Appendix — Deja Vu of of Nashville, Inc. v. Metropolitan Government of of Nashville (No. 06-1078)

Supreme Court brief2006

Ask Donna

What actually matters in this document.

Text

sLoramre Cour, US.

‘d Sit 6H

. 4 - ‘ A ,

No. _~ 961078 Jak 31 2007

- —_

OPELE OF THE CLERI

3n The THE CLERK

Supreme Court of the Anited States

DEJA VU OF NASHVILLE, INC., a Tennessee corporation,

and MERONEY ENTERTAINMENT. INC..,

a Tennessee corporation,

Petitioners,

THE METROPOLITAN GOVERNMENT OF NASHVILLE

AND DAVIDSON COUNTY, TENNESSEE,

Respondent.

On Petition For A Writ Of Certiorari

To The United States Court Of Appeals

For The Sixth Circuit

APPENDIX TO PETITION FOR A WRIT OF

CERTIORARI VOLUME II, PAGES 218 TO 476

BRADLEY J. SHAFER

(Counsel of Record)

ANDREA E. PRITZLAFF

SHAFER & ASSOCLATES, P.-C.

3800 Capital City Blvd., Suite 2

Lansing, Michigan 48906

517-886-6560

Counsels for Petitioners

MICHAEL F. PLEASANTS

PLEASANTS LAW FIRM

8 South Third, Suite 200

Memphis, Tennessee 38103

901-572-7332

C'o-Counsel for Petitioners

January 31, 2007

ci*M KLE LAW RRIEP PRINTING, Cet =) 2 25-HmR1

OR CALL COLLECT teat sal

INDEX TO APPENDIX TO DEJA VU OF NASHVILLE, INC.’S

PETITION FOR A WRIT OF CERTIORARI*

Volume I

Page

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, 466 F.3d 391 (6th

Cir. 2006); Amended Opinion and Judgment, Filed

Crabs EF, TINO scssnctccintenitansctsinteseacnauinanisaiaiiane App.

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

Court of Appeals for the Sixth Circuit, Case No.

05-5895, Opinion, Filed June 22, 2006................ App.

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville and Davidson County, 274 F.3d 377

(6th Cir. 2001), Opinion, Filed December 6, 2001... App.

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Memorandum and Or-

der granting motion for preliminary injunction,

Pee ED ONIO G, TOOT cacsesccessniconssvassesincsscrnnecsins App.

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Case Management Or-

Boe, Pitas Biarcls B, TOG occ ccccsnceccsiocveccsasstesstcuness App.

* Any typographical and/or incorrect punctuation found in

the

following pages were intentionally left to show accurately how the

original documents appeared.

INDEX TO APPENDIX TO DEJA VU OF NASHVILLE, INC.’S

PETITION FOR A WRIT OF CERTIORARI — Continued

Page

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order regarding Case

Management Order, Filed March 6, 1998........... App. 105

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order regarding discov-

ery deadlines, Filed September 16 1998............. App. 108

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order and Memoran-

dum regarding motion for protective order, Filed

TIE Tl svnsdvavesecersvvevvenvéviccessceosneesonetbovese App. 111

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order regarding dead-

lines, Filed October 30, 1998 .............ccceceesseneeoees App. 128

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Memorandum and Or-

der dissolving preliminary injunction, Filed

I I vice cenacidncsncstyevensednvennecnessentecstune App. 131

lil

INDEX TO APPENDIX TO DEJA VU OF NASHVILLE, INC.’S

PETITION FOR A WRIT OF CERTIORARI — Continued

Page

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Memorandum and Or-

der granting second motion for preliminary

injunction, Filed October 4, 1999.................::::000 App. 149

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order converting pre-

liminary injunction into permanent injunction,

Fised December 23, 1999...........ccccccscsssessessssseseees App. 202

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order denying motion to

vacate or dissolve the injunction, Filed May 26,

Sy cdcindiisichonsdcdcendubioncapscdimsinibinkisendditeabuabaléaiiaiendais App. 204

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order granting motion

for oral argument, Filed April 4, 2005................ App. 205

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order granting motion

for leave to file a reply, Filed April 5, 2005......... App. 206

INDEX TO APPENDIX TO DEJA VU OF NASHVILLE, INC.’S

PETITION FOR A WRIT OF CERTIORARI — Continued

Page

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov't

of Nashville/Davidson County, United States

District Court for the Middle District of Tennes-

see, Case No. 3:97-1066, Order and Memoran-

dum granting motion to dissolve, Filed April 27,

re EAR hate UNECE A Reais eto App.

Deja Vu of Nashville, Inc. et al. v. Metropolitan Gov’t

of Nashville/Davidson County, United States

Court of Appeals for the Sixth Circuit, Case No.

05-5895, Order denying petition for rehearing,

BRIS POINT Gh, BRINE eianccchcrviccicceitnseientttenecocipnninces App.

Volume II

The First Amendment to the United States Consti-

SO o.cnsisncininncnsintintsitiniatlactenasitaneiiinniehidedenditianbunnaeat App.

The Fourteenth Amendment to the United States

SPUN acciccis chases dstschtichunloresdinchesininoantaduhamneiaiaien App.

42 United States Code Annotated §1983 - Civil

Action for Deprivation of Rights................0c00000+ App.

Tennessee Code Annotated §27-9-111 (1998).......... App.

Tennessee Code Annotated §27-9-111 (2002) — With

Historical and Statutory Notes...............:c:eeeeeeees App.

Metropolitan Government of Nashville and David-

son County Bill No. 097-796 (Original Bill), Ap-

OG Aas BE, TOG ve cccecsccticncewtsntetevessatsnseneed App.

Recodified Version of Chapter 6.54.......0......:c:::se0e App.

207

217

218

219

221

222

224

226

292

INDEX TO APPENDIX TO DEJA VU OF NASHVILLE, INC.’S

PETITION FOR A WRIT OF CERTIORARI — Continued

Page

Excerpts of Verified Complaint for Preliminary

Injunction, Permanent Injunction, and Declara-

tory Judgment, United States District Court for

the Middle District of Tennessee, Case No. 3:97-

1066, Filed October 17, 1907 ...0ciccceressecsessecoteoveee App. 352

Excerpt of Transcript of Proceedings for hearing on

January 27, 1999, United States District Court

for the Middle District of Tennessee, Case No.

3:97-1066, Filed January 27, 1999 ..............cceeeee App. 356

Table of Contents of Brief in Support of Plaintiffs’

Second Motion for Preliminary Injunction,

United States District Court for the Middle Dis-

trict of Tennessee, Case No. 3:97-1066............... App. 366

Notice of Depositions of Representatives of the

Metropolitan Government of Nashville and

Davidson County, United States District Court

for the Middle District of Tennessee, Case No.

3:97-1066, Dated August 28, 1998.00... App. 374

Request for Production of Documents by Plaintiffs

to Defendants, United States District Court for

the Middle District of Tennessee, Case No. 3:97-

LOGS, Files Amttl 24, 1G vccveccccccctsecsscoveerssessccvess App. 382

Excerpts of Transcript of April 27, 1999 Metropoli-

tan Adult Entertainment Board Hearing........... App. 390

Excerpt of Transcript of Proceedings for Prelimi-

nary Injunction hearing on April 15, 1999,

United States District Court for the Middle Dis-

trict of Tennessee, Case No. 3:97-1066, Filed

I Ws I a ss tsic as deisaiciie eet Uicsteendnadancbtoaibetaanccaeiesias App. 402

INDEX TO APPENDIX TO DEJA VU OF NASHVILLE, INC.’S

PETITION FOR A WRIT OF CERTIORARI — Continued

Page

Excerpts of Transcript of May 11, 1999 Metropoli-

tan Adult Entertainment Board Hearing........... App. 410

Excerpts of Transcript of May 25, 1999 Metropoli-

tan Adult Entertainment Board Hearing........... App. 413

Metropolitan Sexually Oriented Business Licensing

Board Letter Regarding Denial of Deja Vu of

Nashville’s License Application, dated May 26,

EEE ccishicenicitetinibntnsdsandeiaiitnenadeveinmianivi nbinenene App. 420

Excerpt of Transcript of Proceedings for Case

Management Conference on December 21, 1999,

United States District Court for the Middle Dis-

trict of Tennessee, Case No. 3:97-1066, Filed

ED Ti. Bei isccdincnetibiiesinnatckanntactoiensiesinntnenss App. 422

Notice of Deposition of Representatives of the City

of Milford, Connecticut, Sidepockets, Inc. v. City

ofMilford, Connecticut, United States District

Court for the District of Connecticut, Case No.

3:03-cv-02134-AWT, Filed February 17, 2005 ....App. 438

Excerpt of Transcript of Telephonic Status Confer-

ence, Sidepockets, Inc. v. City of Milford, Con-

necticut, United States District Court for the

District of Connecticut, Case No. 3:03-cv-02134-

AWT, Filed October 30, 2006...............ccccccceeceeeees App. 444

Order re motion for clarification, Sidepockets, Inc.

v. City of Milford, Connecticut, United States

District Court for the District of Connecticut,

Case No. 3:03-cv-02134-AWT, Filed October 30,

vii

INDEX TO APPENDIX TO DEJA VU OF NASHVILLE, INC.’S

PETITION FOR A WRIT OF CERTIORARI — Continued

Page

Memorandum of David Bugher Community Devel-

opment Director for the City of Lakewood, Wash-

ington, to Daniel Held, City Attorney for the

City of Lakewood, Washington, Byran Clark v.

City of Lakewood, Case No. C98-5341 RJB (W.D.

Weil ihsihectievnsisedtncisninelinesaiunieattiesinaiianebeianiaidhied App. 451

Order regarding motion for summary judgment,

Flanigan’s Enterprises, Inc., et al. v. Fulton

County, United States District Court for the

Northern District of Georgia, Case No. 1:01-CV-

3109-RLYV, Filed April 7, 2004...............cceeeseseceeee App. 452

Order regarding discovery, D. Russo, Inc. v. Town-

ship of Union, New Jersey, Superior Court of New

Jersey Law Division: Union County, Docket No.

UNN-L-2313-06, Filed September 19, 2006....... App. 460

Order regarding motion for protective order, High

Five Investments, LLC v. Floyd County, United

States District Court for the Northern District of

Georgia, Case No. 4:06-CV-0190-HLM, Filed

I WG icp dice cvenuttinsuinnaiiaibasisaddaniidieiacuas App. 463

Plaintiff-Intervenor Reliable Consultants, Inc. d/b/a

Dreamer’s’ Brief in Support of Motion in Limine,

Reliable Consultants, Inc. v. City of Kennedale,

United States District Court for the Northern

District of Texas, Case No. 4:02-CV-0458-Y, Filed

I Ti, Oe siiccsastttsienincnsaeidinaniinscnaianinntedtihiniintiints App. 469

App. 218

THE FIRST AMENDMENT

TO THE UNITED STATES CONSTITUTION

Congress shall make no law respecting an establishment

of religion, or prohibiting the free exercise thereof; or

abridging the freedom of speech, or of the press; or the

right of the people peaceably to assemble, and to petition

the Government for a redress of grievances.

U.S. CONST. amend. I.

App. 219

THE FOURTEENTH AMENDMENT

TO THE UNITED STATES CONSTITUTION

Section 1. All persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are citizens

of the United States and of the State wherein they reside.

No State shall make or enforce any law which shall

abridge the privileges or immunities of citizens of the

United States; nor shall any State deprive any person of

life, liberty, or property, without due process of law; nor

deny to any person within its jurisdiction the equal protec-

tion of the laws.

Section 2. Representatives shall be apportioned among

the several States according to their respective numbers,

counting the whole number of persons in each State,

excluding Indians not taxed. But when the right to vote at

any election for the choice of electors for President and

Vice President of the United States, Representatives in

Congress, the Executive and Judicial officers of a State, or

the members of the Legislature thereof, is denied to any of

the male inhabitants of such State, being twenty-one years

of age, and citizens of the United States, or in any way

abridged, except for participation in rebellion, or other

crime, the basis of representation therein shall be reduced

in the proportion which the number of such male citizens

shall bear to the whole number of male citizens twenty-

one years of age in such State.

Section 3. Nc person shall be a Senator or Representa-

tive in Congress, or elector of President and Vice Presi-

dent, or hold any office, civil or military, under the United

States, or under any State, who, having previously taken

an oath, as a member of Congress, or as an officer of the

United States, or as a member of any State legislature, or

App. 220

as an executive or judicial officer of any State, to support

the Constitution of the United States, shall have engaged

in insurrection or rebellion against the same, or given aid

or comfort to the enemies thereof. But Congress may by a

vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United

States, authorized by law, including debts incurred for

payment of pensions and bounties for services in suppress-

ing insurrection or rebellion, shall not be questioned. But

neither the United States nor any State shall assume or

pay any debt or obligation incurred in aid of insurrection

or rebellion against the United States, or any claim for the

loss or emancipation of any slave; but all such debts,

obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by

appropriate legislation, the provisions of this article.

U.S. CONST. amend. XIV.

App. 221

42 U.S.C. § 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance,

regulation, custom, or usage, of any State or Territory or

the District of Columbia, subjects, or causes to be sub-

jected, any citizen of the United States or other person

within the jurisdiction thereof to the deprivation of any

rights, privileges, or immunities secured by the Constitu-

tion and laws, shall be liable to the party injured in an

action at law, suit in equity, or other proper proceeding for

redress, except that in any action brought against a

judicial officer for an act or omission taken in such officer’s

judicial capacity, injunctive relief shall not be granted

unless a declaratory decree was violated or declaratory

relief was unavailable. For the purposes of this section,

any Act of Congress applicable exclusively to the District

of Columbia shall be considered to be a statute of the

District of Columbia.

App. 222

State of Tennessee

PUBLIC CHAPTER NO. 794

HOUSE BILL NO. 2926

By Representatives Robinson, Buck

Substituted for: Senate Bill No. 2634

By Senator Haynes

AN ACT to amend Tennessee Code Annotated, Section

27-9-111, relative to judicial review of certain final orders or

judgments of a board or commission by requiring the hearing

and adjudication of the cases within a specified period.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF

THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 27-

9-111, is amended by adding the following language as a

new, appropriately designated subsection:

( ) if the final decision of a board or com-

mission revokes, suspends, or denies a license or

permit that is required prior to engaging in con-

duct, protected by the First Amendment to the

United States Constitution, and either the peti-

tioner or the respondent requests an expedited

hearing, the court shall hear the matter and is-

sue its decision within forty (40) days of the court

granting the writ of certiorari. When an expe-

dited hearing is requested, the board or commis-

sion shall forward the transcript described in

Tennessee Code Annotated, Section 27-9-109

within seven (7) days of the grant of the writ of

certiorari.

SECTION 2. This act shall take effect upon becom-

ing a law, the public welfare requiring it.

App. 223

HOUSE BILL NO. 2926

PASSED: April 9, 1998

/s/ Jimmy Naifeh

JIMMY NAIFEH, SPEAKER

HOUSE OF REPRESENTATIVES

/s/ John S. Wilder

JOHN S. WILDER

SPEAKER OF THE SENATE

APPROVED this 23rd day of April 1998

/s/ Don Sundquist

DON SUNDQUIST, GOVERNOR

App. 224

T.C.A. § 27-9-111 (2002). Hearings; findings

(a) At the expiration of ninety (90) days from the filing of

the transcript, the cause shall stand for trial, and shall be

heard and determined at the earliest practical date, as one

having precedence over other litigation, except suits

involving state, county or municipal revenue.

(b) The hearing shall be on the proof introduced before the

board or commission contained in the transcript, and upon

such other evidence as either party may desire to introduce.

sions of law to writing and make them parts of the record.

(d) In making such findings of fact, the judge shall weigh |

the evidence and determine the facts by the preponder-

ance of the proof.

(e) Ifthe final decision of a board or commission revokes,

suspends, or denies a license or permit that is required

prior to engaging in conduct protected by the First

Amendment to the Constitution of the United States, and

either the petitioner or the respondent requests an expe-

dited hearing, the court shall immediately grant the writ

of certiorari, and shall hear the matter and issue its

decision within forty (40) days of the court granting the

writ of certiorari. When an expedited hearing is requested,

the board or commission shall forward the transcript

described in § 27-9-109 within seven (7) days of the grant

of the writ of certiorari.

1951 Pub.Acts, c. 261, § 1; 1987 Pub.Acts, c. 28, §§ 1 to 3;

1998 Pub.Acts, c. 794, § 1, eff. April 23, 1998. Amended by

2002 Pub.Acts, c. 615, § 1.

Formerly 1932 Code, § 9014; § 27-911.

App. 225

HISTORICAL AND STATUTORY NOTES

2002 Pub.Acts, c. 615, § 1, deleted the first sentence of

subsec. (e), which formerly read: “If the final decision of a

board or commission revokes, suspends, or denies a license

or permit that is required prior to engaging in conduct

protected by the First Amendment to the Constitution if

the United States, and either the petitioner or the respon-

dent requests an expedited hearing, the court shall hear

the matter and issue its decision within forty (40) days of

the court granting the writ of certiorari” and replaced it

with the language “If the final decision of a board or

commission revokes, suspends, or denies a license or

permit that is required prior to engaging in conduct

protected by the First Amendment to the Constitution of

the United States, and either the petitioner or the respon-

dent requests an expedited hearing, the court shall imme-

diately grant the writ of certiorari, and shall hear the

matter and issue its decision within forty (40) days of the

court granting the writ of certiorari.”

2002 Pub.Acts, c. 615, § 2, provides:

“This act shall not take effect until such time as the

United States Supreme Court has denied the petition for a

writ of certiorari filed by the Metropolitan Government of

Nashville and Davidson County in the case of Deja vu, Inc.

v Metropolitan Government, 274 F.3d 377 (6th Cir. 2001),

or if the United States Supreme Court grants a writ of

certiorari, this act shall not take effect until such time as

the United States Supreme Court affirms the Sixth Cir-

cuit’s opinion on the issue of ‘prompt judicial review.’ If the

United States Supreme Court reverses the Sixth Circuit’s

opinion on ‘prompt judicial review’ this act shall never

take effect.”

App. 226

BILL NO. 097-796

AN ORDINANCE AMENDING TITLE 6 OF

THE METROPOLITAN CODE OF LAWS BY

ADDING A NEW CHAPTER 6.54, LICENSING

AND REGULATION OF ADULT ENTERTAIN-

MENT AND ADULT BUSINESSES.

WHEREAS, the Metropolitan County Council of the

Metropolitan Government of Nashville and Davidson

County (“Metropolitan Council”) may, pursuant to Section

2.01(40) of its Charter and the general laws of the State of

Tennessee, enact regulatory ordinances protecting and

promoting the general welfare, health, and safety of its

citizens; and,

WHEREAS, the Metropolitan Council has previously

enacted Sections 17.12.080(29), 17.60.020(C)(1), and

17.64.270 of the MCL which regulate the location of

sexually oriented businesses; and,

WHEREAS, since the adoption of the above-

referenced ordinances, the Metropolitan Council has

received and considered reports and recommendations

from employees, citizens, other local governments, and

other reputable sources and has determined that loca-

tional criteria alone do not adequately protect the health

and general welfare of the people of Metropolitan Nash-

ville Davidson County, and,

WHEREAS, the Metropolitan Council has determined

that permitting and/or licensing is a legitimate and rea-

sonable means of accountability to ensure that operators

of adult entertainment establishments comply with

reasonable regulations and to ensure that operators do not

knowingly allow their establishments to be used as places

for illegal sexual activity or solicitation; and,

App. 227

WHEREAS, it is not the Intent of this ordinance to

suppress any speech activities protected by the First

Amendment, but to enact a content neutral ordinance

which addresses the secondary effects of adult entertain-

ment establishments; and,

WHEREAS, it is not the intent of the Metropolitan

Council to condone or legitimize the distribution of obscene

materials, and the Metropolitan Council recognizes that

state and federal law prohibits the distribution of obscene

materials and expects and encourages state and federal

enforcement officials to enforce state and federal obscenity

statutes against any such illegal activities in Metropolitan

Davidson County; and,

WHEREAS, the locational requirements of the Adult

Entertainment Zoning Ordinance are unaffected by the

following amendment.

WHEREAS, the Metropolitan Council desires to

amend the Code of Laws of the Metropolitan Government

of Nashville and Davidson County (“MCL”) to regulate

adult entertainment establishments in order to promote

and secure the general welfare, health, and safety of the

citizens of Metropolitan Nashville and Davidson County.

NOW, THEREFORE, BE IT ENACTED BY THE

COUNCIL OF THE METROPOLITAN GOVERNMENT

OF NASHVILLE AND DAVIDSON COUNTY.

SECTION 1. Purpose and Findings.

(A.) PURPOSE. It is the purpose of this ordinance to

regulate adult entertainment establishments to promote

the health, safety, morals, and general welfare of the

citizens of Metropolitan Nashville Davidson County. The

provisions of this ordinance have neither the purpose nor

App. 228

effect of imposing a limitation or restriction on the content

of any communicative materials, including sexually

oriented materials or entertainment. Similarly, it is not

the intent nor effect of this ordinance to restrict or deny

access by adults to sexually oriented materials protected

by the First Amendment, or to deny access by the distribu-

tors and exhibitors of sexually oriented materials or

entertainment to their intended market.

(B.) FINDINGS. Based on evidence concerning the

adverse secondary effects of adult uses on the community

presented in hearings and reports made available to the

Metropolitan Council, and on findings incorporated in the

DLS d/b/a Diamonds and Lace Showbar v. The City of

Chattanooga, 107 F.3d 403 (6th Cir. 1997); DLS, Inc d/b/a

Diamonds and Lace Showbar v. City of Chattanooga, 914

F.Supp. 193 (E.D. Tenn. 1995); DLS, Inc d/b/a Diamonds

and Lace Showbar v City of Chattanooga, 894 F.Supp.

1140 (E.D. Tenn. 1995); City of Renton v. Playtime Thea-

ters. Inc., 475 U.S. 41 (1986); Coleman A. Young v. Ameri-

can Mini-Theaters, Inc., 427 U.S. 50 (1976); and studies

and judicial opinions concerning the adverse secondary

effects of adult uses on communities such as Austin,

Amarillo, and Beaumont, Texas; Phoenix and Tucson,

Arizona; Minnesota [see Report of the Attorney General’s

Working Group on the Regulation of Sexually Oriented

Businesses (June 6, 1989)], Seattle, Washington; [see

Northend Cinema, Inc. v. Seattle, 90 Wash.2d 709, 585

P.2d 1153 (1978)]; and Houston, Texas; [see SDJ, Inc. v.

City of Houston, 837 F.2d 1268 (5th Cir. 1988); as well as

newspaper articles [see Peep Shows Role Unregulated

(Tennessean, April 8, 1991)] reports from the Police De-

partment and reports from the Department of Health of

App. 229

the Metropolitan Government of Nashville and Davidson

County, the Metropolitan Council finds:

1. Unlawful and unhealthy activities that are occur-

ring within adult entertainment establishments are

presently uncontrolled by the operators of these estab-

lishments and, there is presently no mechanism to control

the unhealthy and unlawful activities that are occurring

within these establishments or to make the owners and

operators of these establishments responsible for the

activities that occur on their premises.

2. Certain employees of adult entertainment estab-

lishments in Davidson County engage in a higher inci-

dence of certain types sexually oriented criminal activity,

unhealthy and illegal sexual contact, and other unlawful

activities at these businesses than employees of other

establishments

3 Sexual acts, including homosexual and heterosex-

ual masturbatory acts and oral and anal sex acts, are a

regular occurrence at adult entertainment establishments

in Davidson County, especially those establishments

where there are private or semi-private booths or cubicles

for viewing films, videos, or live sex shows.

4. Offering and providing such space, areas and

rooms where such activities take place creates conditions

that generate prostitution and other crimes, as well as

unhealthy conditions.

5. Persons frequent certain adult theaters, adult

bookstores, and adult video stores for the purpose of

providing sex within the premises of such adult theaters,

adult bookstores, and adult video stores and patrons

frequent certain adult theaters, adult bookstores, adult

App. 230

nightclubs, and adult video stores for the purpose of

procuring prostitutes.

6. At least fifty communicable diseases may be

spread by activities currently occurring in adult enter-

tainment establishments, including, but not limited to,

syphilis, gonorrhea, human immuno-deficiency virus

infection (HIV), genital herpes, hepatitis B, hepatitis Non

A, hepatitis Non B, amebiasis, and shigella infections.

7. Since 1981 and to the present, there have been an

increasing cumulative number of reported cases of ac-

quired immuno-deficiency syndrome (AIDS) caused by the

human immuno-deficiency virus (HIV) in the United

States —

600 cases in 1982 8,555 in 1985 68,959 in 1994

2,200 in 1983 336,522 between 61,614 in 1995

4,600 in 1984 - 1986 and 1992 and 36,693 cases

77,641 in 1993 in 1996;

and in Tennessee —

3 cases in 1982 345in 1987 2,380 in 1992

7 in 1983 666 in 1988 1,308 in 1993

28 in 1984 1,012 in 1989 818 in 1994

70 in 1985 1,389 in 1990 1,018 in 1995

161 in 1986 1,820in 1991 and 965 cases in 1996;

and in Davidson County —

187 cases in 1992 207 in 1995

308 in 1993 153 in 1996.

177 in 1994

8. As of February 28, 1993, there have been 2,521

reported cases of AIDS in Tennessee, with 1,502 deaths

being reported. Of those 2,521 cases, 2,340 were males and

181 were females.

App. 231

9. The number of cases of early syphilis in the

United States has risen with

33,613 cases reported in 1982 27,883 in 1986

32,698 in 1983 35,147 in 1987

28,607 in 1984 40,117 in 1988

27,131 in 1985 44,540 in 1989

45,200 in 1990

10. The number of cases of early syphilis in Tennes-

see has grown with

1,150 in 1982

1,013 in 1983

1,014 in 1984

1,168 in 1985

1,160 in 1986

1,330 in 1987

2,766 in 1989

1,989 in 1990

2,011 in 1991

2,786 in 1992

2572 in 1993

2312 in 1994

1,910 in 1988 2,035 in 1995

and 1,807 in 1996

and in Davidson County syphilis cases reported annually

have risen with 101 cases in 1982 —

130 in 1988

104 in 1983 149 in 1993

86 in 1984 211 in 1989 100 in 1994

52 in 1985 515 in 1990 194 in 1995

87 in 1986 437 in 1991 292 in 1996

173 in 1987 388 in 1992

11. The number of cases of gonorrhea in the United

States reported annually remains at a high level, with

960,633 civilian cases reported in 1982 —

900,435 in 1983 780,905 in 1987

878,556 in 1984 719,536 in 1988

911,419 in 1985 733,151 in 1989

900,868 in 1986 and 611,932 through November 1990;

App. 232

and in Tennessee —

32,444 in 1982 23,740in 1987 15,197 in 1994

30,896 in 1983 19,336in 1988 13,894 in 1995

30,749 in 1984 19,557in 1989 11,710in 1996

32,110in 1985 56,763 through

26,455 in 1986 December 1992

14,285 in 1993

12. The number of cases of gonorrhea reported annu-

ally in Davidson County remains at a high level, with —

5,325 in 1982

4,744 in 1983

5,294 in 1984

5,202 in 1985

4,731 in 1986

3,846 in 1987

3,815 in 1988

3,409 in 1989

2,966 in 1990

2,701 in 1991

2,390 in 1992

2.388 in 1993

3110 in 1994

2,622 in 1995

2,033 in 1996.

13. The Surgeon-General of the United States in his

report of October 22, 1986, has advised the American

public that AIDS and HIV infection may be transmitted

through sexual contact, intravenous drug abuse, exposure

to infected blood and blood components, and from an

infected mother to her newborn.

14. According to the best scientific evidence, AIDS

and HIV infection, as well as syphilis and gonorrhea, are

principally transmitted by sexual acts.

15. According to the best scientific evidence, numer-

ous other diseases and infestations, including chlamydia,

pelvic inflammatory disease, chancroid, herpes, hepatitis

B, lympho-granuloma venereum, granuloma inguinale,

genital warts, trichomomasis, scabies, pediculosis, amebi-

asis, giardiasis, and others are transmitted by sexual acts.

16. Conditions in some adult entertainment estab-

lishments are unsanitary and unhealthy, in part, because

App. 233

the activities conducted there are unhealthy, and in part,

because the owners and operators of the facilities fail to

regulate the unhealthy and unsanitary activities and fail

to maintain the facilities in a sanitary and healthy condi-

tion.

17. The United States Center for Disease Control

has issued universal precautions, including housekeeping

and disinfection guidelines, for the prevention of transmis-

sion of the HIV virus and other diseases. These guidelines

should be followed anytime there is the potential for

exposure to blood and other body fluids.

18. Staff members of the police and health depart-

ments have observed semen, blood, fecal matter and urine

within the public areas of adult entertainment establish-

ments in Davidson County. These unhealthy conditions

are worse in areas within adult entertainment establish-

ments where persons view sexually oriented films, sexu-

ally oriented movies, adult videos or witness sexually

oriented live entertainment.

19 Permitting entertainers to be in close contact

with patrons initiates the exchange of money which may

reasonably be expected to serve as an opportunity to solicit

for and an inducement to agree to unprotected and/or

illegal sexual activity, including prostitution and thus

poses a threat to both groups by promoting the spread of

communicable diseases, and encouraging crime.

20. When the previously described activities charac-

teristic of adult entertainment establishments are present

within Davidson County, Tennessee, other activities which

are illegal or unhealthy tend to accompany them, concen-

trate around them and be aggravated by them. Such other

activities include, but are not limited to, prostitution,

App. 234

pandering, solicitation for prostitution, lewd and lascivious

behavior, exposing minors to harmful materials and

possession, distribution and transportation of obscene

materials.

21. The findings noted in paragraphs 1 through 20

raise substantial governmental concerns.

22. Adult entertainment establishments should be

reasonably regulated in order to protect those substantial

governmental concerns.

23. A reasonable licensure procedure is an appropri-

ate and effective mechanism to place the burden of that

reasonable regulation on the owners and operators of

adult entertainment establishments. Further, such a

licensing procedure will place a heretofore nonexistent

incentive on the operator to see that the adult entertain-

ment establishment is run in a manner that is consistent

with the health, safety and welfare of its patrons and

employees, as well as the citizens of Davidson County,

Tennessee. It is appropriate to require reasonable assur-

ances that the licensee is the actual operator of the adult

entertainment establishments, fully in possession and

control of the premises and the activities occurring

therein.

24. Removal of doors on booths — wherein patrons

view sexually oriented movies, sexually oriented films,

adult videos, or sexually oriented live entertainment — and

requiring sufficient lighting in premises with booths

advances the substantial governmental interest of curbing

the illegal and unsanitary sexual activity occurring at

adult entertainment establishments

App. 235

25 The prevention of sexual contact between patrons

and employees at adult entertainment establishments is

unrelated to the suppression of free expression, but serves

to address the concerns raised in the findings contained

herein.

26. Prohibiting dancers and patrons from engaging

in sexual fondling and caressing in adult theaters or adult

cabarets would reduce the opportunity for prostitution and

thus should deter prostitution and other crimes of a sexual

nature.

27. The disclosure of certain information by those

persons ultimately responsible for the day-to-day opera-

tion and maintenance of an adult entertainment estab-

lishment is substantially related to the significant

governmental interest of preventing the spread of sexu-

ally-transmitted diseases and reducing or eliminating the

criminal activity associated with adult entertainment

establishments.

28 It is desirable in the prevention of the spread of

communicable diseases and in the investigation of crimi-

nal activity, to obtain a limited amount of information

regarding certain operators and employees who either

engage in the conduct which this ordinance is designed to

prevent or are likely to be witnesses to such activity.

29. Asubstantial rational relationship between adult

entertainment establishments and sexually related crimes

establishes a compelling justification for barring those

persons who have committed crimes from the management

of such businesses.

30 The fact that an applicant for an adult use license

has been convicted of a sexually-related crime leads to a

App. 236

rational inference that the applicant is more likely to

engage in conduct in contravention of this ordinance.

31. The barring of such individuals from manage-

ment of adult uses for a period of years serves as a deter-

rent to and prevents the conduct which leads to the

transmission of sexually transmitted diseases and to the

promotion of that criminal activity associated with adult

uses.

32. The general welfare, health, and safety of the

citizens of Metropolitan Nashville and Davidson County

will be promoted by the enactment of this ordinance.

SECTION 2: Title 6 of the Code of Laws of The

Metropolitan Government of Nashville and Davidson

County is amended by adding a new Chapter 6.54.

6.54 Licensing and Regulation of Adult Business:

6.54.010 Definitions.

A. Definitions

For the purpose of this chapter, the words and

phrases used herein shall have the following mean-

ings, unless otherwise clearly indicated by the con-

text:

1. Adult entertainment means the regular pres-

entation, for a fee or incidentally to another ser-

vice, of material or exhibitions distinguished or

characterized by an emphasis on matter depict-

ing, describing, or relating to “specified sexual

activities” or “specified anatomical areas” as de-

fined below for observation by patrons therein.

2. Adult entertainment establishment means

any commercial establishment — including but

App. 237

not limited to: “adult bookstore”, “adult video

store”, “adult theater”, “adult nightclub”, sexual

encounter center, massage parlor, rap parlor, lin-

gerie modeling, or sauna — which for a fee or in-

cidentally to another service, regularly presents

material or exhibitior~ distinguished or character-

ized by an emphasis on matters depicting, describ-

ing, or relating to “specified sexual activities” or

“specified anatomical areas” as defined below for

observation by patrons therein. Adult entertain-

ment establishment further means any commercial

establishment to which the public patrons or mem-

bers are invited or admitted and which are so

physically arranged as to provide booths, cubi-

cles, rooms, compartments or stalls separate

from the common areas of the premises for the

purpose of viewing sexually oriented motion pic-

tures, sexually-oriented movies, sexually oriented

films, adult videos, or wherein an entertainer pro-

vides sexually oriented entertainment to a member

of the public, a patron or a member.

(a) Adult bookstore means an establish-

ment having any of its stock and trade in books,

magazines, other periodicals, or any other items

which are distinguished or characterized by their

emphasis on matter depicting, describing or re-

lating to “specified sexual activities” or “specified

anatomical areas” as defined below for observa-

tion 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, adult

videos, sexual y oriented films, or sexually ori-

ented live entertainment, for observation by pa-

trons therein.

App. 238

(b) Sexually oriented means any exhibition

of any motion pictures, films, videos, or live per-

formance, display or dance of any type, removal

of articles of clothing or appearing unclothed,

pantomime, modeling, or any other personal ser-

vice offered customers which has a significant or

substantial portion of such performance any ac-

tual or simulated performance of “specified sex-

ual activities” or exhibition and viewing of

“specified anatomical areas”.

ing regularly used for presenting films, motion

pictures, video cassettes, slides, or other photo-

graphic reproductions or other material depict-

ing, describing or relating to “specified sexual

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

fined below, for observation by patrons therein.

(d) Adult nightclub means a theater, con-

cert hall, auditorium, nightclub, bar, restaurant,

or similar commercial establishment which regu-

larly features live performances that are charac-

terized by any actual or simulated performance

of “specified sexual activities” or the exposure of

“specified anatomical areas,” as defined below.

(e) Adult video store means a commercial

establishment having any stock in “adult videos”

— as defined below — which are rented or sold and

presented for a fee or incidentally to another ser-

vice; or in conjunction therewith, regularly pre-

sents on the premises sexually oriented motion

pictures or sexually oriented films, “adult videos”,

or sexually oriented live exhibitions which are dis-

tinguished or characterized by an emphasis on

matter depicting, describing, or relating to “speci-

fied sexual activities” or “specified anatomical

App. 239

areas” as defined below for observation by pa-

trons therein.

(f) Adult videos means a-video, CD, laser

disk, or similar medium with a cover that depicts

“specified sexual activities” or “specified ana-

tomical areas” or a transparent or less than

opaque cover through which “specified sexual ac-

tivities” or “specified anatomical areas” can be

viewed.

3. Aggravated rape as defined in The Tennessee

Code Annotated § 39-15-502.

4. Aggravated sexual battery as defined in The

Tennessee Code Annotated § 39-15-504.

5 Employee means any and all persons, includ-

ing independent contractors, who work in or at or

render any services directly related to the opera-

tion of an adult entertainment establishment.

6 Entertainer means any person who provides

live entertainment within an adult entertain-

ment establishment as defined in this section,

whether or not a fee is charged or accepted for

entertainment and whether or not entertainment

is provided as an employee or an independent

contractor.

7. Indecent exposure as defined in The Tennes-

see Code Annotated § 39-15-511.

8. Location means a single site for which only

one use and occupancy permit would be required

9 The Metropolitan Area — General services dis-

trict of the Metropolitan Government of Nash-

ville and Davidson County

App. 240

10. The Metropolitan Council means the legis-

lative body of The Metropolitan Government of

Nashville and Davidson County, Tennessee

11. Obscenity as defined in The Tennessee Code

Annotated § 39-17-901(10) through (14).

12. Operator means any person, partnership, or

corporation operating, conducting or maintaining

an adult entertainment establishment.

13. Prostitution as defined in The Tennessee

Code Annotated § 39-13-512

14. Patronizing prostitution as defined in The

Tennessee Code Annotated § 39-15-13-512.

15 Promoting prostitution as defined in The

Tennessee Code Annotated § 39-15-13-512.

16 Rape as defined in The Tennessee Code An-

notated § 39-15-503.

17. Rape of a child as defined in The Tennessee

Code Annotated § 39-15-522

18. Sexual battery as defined in The Tennessee

Code Annotated § 39-15-505.

19. Sexual exploitation of a minor as defined in

The Tennessee Code Annotated § 39-17-1003,

§ 39-17-1004, and § 39-17-1005.

20. Specified sexual activities mean

(a) Human genitals in a state of sexual

stimulation or arousal;

(b) Acts of human masturbation, sexual in-

tercourse or sodomy;

App. 241

genitals, pubic region, buttock or female

breasts.

21. Specified anatomical areas mean:

(a) Less than completely and opaquely cov-

ered:

(i) Human genitals, pubic region,

(ii) Buttocks;

(iii) Female breasts below a point im-

mediately above the top of the areola;

and

(b) Human male genitals in a discernibly

turgid state, even if completely opaquely

covered

22. Statutory rape as defined to The Tennessee

Code Annotated § 39-15-506.

6.54.020 Adult Entertainment Licensing Board

A. Establishment

An adult entertainment licensing board is hereby cre-

ated and designated the metropolitan adult enter-

tainment 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 metropolitan council.

App. 242

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

attorney, and one of the five members shall be a

health provider.

3. Ofthe five members first appointed, two shall

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

appointed for a term of three years, and one shall be

appointed for a term 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 un-expired 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.

D. Meetings — Quorum required — Minutes and tran-

script

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 posi-

tions, shall be required to constitute a quorum for the

purpose of transacting business.

3. Minutes shall be kept of the meetings in

permanent form and a record shall be kept of the ac-

tion of the board with respect to every application for

a license and/or a permit. The concurring vote of a

majority of the members present and voting shall be

necessary for the granting, 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

App. 243

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 shal] be borne by

the person requesting the same.

E. Powers and duties.

1. The board shall have jurisdiction over the li-

censing, regulating and controlling of all adult enter-

tainment establishments as provided herein, located

in the metropolitan area.

2 The board may promulgate such bylaws, rules

and regulations not inconsistent with state law, the

metropolitan 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 ser-

vice status. The board shall prescribe the duties of

such inspectors so as to enforce the applicable provi-

sions 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 hear-

ing, 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.

App. 244

2. At the hearing, the party requesting the

hearing shall appear on his/her own behalf or be rep-

resented 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 Any decisions of the

board to deny a renewal, suspend, or revoke a li-

cense/permit shall not take effect earlier than ten (10)

days after the date the decision was rendered to allow

the effected party adequate time to seek judicial re-

view.

4. Minutes shall be kept of all proceedings be-

fore the board in permanent form and a record shall

be kept of the actions of the board with respect to all

hearings.

5 Arecord (which may consist of a tape or simi-

lar electronic recording) shall be made of all oral pro-

ceedings. 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.

6. Any party desiring a court reporter to be pre-

sent at the hearing must arrange for the court re-

porter to be present.

6.54.030 License Required.

A Except as provided in subsection F below, from

and after the effective date of this ordinance, no adult

entertainment establishment shall be operated or

maintained within the metropolitan area without first

obtaining a license to operate issued by the board.

App. 245

B. Any person, partnership, or corporation which

desires to operate more than one (1) adult entertain-

ment establishment must have a license for each es-

tablishment

C. Only one license nay be issued for each adult en-

tertainment establishment location.

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

ferred to any person, partnership or corporation.

E. It shall be unlawful for any entertainer or opera-

tor to work in or about, or to perform any service di-

rectly related to the operation of any unlicensed adult

entertainment establishment. It shall be unlawful for

any employee to knowingly work in or about, or to

knowingly perform any service directly related to the

operation of any unlicensed adult entertainment es-

tablishment while adult entertainment is being pre-

sented.

F All existing adult entertainment establishments

at the time of the passage of this ordinance must

submit an application for a license within one hun-

dred twenty (120) days of the effective date of this or-

dinance. If a license is not applied for within said one-

hundred-twenty day period, then such existing adult

entertainment establishment shall cease operations.

6.54.040 Application for license.

A. Application

1. Any person, partnership, corporation or any

other entity desiring to secure a license shall make

application to the board. The applicant shall file the

original application with six copies. The original ap-

plication shall be dated by the board and held in the

files of the board. A copy of the application shall be

App. 246

distributed promptly by the board to: the police de-

partment, the department of codes administration,

the health department, the fire Gepartment, and to

the applicant.

2 Application forms shall be available at the of-

fice of the board

3 The application form shall include all the in-

formation indicated in subsection 6.54.040(5)(a)

through (1).

4. The following persons must obtain a license:

any partner of a partnership who will participate in

the day to day operation of the business, any officer or

director of a corporate applicant, and any stockholder

holding a majority controlling percentage of the stock

of a corporate applicant and who will participate in

the day to day operation of the business.

5. The applicant shall furnish the following in-

formation under oath:

(a) Name and address, including all aliases

(business address is sufficient);

(b) Proof that the individual is at least eighteen

(18) years of age;

the past three (3) years (for the purpose of facili-

tating the police investigation into the applicants

criminal background);

(d) The business, occupation or employment of

the applicant for five (5) years immediately pre-

ceding the date of the application (for the pur-

pose of facilitating the police investigation into

the applicants criminal background);

App. 247

(e) Whether the applicant previously operated

in this or any other county, city or state under an

adult entertainment establishment license or

similar business license. Whether the applicant

has ever had such a license revoked or sus-

pended, the reason therefore, and the business

entity or trade name under which the applicant

operated that was subject to the suspension or

revocation; —

(f) All violations, convictions, or any or pleas of

nolo contendere to any crime of rape, aggravated

rape, aggravated sexual assault, statutory rape,

rape of a child, sexual exploitation of a minor, in-

decent exposure, prostitution, patronizing prosti-

tution, promoting prostitution, obscenity, or other

similar crimes of a sexual nature, or any crime

involving moral turpitude.

(g) All citations issued and sustained by a court

within the past two years for violations of any

provisions of the metropolitan zoning code appli-

cable to adult entertainment establishments, in-

cluding but not limited to sections 17.12.080(29),

17.60.020, 17.64.270.

(h) Fingerprints and two (2) portrait photo-

graphs at least two (2) inches by two (2) inches of

the applicant. (for the purpose of facilitating the

police investigation into the applicants criminal

background)

(i) The address of the adult entertainment es-

tablishment to be operated by the applicant.

(j) Ifthe applicant is a corporation the applica-

tion shall specify the name of the corporation the

date and state of incorporation the name and ad-

dress of the registered agent and the name and

App. 248

address of all officers and directors of the corpo-

ration, 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.

(k) If the applicant is a partnership, joint ven-

ture, or any other type of business the applica-

tion shall specify the name and address of all

persons who will be involved in the day to day

operation of the business

(1) A statement by the applicant that he/she is

familiar with the provisions of this ordinance and

is in compliance with them.

6 If the epplicant intends to have booth, stalls,

cubicles, or rooms on the premises for the purpose of

viewing sexually oriented movies, sexually oriented

films, or adult videos, or sexually oriented live exhibi-

tions, then along with the application, the applicant

shall provide the board with his/her application a dia-

gram, drawn to scale, of the premises including but

not limited to the location and layout of all booths,

stalls, cubicles, or rooms and the location of the

clerk/managers stand or counter. Though the diagram

shall be drawn to scale, it does not have to be profes-

sionally prepared

B. Inspections.

1. The police department, codes department,

fire department, and health department shall, upon

receipt of a copy of the application, inspect the prem-

ises to insure that the establishment complies with

the metropolitan code including the applicable zoning

ordinances, fire code statutes, ordinances and regula-

tions, and the health code statutes, ordinances and

regulations.

App. 249

2. If a diagram is required to be submitted un-

der 6.54.040(A)(6), then the code inspector shall con-

firm the layout of the booths, stalls, cubicles, or rooms

complies with the submitted diagram and the re-

quirements set out in 6.54.050(A)

3. The police department, codes department,

fire department, and health department shall com-

plete their respective inspections and shall communi-

cate the results of their respective inspections to the

board in writing within thirty (30) days of receipt of

the application. The writing shall end with one of the

following statements:

The location at

complies with the relevant and applicable code

sections and applicable rules and regulations of

the board.

The location at

does not comply with the relevant and applicable

code sections or does not comply with the relevant

and applicable rules and regulations of the

board. It is in violation of the following provi-

sions Section numbers of code violations

4, All ongoing businesses shall be inspected in

accordance with 6.54.040(B)(1) and (2) regardless of

whether the business already has a valid use and oc-

cupancy permit.

5. 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 Results.

1. Within twenty (20) days of receiving the

res’''ts of the investigation conducted by the police

App. 250

department, codes department, fire department, and

health department the board will meet and determine

if the applicant is in compliance with the applicable

statutes, ordinances, and regulations. If the board de-

termines that the applicant is in compliance with the

applicable statutes, ordinances, and regulations, in-

cluding but not limited to the zoning code, and the

applicant has not committed any of the crimes listed

in 6.54.040(A)(5)(f), 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 application then the board shall grant the license.

2. Any applicant convicted of or who pleaded

nolo contendere to any crime of rape, aggravated rape,

aggravated sexual assault, statutory rape, rape of a

child, sexual exploitation of a minor, indecent expo-

sure, prostitution, patronizing prostitution, promoting

prostitution, obscenity, or other similar crime of a

sexual nature, or any crime involving moral turpitude

in any jurisdiction shall be ineligible to receive a

permit for the time period described below. Such de-

nial and the reason for the denial shall be mailed to

the applicant within ten (10) days of receiving the re-

sults of the investigation. The applicant may re-apply

to the board once the time period has expired

(a) If the conviction or plea was for a misde-

meanor violation then the applicant shail be in-

eligible to receive a permit for two (2) years from

the date of the conviction plea, or release from

confinement imposed for the conviction which-

ever is later.

(b) If the conviction or plea was for a felony vio-

lation then the applicant shall be ineligible to re-

ceive a permit for five (5) years from the date of

the conviction, plea, or release from confinement

imposed for the conviction whichever is later.

App. 251

application to the date of the conviction, plea, or

release from confinement based on the convic-

tion.

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

application and the investigation information, that

the applicant has violated the provisions of the zoning

code applicable to adult entertainment within the

past two years, then the applicant is ineligible for a

license for one (1) year from the date the citation was

sustained. A violation of the zoning code shall be evi-

denced by a citation which has been sustained by any

court in the metropolitan area.

4. If a diagram is required under 6.54.040(A)(6)

and based on the code investigation, the board deter-

mines that the actual structure does not comply with

6 54 050(A) or the submitted diagram, then the appli-

cant is not in compliance with this code section and

the license shall be denied until the applicant is in

compliance.

5 If in the course of the investigation it is dis-

covered any false or misleading statement or informa-

tion was given on the application, or material facts

were omitted from the application, the board shall

deny the application.

(a) The applicant shall be ineligible to re-

ceive a permit for one (1) 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 any of the crimes listed in

6.54.040(A)(5)(f).

(b) If the misleading statements or omis-

sions referred to the age of the applicant, then the

applicant shall not be eligible to receive a license

App. 252

until all persons who will participate in the day

to day operation of the business are eighteen or

until one year has passed from the date of the

application which contained the misleading

statements or omissions whichever is longer.

sions referred to any of the crimes listed in

6 54.040(A)(5)(f), then the applicant shall not be

eligible to receive a permit until the time period

described in 6 54.040(C)(2)(a) through (c) has ex-

pired or until one year has passed from the date

of the application which contained the mislead-

ing statements or omissions whichever is longer

6. Within twenty (20) days of receiving the re-

sults of the investigation conducted by the police de-

partment, codes department, fire department, and

health department, if the board shall determine that

the applicant is not in compliance with the applicable

statutes, ordinances, and regulations, the applicant

shall be notified in writing that the license is denied

for failing to comply with applicable statutes, ordi-

nances, and regulations This notice shall specify the

violation If the applicant can come into compliance as

described m subsections 6.54.040(D) the denial shall

not take effect The notice shall also specify that the

applicant may request a hearing within ten (10) days

as described in 6.54.040(E), cure the violation within

fifteen (15) days and request re-inspection or request

an extension of time as described in 6.54.040(D..).

7 The board has the discretion to hold any and

all applications for further investigation if: (a) the ini-

tial investigation indicates a need for additional in- —

formation, or (b) the initial investigation requires

investigation into out of state records; or (c) verifica-

tion of out of state employment is needed. Such addi-

tional investigation shall not exceed an additional

App. 253

thirty (30) days, from the end of the initial twenty

(20) days specified in 6.54.040(C)(6), unless otherwise

agreed to by the applicant. Upon conclusion of such

additional investigation, the board shall advise the

applicant in writing whether the application is

granted or denied in accordance with this section.

8. Whenever an application is denied or held for

further investigation, the board shall advise the ap-

plicant in writing of the reasons for such action.

9. Failure or refusal of the applicant to give any

information relevant to the investigation of the appli-

cation, or his or her refusal or failure to appear at any

reasonable time and place for examination under oath

regarding said application or his or her refusal to

submit to or cooperate with any investigation re-

quired by this ordinance, shall constitute an admis-

sion by the applicant that he/she is ineligible for such

license 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 6.54.040(C)(7).

10. No license shall be issued unless the police

department has investigated the applicants criminal

history by entering the information included on the

application into the appropriate computer database or

otherwise obtaining the information. The results of

that investigation shall be filed in writing (this may

be the print-out given by the computer database) with

the board no later than thirty (30) days after the date

application was received by the police department.

This thirty (30) day period is the same thirty (30)

days described in 6.54.040(B)(3).

D. Extensions of Time for the Applicant

1. If the license is denied under subsection

6.54.040(C)(6), the applicant may re-institute his/her

App. 254

application by notifying the board in writing that

he/she has come into compliance and requests re-

inspection

(a) The applicant has fifteen (15) days from

the mailing of the notice, given in 6 54.040(C)(6)

to cure the violation and notify the board. If the

violations have been corrected within the fifteen

(15) day period, the owner has the responsibility

to contact the board.

(b) The board has five days to notify the

appropriate inspector that the applicant believes

he/she has come into compliance

propriate inspector shall return to the location

for re-inspection and shall submit another writ-

ten report as_ indicated in_ subsection

6.54.040(B)(3). The inspector has ten (10) days

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

re-inspect the premises and inform the board as

to whether the applicant has come into compli-

ance.

(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 is-

sue the license at the next regular meeting.

(e) Ifthe owner fails to either contact the ap-

propriate inspector to report that the code viola-

tions have been corrected or if the code violations

have not been corrected then the application is de-

nied in accordance with 6 54.040(C)(6)

2. If the process of curing the violation requires

more time than that provided in 6 54.040(D)(1), the

applicant may request an extension from the board If

App. 255

the applicant does not make such a request in the

time allotted the application is denied in accorda. ce

with 6.54 040(C)(6) and 6.54 040(D)(3).

(a) The request for an extension must be made

in writing within fifteen (15) days from the mail-

ing of the notice given in 6.54.040(C)(6).

(b) The board shall hear the applicants request

for an extension at the next regular meeting.

the same rules as set out in 6.54.020(G) except

that the decision of the board shall grant or deny

the extension and a decision to grant an exten-

sion shall take effect immediately.

(d) An extension shall only be granted when

board decides that the applicant has demon-

strated a good faith effort to make the necessary

repairs or cure the violation(s) in a timely man-

ner.

3. If the applicant fails to follow the procedure

set out in 6.54.040(D)(1) including the time limit or

fails to get an extension within the time allowed and

in accordance with 6.54.040(D)(2) then the application

is denied and the applicant must reapply to obtain a li-

cense. Following the procedure set out in 6.54.040(D)(1)

or 6.54.040(D)(2) requires no additional fees. Once the

deadlines to cure the violation or ask for an extension

of time have passed, the notice sent in 6.54.040(C)(6)

shall be treated as a denial of the license.

E. Denial of the License Application

1. When an application is denied, the applicant

has the right to request a hearing within ten (10)

days of notification.

App. 256

(a) The request shall be in writing and filed

with the board within ten (10) days of notifica-

tion of the denial.

(b) Once the request is received by the

board, the board shall schedule a hearing at the

next regular meeting of the board.

sent evidence as to why his/her license should

not be denied

(d) The board shall hear all relevant evi-

dence regarding the license application and the

denial and shall affirm or reject the denial of the

application at the hearing and in writing stating

the reasoning for the boards decision. Denial of

the application can be immediately appealed by

the applicant to the Chancery Court of Davidson

County. The metropolitan department of law may

initiate an action for a declaratory judgment

(e) The denial of the license shall be mailed

by US mail within ten (10) days to the address of

the applicant as listed on the application.

(f) Failure on the part of the applicant to

request a hearing within the time limit provided

is a waiver of the right to a hearing by the board.

This waiver has no effect whatsoever on the ap-

plicants right to appeal any denial to the Chan-

cery Court of Davidson County.

2. Any denial of an application for a license may

be immediately appealed to the Chancery Court of

Davidson County The metropolitan department of law

may institute proceedings for a declaratory judgment

App. 257

6.54.050 Standards for issuance of license.

A. Physical Layout of Adult Entertainment Establish-

ment.

1. Any adult entertainment establishment hav-

ing available for customers, patrons or members any

booth, room or cubicle for the private viewing of any

adult entertainment, including but not limited to

sexually oriented films, sexually oriented movies,

adult videos or sexually oriented live exhibitions,

shall submit a diagram under 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 fol-

lowing requirements:

2. Access. Each booth, room or cubicle shall be

totally accessible to and from aisles and public areas

of the adult entertainment establishment and shall be

unobstructed by any door, gate, lock or other control-

type devices.

3. Construction. Every booth, room or cubicle

shall meet the following construction requirements.

(a) Each booth, room or cubicle shall be

separated from adjacent booths, rooms and cubi-

cles and any nonpublic areas by a solid or opaque

wall:

(b) Have at least one side totally open to a

public lighted aisle so that there is an unob-

structed view at all times of anyone occupying

same,

openings, extended from the floor to a height of

not less than six feet and be light colored, nonab-

sorbent, smooth textured and easily cleanable;

App. 258

(d) The floor must be light colored, nonab-

sorbent, smooth textured and easily cleanable;

and

(e) The lighting level of each booth, room or

cubicle when not in use shall be a minimum of

ten (10) foot candles at all limes as measured

from the floor.

4. Occupants. Only one individual shall occupy

a booth, room or cubicle at any time. No occupant of

same shall engage in any type sexual activity, cause

any bodily discharge or litter while in the booth. No

individual shall damage or deface any portion of the

booth.

5. The provisions enunciated in subsections 1

through 3 of this section shall not apply to bathrooms

unless the bathroom contains any equipment which

would allow the viewing of sexually oriented films,

sexually oriented movies, adult videos or sexually ori-

ented live exhibitions.

B. The applicant.

1. To receive a license to operate an adult enter-

tainment establishment, an applicant must meet the

following standards.

(a) If the applicant is an individual the ap-

plicant shall be at least eighteen (18) years of

age

(b) If the applicant is a corporation all offi-

cers directors and stockholders required to be

named under section 6.54.040(A)(5)(j) shall be at

least eighteen (18) years of age;

venture, or any other type of organization where

two or more persons have a financial interest all

App. 259

persons having a financial interest in the busi-

ness and who have the ability to control or be in-

volved in the day to day operation of the business

shall be at least eighteen (18) years of age.

2 No individual applicant, no officer, director or

stockholder required to be named under Section

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

named under Section 6.54.040(A)(5)(k) who shall have

been convicted of or have plead nolo contendere to any

crime of rape. aggravated rape, aggravated sexual as-

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

tion of a minor, indecent exposure, prostitution,

patronizing prostitution, promoting prostitution, ob-

scenity, or other similar crime of a sexual nature, or

any crime involving moral turpitude in any jurisdic-

tion shall be eligible to receive a permit for the time

period described below.

(a) If the conviction or plea was for a mis-

demeanor violation then the applicant shall be

ineligible to receive a permit for two (2) years

from the date of the conviction, plea, or release

from confinement imposed for the conviction

whichever is later.

(b) If the conviction or plea was for a felony

violation then the applicant shall be ineligible to

receive a permit for five (5) years from the date of

the conviction, plea, or release from confinement

imposed for the conviction whichever is later.

the application to the date of the conviction, plea,

or release from confinement based on the convic-

tion.

3. The applicant shall not have given any false

or misleading information on the application, or omit-

ted any material facts from the application.

App. 260

(a) If the applicant gave any false or mis-

leading information or omitted any material

facts, than the applicant shall be ineligible to re-

ceive a license for one year from the date of the

application which contained the misleading state-

ments or omissions unless the omission or mislead-

ing statement referred to the age of the applicant

or any of the crimes listed in 6.54.050(B 2).

(b) If the misleading statements or omis-

sions referred to the age of the applicant, then

the applicant shall not be eligible to receive a li-

cense until he/she is eighteen or until one year

has passed from the date of the application

which contained the misleading statements or

omissions whichever is longer.

sions referred to any of the crimes listed in

6.54.050(B)(2) then the applicant shall not be eli-

gible to receive a permit until the time period de-

scribed in 6.54.050(B)(2)(a) through (c) has

expired or until one year has passed from the

date of the application which contained the mis-

leading statements or omissions whichever is

longer.

(d) If the misleading statements or omis-

sions referred to violations of the zoning code

then the applicant shall not be eligible to receive

a permit until the time period described in

6.54 050(B)(4) has expired or until one year has

passed from the date of the application which

contained the misleading statements or omis-

sions whichever is longer.

4. No applicant shall have been found to have

previously violated chapter 6.54 or violated the metro-

politan zoning code applicable to adult entertainment

App. 261

establishments, including but not limited to sections

17 12.080(29), 17.60.020, 17 64.270 as evidenced by ci-

tations issued and sustained by a court within one (1)

year immediately preceding the date of the applica-

tion. If such violations exist the applicant shall be in-

eligible for a license for one (1) year from the date the

citation was sustained

6.54.060 Permit Required.

In addition to the license requirements previously set

forth for owners and operators of adult entertainment

establishments no person shall be an entertainer in

an adult entertainment establishment without first

obtaining a valid permit issued by the board

6.54.070 Application for permit.

A. Application.

1. Any person desiring to secure a permit shall

make application to the board. The original applica-

tion with four copies shall be filed with and dated by

the board. A copy of the application shall be distrib-

uted promptly by the board to the metropolitan nash-

ville police department, and to the applicant.

2. The application for a permit shall be upon a

form provided by the board. An applicant for a permit

shall furnish the following information under oath:

(a) Name and address including all aliases,

(b) Written proof that the individual is at

least eighteen (18) years of age,

cant for the past three (3) years (for the purpose

App. 262

of facilitating the police investigation into the

applicants criminal background);

(d) The applicants height, weight, color of

eyes, and hair(for the purpose of facilitating the

police investigation into the applicants criminal

background);

(e) The business, occupation, or employ-

ment of the applicant for five (5) years immedi-

ately preceding the date of the application (for

the purpose of facilitating the police investiga-

tion into the applicants criminal background);

(f) Whether the applicant while previously

operating in this or any other city or state under

an adult entertainment establishment permit or

similar business for whom applicant’ was em-

ployed or associated at the time has ever had

such a permit revoked or suspended the reason

therefor and the business entity or trade name

for whom the applicant was employed or associ-

ated at the time of such suspension or revocation;

(g) Whether the applicant has ever been

convicted of or pleaded nolo contendere to any

and all crimes of rape, aggravated rape, aggra-

vated sexual assault, statutory rape, rape of a

child, sexual exploitation of a minor, indecent ex-

posure, prostitution, patronizing prostitution,

promoting prostitution, obscenity, or other simi-

lar crime of a sexual nature, or any crime involv-

ing moral turpitude in any jurisdiction;

(h) Fingerprints and two (2) portrait photo-

graphs at least two (2) inches by two (2) inches of

the applicant (for the purpose of facilitating the

police investigation into the applicants criminal

background); and

App. 263

(i) Astatement by the applicant that he/she

is familiar with the provisions of this ordinance

and is in compliance with them.

Standards for Issuance of Permit.

1 To receive a permit as an entertainer, an ap-

plicant must meet the following standards:

(a) The applicant shall be at least eighteen

(18) years of age;

(b) An applicant who has been convicted of

or who pleaded nolo contendere to any crime of

rape, aggravated rape, aggravated sexual assault,

statutory rape, rape of a child, sexual exploitation

of a minor, indecent exposure, prostitution, pa-

tronizing prostitution, promoting prostitution, ob-

scenity, or other similar crime of a sexual nature,

or any crime involving moral turpitude in any ju-

risdiction shall be ineligible to receive a permit

for the time period described below.

(i) If the conviction or plea was for a mis-

demeanor violation then the applicant shall

be ineligible to receive a permit for two (2)

years from the date of the conviction, plea,

or release from confinement imposed for the

conviction whichever is later.

(ii) If the conviction or plea was for a fel-

ony violation then the applicant shall be in-

eligible to receive a permit for five (5) years

from the date of the conviction, plea, or re-

lease from confinement imposed for the con-

viction whichever is later.

(iii) The time is computed from the date of

the application to the date of the conviction,

App. 264

plea, or release from confinement based on

the conviction.

false or misleading information on the applica-

tion, omitted any material facts from the applica-

tion.

(i) If the applicant gave any false or mis-

leading information or omitted any material

facts, then the applicant 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 re-

ferred to the age of the applicant or any of

the crimes listed in 6 54.070(A)\(2\(g)

(ii) If the misleading statements or omis-

sions referred to the age of the applicant,

then the applicant shall not be eligible to re-

ceive a permit until he/she is eighteen or un-

til one year has passed from the date of the

application which contained the misleading

statements or omissions whichever is longer

(iii) If the misleading statements or omis-

sions referred to any of the crimes listed on

6.54.070(A)(2)g) then the applicant shall

not be eligible to receive a permit until the

time period described in 6.54.070(B)(1)(b)(i)

through (iii) has expired or until one year

has passed from the date of the application

which contained the misleading statements

or omissions whichever is longer.

(d) The applicant shall not have been found

to violate any provision of chapter 6.54 within

one (1) year immediately preceding the date of

the application

App. 265

C Investigation.

The police department shall investigate the criminal

history of the applicant and submit this history in

writing (this may be the print-out generated by a

computer database) to the board within thirty (30)

days of receipt of the application by the police de-

partment.

D Board Action Based on the Investigation.

1. The board shall convene to review the appli-

cation and the police investigation report within fif-

teen (15) days of receiving the results of the

investigation conducted by the police department. If

the board determines, based on the application and

the report of the police department that the applicant

has not committed any of the crimes listed in

6.54 070(A)(2)(g), 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

application the board shall grant the permit to the

applicant at that meeting. Information regarding

prior residence shall never be the basis for the denial

of a permit.

2. Any applicant convicted of or who pleaded

nolo contendere to any crime of rape, aggravated sex-

ual assault, statutory rape, rape of a child, sexual ex-

ploitation of a minor, indecent exposure, prostitution,

patronizing prostitution, promoting prostitution, ob-

scenity, or other similar crime of a sexual nature, or

any crime involving moral turpitude in any jurisdic-

tion shall be ineligible to receive a permit for the time

period described below. Such denial and the reason

for the denial shall be mailed to the applicant with

in ten (10) days of the meeting described above in

6.54.070(D)(1). The applicant may re-apply to the

App. 266

board once the time period described below has ex-

pired.

(a) If the conviction or plea was for a mis-

demeanor violation then the applicant shall be

ineligible to receive a permit for two (2) years

from the date of the conviction, plea, or release

from confinement imposed for the conviction

whichever is later.

(b) Ifthe conviction or plea was for a felony

violation then the applicant shall be ineligible to

receive a permit for five (5) years from the date of

the conviction, plea, or release from confinement

imposed for the conviction whichever is later.

the application to the date of the conviction, plea,

or release from confinement based on the convic-

tion.

3. If in the course of the investigation it is dis-

covered any false or misleading statements or infor-

mation was given on the application, or material facts

were omitted from the application, the board shall

deny the application.

(a) The applicant shall be ineligible to re-

ceive 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 any of the crimes listed in

6.54.070(A)(2)(g).

(b) If the misleading statements or omis-

sions 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

App. 267

which contained the misleading statements or

omissions whichever is longer.

sions referred to any of the crimes listed in

6.54.070(A)(2)(g) then the applicant shall not be

eligible to receive a permit until the time period

described in 6.54.070(D)(2)(a) through (c) has ex-

pired or until one year has passed from the date

of the application which contained the mislead-

ing statements or omissions whichever is longer.

4. The board may hold any and all applications

for further investigation if (a) the initial investigation

indicates a need for additional information; or (b) the

initial investigation requires investigation into out-of-

state records, or (c) verification of out of state em-

ployment is needed Such additional investigation

shall not exceed an additional thirty (30) days unless

otherwise agreed to by the applicant. Upon conclusion

of such additional investigation, the board shall ad-

vise the applicant in writing whether the application

is granted or denied in accordance with this section.

5. Whenever an application is denied or held for

further investigation, the board shall advise the ap-

plicant in writing of the reasons for such action.

6 When an application is denied, the applicant

has the right to requests a hearing within ten (10)

days of receipt of notification of the denial.

(a) The request shall be in writing and filed

with the board within ten (10) days of receipt of

notification of the denial.

(b) Once the request is received by the

board, the hearing will be held at the next regu-

lar meeting of the board.

App. 268

sent evidence as to why his/her permit should not

be denied.

(d) The board shall hear evidence on the is-

sues and shall affirm or reject the denial of an

application at the hearing and in writing stating

the reasoning for the boards decision.

(e) The denial of the permit shall be mailed

by US mail within ten (10) days to the address of

the applicant as listed on the application.

(f) Failure on the part of the applicant to

request a hearing within the time limit provided

is a waiver of the right to a hearing by the board.

This waiver has no effect whatsoever on the ap-

plicants right to appeal any denial to the Chan-

cery Court of Davidson County.

7. Any denial of the application for a permit

may be immediately appealed to the Chancery Court

of Davidson County. The metropolitan department of

law may also initiate proceedings for a declaratory

judgment in the Chancery Court of Davidson County.

8. Failure or refusal of the applicant to give any

information relevant to the investigation of the appli-

cation or his or her refusal or failure to appear at any

reasonable time and place for examination under oath

regarding said application or his/her refusal to submit

to or cooperate with any investigation required by

this ordinance 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

provision in no way requires the applicant to agree to

any extensions beyond the extension described in

6.54.070(D)(4).

App. 269

6.54.080 Fees.

A. A license fee of five hundred dollars ($500.00)

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 one hundred dollars ($100.00)

shall be submitted with the application for a permit.

If the application is denied one-half ('/2) of the fee

shall be returned.

6.54.090 Display of license or permit.

A. The license shall be displayed in a conspicuous

public place in the adult entertainment establish-

ment.

B_ The permit shall be carried by or be accessible to

the entertainer during that entertainer’s working

hours and shall be displayed upon request of any cus-

tomer, any member of the police department, or any

person designated by the board

C. If the business for which a license was issued

ceases to exist in that a majority of the business as-

sets have been liquidated, or the business has closed

and ceased operations, then the license shall be

turned into the board.

6.54.100 Renewal of license or permit.

A. Every license/permit issued pursuant to this or-

dinance will terminate at the expiration of one (1)

year from the date of issuance unless sooner revoked

and must be renewed before operation is allowed in

the following year

App. 270

B. Any operator desiring to renew a license or any

entertainer desiring to renew a permit shall make

application to the board The application for renewal

must be filed not later than sixty days (60) days be-

fore the license/permit expires. The original applica-

tion for renewal plus six copies 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 applica-

tion. 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.

E The renewal form shall be the same form de-

scribed in 6.54.040(A) for a license and 6.54.070(A) for

a permit except as indicated below in subsection

6.54.100(H).

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.

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 con-

tained in the renewal form and the information at-

tached from the prior year.

H. The renewal application form shall be the same

form described in 6.54.040(A) for a license or

6.54.070(A) for a permit except the final line shall state:

I swear the information I have given in the appli-

cation from 199_ is still accurate and any facts or

App. 271

circumstances which have changed are indicated

in this application for a renewal of the license/

permit

signature of applicant

I. A license renewal fee of five hundred dollars

($500.00) shall be submitted with the application for

renewal. In addition to the renewal fee, a late penalty

of one hundred dollars ($100.00) shall be assessed

against the applicant who files for a renewal less than

sixty (60) days before the license expires. If the appli-

cation is denied, one-half ('/2) of the fee collected shall

be returned

J. A permit renewal fee of one hundred dollars

($100.00) shall be submitted with the application for

renewal. In addition to said renewal fee, a late pen-

alty of fifty dollars ($50.00) shall be assessed against

the applicant who files for renewal less than sixty (60)

days before the license expires. If the application is

denied, one-half ('/2) of the fee shall be returned.

K The application for a renewal is subject to the

same rules and limitations including the time limits de-

scribed for the initial application including subsections

6 54.040, 6.54 050, 6.54.070, and 6.54.140 (causes for

revoking a license/permit) Giving false or misleading in-

formation or omitting material information on a re-

newal application is grounds for denying the renewal

of the license/permit.

L. Denial of an application to renew a license/permit

can be appealed to the board

1. A hearing by the board shall be re-

quested, by the applicant or the applicants agent,

within ten days of the denial for the renewal.

App. 272

2 The board shall hold the hearing at the

next regular meeting where the applicant will be

given an opportunity to testify and cross examine

all witnesses.

3. The previous license/permit shall con-

tinue to be valid until the board has rendered a

decision and the ten days required in subsection

6.54.020(G)(3) have passed.

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

may be appealed to the Chancery Court of Davidson

County by the applicant. The metropolitan depart-

ment of law may initiate proceedings for a declaratory

judgment in the Chancery Court for Davidson County.

6.54.110 Hours of operation.

A. All adult entertainment establishments shall be

closed between the hours of 2:00 a.m. and 6:00 a.m.

Monday through Saturday and between the hours of

3:00 a.m. and 12:00 noon on Sundays.

B. All public areas of every adult entertainment es-

tablishments shall be open to inspection at any time

during normal business hours by the following de-

partments: police, codes, fire, and health.

6.54.120 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 vio-

lation of the provisions of this ordinance shall be

deemed the act or omission of the operator for pur-

poses of determining whether the operator’s license

shall be revoked, suspended, or renewed subject to

the limit described in subsection 6.54.140(11)

App. 273

B There shall be posted and conspicuously displayed

in the common areas of each adult entertainment es-

tablishment a list of any and all entertainment pro-

vided on the premises Such list shall further indicate

the specific fee or charge in dollar amounts for each

entertainment listed. Viewing sexually oriented mo-

tion pictures, sexually oriented films, sexually ori-

ented movies, sexually oriented live entertainment or

adult videos shall be considered entertainment.

C No employee of an adult entertainment estab-

lishment shall allow any minor to loiter around or to

frequent an adult entertainment establishment or to

allow any minor to view adult entertainment as

deemed herein.

D. Every adult entertainment establishment shall

be physically arranged in such a manner that the en-

tire interior portion of the booths, cubicles, rooms or

stalls, wherein adult entertainment is provided, shall

be visible from the common area of the premises hav-

ing at least one side totally open to a public lighted

aisle so that there is an unobstructed view at all

times of anyone occupying same. Visibility shall not

be blocked or obscured by doors, curtains, partitions,

drapes, or any other obstruction whatsoever. Further

any wall forming any portion of the booths, cubicles,

rooms or stalls shall be solid and without any open-

ings, extended from the floor to a height of not less

than six feet. This section shall be construed in con-

junction with 6.54 050(A)

E It shall be unlawful to install enclosed booths, cu-

bicles, rooms or stalls for the purpose of secluded

viewing of sexually oriented motion pictures, sexually

oriented movies, sexually oriented films or adult vid-

eos or sexually oriented live entertainment

App. 274

F The operator shall be responsible for and shall

provide that any booth, cubicle, room, stall or area

used for the purpose of viewing sexually oriented mo-

tion pictures, sexually oriented movies, sexually ori-

ented films or adult videos or sexually oriented live

entertainment shall be readily accessible at all times

and shall be continuously opened to view in its en-

tirety.

G. No operator, entertainer of an adult entertain-

ment establishment shall demand or collect all or any

portion of a fee for entertainment before its comple-

tion. This provision does not apply to any fee charged

at the door for admittance to the premises, or any fee

charged for food or beverages.

H. A sign shall be conspicuously displayed in the

common area of the premises, and shall read as fol-

lows:

This Adult Entertainment Establishment is regu-

lated by The Metropolitan Code of Nashville and

Davidson County (Code Section #s). Entertainers

Are

a Not permitted to engage in any type of sex-

ual conduct;

b Not permitted to demand or collect all or

any portion of a fee for entertainment before its com-

pletion

I. It shall be the duty of the operator, all entertain-

ers and employees, on the premises for furthering the

business, not including independent contractors on

the premises for repairs or construction, to ensure

that the line of sight and view area between the main

floor area and any stalls, booths, cubicles, or rooms

remains unobstructed by any doors, walls, merchan-

dise, display racks or other materials at all times that

App. 275

any patron is permitted access to any room, booth,

stall, or cubicle.

J. It shall be the duty of the operator, all entertain-

ers 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 described above is maintained

at all times that any patron is present on the prem-

ises.

K No operator, entertainer or employee on the prem-

ises for furthering the business not including inde-

pendent contractors on the premises for repairs or

construction, shall allow openings of any kind to exist

between viewing rooms, booths, stalls or cubicles, and

no person shall make or attempt to make an opening

of any kind between viewing rooms, booths, stalls or

cubicles.

L. The operator or his/her agent shall, during each

business day, regularly inspect the walls between the

viewing rooms, booths, stalls or cubicles 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 viewing room, booth, stall or cubicle where an

opening or a hole exists. It shall be the duty of the op-

erator to ensure those rooms are unoccupied by pa-

trons until the opening is repaired and covered.

6.54.130 Prohibitions and unlawful sexual acts.

A. No operator, entertainer, or employee of an adult

entertainment establishment shall permit to be per-

formed, offer to perform, perform, or allow customers

employees or entertainers to perform sexual inter-

course or oral or anal copulation or other contact

stimulation of the genitalia.

App. 276

B No operator, entertainer, or employee shall en-

courage or permit any person upon the premises to

touch caress or fondle the breasts, buttocks, anus, or

genitals of any other person

C. No entertainer, employee, or customer shall be

permitted to have any physical contact with any other

entertainer, employee, or customer on the premises

during any performance All performances shall only

occur upon a stage at least eighteen inches (18) above

the immediate floor level and removed at least six (6)

feet from the nearest customer.

6.54.140 Revocation or suspension of license/permit.

A. The board shall revoke a license or permit for any

of the following reasons:

1. Discovery that false or misleading in-

formation or data was given on any application,

or material facts were omitted from any applica-

tion,

2. The operator or entertainer becomes in-

eligible to obtain a license or permit under

6.54.050(B) and 6.54.070(B).

3. Any cost or fee required to be paid by

this ordinance is not paid;

4. An operator employs an entertainer who

does not have a permit or provides space on the

premises whether by lease or otherwise to an in-

dependent contractor who performs or works as

an entertainer without a permit;

5. Any intoxicating liquor, cereal malt bev-

erage, narcotic, or controlled substance is sold or

allowed to be sold on the licensed premises;

App. 277

6. Any operator employee or entertainer

sells, furnishes, gives, displays, or causes to be

sold, furnished, given, or displayed to any minor

any adult entertainment or sexually oriented

material,

7. Any operator, employee, or entertainer

denies access to law enforcement personnel dur-

ing business hours to any portion of the licensed

premises wherein adult entertainment is permit-

ted or to any portion of the licensed premises

wherein adult material is displayed or sold;

8. Any operator allows continuing viola-

tions of the metropolitan code or the rules and

regulations of the following departments: health,

codes, fire, or zoning, or any violations of this

chapter.

9. Any operator fails to maintain the li-

censed premises in a clean, sanitary and safe

condition in accordance with the applicable stat-

utes, ordinances, and regulations of the federal,

state, and local governments.

10. The attempted transfer of a license/

permit or any interest in a license/permit shall

automatically and immediately revoke the li-

cense

In the case of a first offense by an operator where

the conduct was solely that of an entertainer the pen-

alty shall not exceed a suspension of thirty (30) days

if the board shall find that the operator had no actual

or constructive knowledge of such violation and could

not by the exercise of due diligence have had such ac-

tual or constructive knowledge.

App. 278

C Any and all other violations of this chapter shall

be subject to either a fine or a suspension or both a

fine and a suspension.

D The board shall follow the following procedure for

revoking or suspending a license or a permit.

1. Before revoking or suspending any li-

cense or permit the board shall give the operator

or entertainer least ten (10) days written notice

of the charges against him/her. In such cases the

charges shall be specific and in writing except

under 6.54.140(A)(10) above

2. The licensee/permittee shall have the

opportunity for a hearing before the board at

which time the operator or entertainer may pre-

sent evidence bearing upon the question of sus-

pension/revocation. The licensee/permittee has

fifteen days from the receipt of the notice de-

scribed above in 6.54.140(D)(1) to notify the

board that he/she wishes to have a hearing.

3. The board shall hear all the evidence

pertaining to the revocation or suspension at the

next regular meeting.

4. If the licensee/permittee fails to request

a hearing before the board within the fifteen

days described in 6.54.140(D)(2) he/she will have

waived the right to a hearing by the board. This

has no effect, whatsoever, on the licensee’s/

permittee’s right to appeal any revocation to the

Chancery Court of Davidson County.

5 If the licensee/permittee requests a hear-

ing the license/permit shall remain in effect and

valid during the appeal to the board until such

time as the hearing is held. Further if the

App. 279

license/permit is suspended or revoked the sus-

pension/revocation shall not go into effect until

the minimum ten (10) day waiting period has

passed as described in 6.54.020(G)(3).

E. Any operator or entertainer whose license or

permit is revoked shall not be eligible to receive a li-

cense or permit for one (1) year from the date of revo-

cation

6.54.150 Penalties and prosecutions.

A. Any individual, partnership, or corporation vio-

lating any of the provisions of this chapter shall! be

subject to any of the following penalties:

1. $500 00 for each offense; and/or

2. a suspension of any license/permit for a

specified period of time for each offense; or

3. revocation of any license/permit for any

conduct listed in subsection 6.54.140.

B. The penalty of suspension may not be combined

with revocation A fine alone can be a penalty or it

may be combined with a suspension.

C. Each violation of this ordinance shall be consid-

ered a separate offense and any continuing violation

shall be considered a separate offense for each day of

the violation

6.54.160 Remedies.

Any revocation or suspension of a license or a permit

or any denial of a license or a permit or any denial to

renew a license or a permit under the provisions of this

chapter may be immediately appealed to the Chancery

Court of Davidson County by the of Davidson County

App. 280

by the applicant. Any fine levied under the provisions

of this section may be immediately appealed to the

Chancery Court of Davidson County by the applicant.

The metropolitan department of law may institute

proceedings for a declaratory judgment in the Chan-

cery Court of Davidson County.

6.54.180 Invalidity of part.

Should any court of competent jurisdiction declare

any section, clause, or provision of this ordinance to

be unconstitutional, or any other ordinance of the

metropolitan government unconstitutional, such deci-

sion shall effect only such section, clause, provision,

or ordinance so declared unconstitutional, and shall

not effect any other section, clause or provision of this

ordinance.

SECTION 2: No application for a license or a permit

shall be accepted or demanded until August 1, 1997.

SECTION 3: 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 LEGALITY INTRODUCED BY:

OF FORM AND COMPOSITION:

/s/ Shayna Abrams /s/ {Ilegible]

Metropolitan Attorney /s/ [Iegible]

/s/ [IMegible] /s/ [Mlegible]

/s/ {Illegible] /s/ [I}egible]

/s/ (Mlegible] /s/ [Illegible]

/s/ (Illegible} /s/ [Illegible]

/s/ {Ilegible] /s/ [Illegible]

/s/ [Illegible] /s/ [Ilegible]

/s/ (Mlegible] /s/ [Illegible|

/s/ {Ilegible} /s/ [Illegible]

App. 281

/s/ [Ilegible] /s/ [Illegible]

/s/ [Megible] /s/ [Illegible]

/s/ (INegible] /s/ [Illegible]

/s/ (IMegible] /s/ [Tllegible]

/s/ {IMegible] /s/ [Iegible]

/s/ {Megible]

APPROVED AS TO MEMBERS OF COUNCIL

AVAILABILITY OF FUNDS: /s/ (Tlegible]

/s/ (Iegible]

I, being under oath, do certify this is a true and

exact copy of Ordinance No 097-796 of The Met-

ropolitan Government of Nashville and Davidson

County, Tennessee which passed third and final

reading on August 19, 1997, at the meeting of the

Metropolitan Council held on that date, and is

now recorded in Book No. M59, Page 160.

Witness my hand and the Seal of The Metropoli-

tan Government of Nashville and Davidson

County, Tennessee, this 25th day of August,

1997.

/s/ {Illegible]

Metropolitan Clerk

STATE OF TENNESSEE _ )

COUNTY OF DAVIDSON __)

Sworn to and subscribed before me, by Marilyn S. Swing,

this 25th day of August, 1997.

/s/ {IMegible]

Notary Public

My Commission expires 09/27/97

App. 282

DUPLICATE

METROPOLITAN COUNTY COUNCIL

Bill No. 097-796

AN ORDINANCE AMENDING TITLE 6 OF THE

METROPOLITAN CODE OF LAWS BY ADDING A

NEW CHAPTER 6.54, LICENSING AND REGULA-

TION OF ADULT ENTERTAINMENT AND ADULT

BUSINESSES.

(Filed May 27, 1997)

_—

Introduced JUN 3 1997

Passed first Reading JUN 3 1997

Referred to BUDGET & FINANCE; CODES;

PUBLIC SAFETY; HEALTH, HOSPITALS &

SOCIAL SERVICES COMMITTEES

Amended DEFERRED JUN 17 1997 AMENDED

& DEFERRED INDEFINITELY JUL 15 1997

AMENDED & Passed second Reading AUG 7 1997

Referred to

Passed third Reading AUG 19 1997

Approved AUG 25 1997

By [Illegible]

Metropolitan Mayor

Departments Notified

App. 283

Advertised

Amendment No. _1

Bill No. 097-796

Mr. President:

I move to amend Bill No. 097-796 by adding a new

sub-paragraph F to Section 6.54.070 to read as follows:

F. The permit carried by the entertainer shall

contain only the following information: 1) A

photo identification as provided by the ap-

plicant. 2) Acomputer generated number as-

signed to each applicant, corresponding to

the file maintained on each applicant by the

adult entertainment licensing board, and 3)

The applicant’s date of birth as indicated on

the application.

INTRODUCED BY:

/s/_ Chris Ferrell

Member of Council

ADOPTED: JULY 15, 1997

AMENDMENT NO. __ 2

BILL NO. 097-796

Mr. President:

I move to amend Bill No. 097-796 by deleting the

words “August 1” wherein it appears in Section 2,

App. 284

on page 25, and placing in lieu thereof the words

“November 1.”

INTRODUCED By:

/s/_ Chris Ferrell

Member of Council

ADOPTED: JULY 15, 1997

AMENDMENT NO. _ 3

BILL NO. 097-796

Mr. President:

I move to amend Bill No. 097-796 Section 2, by

amending Section 6.54.010(A)(2) as follows:

1. Delete the definition of adult bookstore in Sec-

tion 6.54.010(A)(2)(a) and substitute a new definition

as follows:

(a) Adult bookstore means an establishment

having a majority of its stock and trade or a majority

of its floor space in books, magazines, other periodi-

cals, 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 below for

observation of the patrons therein; or in conjunction

therewith has facilities for the presentation of sexu-

ally oriented entertainment, including but not limited

to sexually oriented movies, adult videos, sexually ori-

ented films, or sexually oriented live entertainment,

for observation by patrons therein.

App. 285

2. Delete the definition of adult video store in

Section 6.54.010(A)(2)(e) and substituting a new

definition as follows:

(e) Adult video score means a commercial estab-

lishment having a majority of its stock or a majority

of its floor space dedicated to “adult videos” — as de-

fined below — which are rented or sold or presented

for a fee or incidentally to another service; or in con-

junction therewith, regularly presents on the prem-

ises sexually oriented motion pictures or sexually

oriented films, “adult videos”, or sexually oriented live

exhibitions which are distinguished or characterized

by an emphasis on matter depicting, describing, or re-

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

tomical areas” as defined below for observation by

patrons therein.

INTRODUCED BY:

/s/_ Chris Ferrell

Member of Council

ADOPTED: JULY 15, 1997

AMENDMENT NO. 4

BILL NO. 097-796

Mr. President:

I move to amend Bill No. 097-796 by adding the

words “on the premises for furthering the business

but not including independent contractors on the

premises for repairs and construction” after the

word “employee” and before “, or customer shall be

App. 286

permitted” wherein it appears in 6.54.130(C) Section

INTRODUCED BY:

/s/_ Chris Ferrell

Member of Council

ADOPTED: JULY 15, 1997

AMENDMENT NO. _5 |

ORDINANCE NO. 097-796

Mr. President:

I move to amend Ordinance No. 097-796 as follows:

(1) By amending Section 6.54.110 of the Ordinance by

adding a new Subsection (C) as follows:

“(C) That Subsection (A) shall have no ap-

plication to any premises within the histori-

cally significant area as defined in Section

6.54.130(D).”

(2) By amending Section 6.54.130 of the Ordinance by

adding a new Subsection (D) as follows:

“(D) Subsection (C) shall have no application

to any premises wherein the building is less

that twenty (20) feet in width and the ceil-

ings support joyces of the premises are no

more than 7-1/2 (seven and one-half) feet

from the floor and which premises are lo-

cated in a historically significant area and

the business on said premises has been in

operation for at least five (5) years.

App. 287

Historically Significant Area for this pur-

pose shall be defined as follows: That area

of downtown Metropolitan Nashville bound

by Second Avenue North, Church Street,

Fourth Avenue North, and Union Streets.”

INTRODUCED BY:

/s/ [Ilegible]

Member of Council

ADOPTED: JULY 15, 1997

AMENDMENT NO. __ 6

BILL NO. 097-796

Mr. President:

T move to amend Bill No 097-796 by

Deleting 6 54.110(C) which states

Subsection (A) shall have no application to any

premises within the historically significant area as

defined in Section 6.54.130(D)

Deleting 6.54 130(D) which states

Subsection (C) above shall have no application to any

premises wherein the building is less than twenty

(20) feet in width and the ceilings support joists of the

premises are no more that 7'/ (seven and one-half)

feet from the floor, and which premises are located in

a historically significant area and the business on

said premises has been in operation for at least five

(5) years

App. 288

Historically significant Area for this purpose shall be

defined as follows: That area of downtown Metropoli-

tan Nashville bound by Second Avenue North, Church

Street, Fourth Avenue North, and Union Streets

3 Amending Section 6 54 130(C) by deleting the word “six

(6)” after “and removed at least” but before “feet from the

nearest customer” and placing in lieu thereof the word

“three (3)”

4 Amending Section 6 54 130(A) by adding the words “on

the premises” after the words “of the genitalia”

5 Amending Sections 6 54.040(E)(2), 654070(D)7),

6 54 100(M), and 6 54 160 by adding the sentence “If the

applicant or the permitee/licensee chooses to appeal by

filing a writ of certiorari then The Metropolitan Govern-

ment shall file the record of all proceedings to date (the

date of the filing) with the court within ten (10) days from

the date the Metropolitan Government was served” at the

end of the paragraph

6. Amending Section 6 54.030(F) by deleting the words

“at the time of the passage of this ordinance” after the

words “All existing adult entertainment establishments”

amd before the words “must submit an application” By

further amending Section 6 54 030(F) by adding subsec-

tion 1 and 2 as follows

1 All businesses which apply for a license

within the one-hundred-twenty day period may

continue to operate the adult business described

in the application until the board has heard the

application and voted to grant or deny the appli-

cation as described in 6 54 040

2. Any appeal regarding the denial of the appli-

cation shall be in accordance with 6.54.040(E)(2)

App. 289

7. Amending Section 6.54.060 by lettering the existing

paragraph as Section “A” and adding a Section “B” and a

Section “C” as follows

B_ All entertainers wishing to perform adult en-

tertainment at an adult entertainment estab-

lishment shall have forty-five days from the date

this ordnance becomes effective to obtain and

submit an application for a permit All entertain-

ers which apply for a permit within the forty-five

day period may continue to operate at an adult

entertainment establishment until the board has

heard the application and voted to grant or deny

the application

C. If the application any appeal regarding the

denial of the application shall be in accordance

with 6.54 070(D)(6) and (7)”

8 Amending section 6.54.110 by deleting the time “2 00

am” and substituting in lieu thereof the time “3 00 am”

after the words “between the hours of” and before “and

6 00 am” and by deleting the time “6 00 am” and substitut-

ing in lieu thereof the time “8 00 am” after the word “and”

and before the words “Monday through Saturday”

INTRODUCED BY

/s/_ {Illegible]

Member of Council

/s/ [Illegible]

ADOPTED: AUGUST 7, 1997

App. 290

AMENDMENT NO. _7

BILL NO. 097-796

Mr. President:

I move to amend Bill No. 097-796 by

1. Deleting the words “adult entertainment” and substi-

tuting in lieu thereof the words “sexually oriented” wher-

ever the words appear in the ordinance except as specified

below.

2. Deleting the words “adult entertainment establish-

ment” and substituting in lieu thereof the words “sexually

oriented business” throughout the entire ordinance.

3. Deleting the words “adult entertainment establish-

ments” and substituting in lieu thereof the words “sexu-

ally oriented businesses” throughout the entire ordinance.

4. Deleting the word “adult” and substituting in lieu

thereof the words “sexually oriented” wherever the word

adult appears in the ordinance except; in Section 1(A)

PURPOSE, the word “adults” after the words “or deny

access by” and before the words “to sexually oriented

materials protect” shall remain.

5. Deleting the word “an” and substituting in lieu thereof

the word “a” before the words “sexually oriented business”

wherever the word “an” precedes the words “sexually

oriented business”.

6. Amending the seventh whereas clause by deleting the

word “entertainment” after the words “sexually oriented”

and substituting in lieu thereof the word “business” and by

changing the word “ordinance” to “ordinances” after the

App. 291

words “sexually oriented business” and before “are unaf-

fected by the following”.

INTRODUCED BY:

/s/ [Iegible]

Member of Council

ADOPTED: AUGUST 7, 1997

App. 292

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

6.54.170

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. 293

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 shall 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. 294

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. 295

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 Code 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 39-15-505.

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. 296

“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 sexwally oriented live entertain-

ment, for observation by patrons therein.

2. “Sexually criemted@ 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. 297

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. 298

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. 299

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

Amdt. 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 council.

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 term 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. 300

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 forse 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. 301

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. 302

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.

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. 303

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 described 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 applicant 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)

App. 304

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. 305

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 b; two inches of the applicant (for the purpose of

facilitatiag the police investigation into the applicant’s

criminal background regarding crimes of a sexual nature);

App. 306

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. 307

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. 308

communicate the results to the board in writing within

twenty days of receipt of the application. The written

investigation from the codes department and health

department shall end with substantially 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. 309

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 appli-

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 zoning code applicable to

sexually oriented/adult entertainment businesses within

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

App. 310

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. If the 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, after 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. 311

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 (b) 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. 312

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.

ce. 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. 313

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. 314

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. 315

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.

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 shal! 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. 316

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. 317

i. Each booth shall be separated from adjacent

booths and any nonpublic areas by a solid or opaque wall;

ii. Have at least one side totally open to a public

lighted aisle so that there is an unobstructed view at all

times of anyone occupying same;

iii. All walls shall be solid and without any openings,

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

and be light colored, nonabsorbent, smooth textured and

easily cleanable;

iv. The floor must be light colored, nonabsorbent,

smooth textured and easily cleanable; and

v. The lighting level of each booth shall be a 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 leve] 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. 318

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. Ifthe 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)(i) 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. 319

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, then 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. 320

contained the misleading statements or omissions

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.