person upon the

premises to touch, caress or fondle the breasts, buttocks,

anus or genitals of any entertainer, operator or employee.

C. No customer shall be permitted to have any

physical contact with any entertainer on the licensed

premises while the entertainer is engaged in a perform-

ance of live sexually oriented entertainment. All perform-

ances of live sexually oriented entertainment shall only

App. 231

occur upon a stage at least eighteen inches above the

immediate flour level and removed at least three feet from

the nearest customer.

D. Only one individual shall occupy a booth at any

time. No occu

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