# Appendix — Deja Vu of of Nashville, Inc. v. Metropolitan Government of of Nashville (No. 06-1078) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386016_2126%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 2006 ## 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 6 DEJA VU OF NASHVILLE, INC., a Tennessee corporation, and MERONEY ENTERTAINMENT. INC.., a Tennessee corporation, Petitioners, v. 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 16 30 78 99 the following pages were intentionally left to show accurately how the original documents appeared. li 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 iV 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. (c) The judge shall reduce all findings of fact and conclu- 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”. (c) Adult theater means an enclosed build- 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 (c) Fondling or erotic touching of human 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; (c) All residential addresses of the applicant for 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 (c) The time is computed from the date of the 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. (c) If the misleading statements or omis- 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 (c) Upon notification by the board the ap- 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. (c) The hearing on the extension shall follow 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. (c) At the hearing, the applicant may pre- 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, (c) 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, 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; (c) If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest all 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. (c) The time is computed from the date of 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. (c) If the misleading statements or omis- 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, (c) All residential addresses of the appli- 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 B. 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. (c) The applicant shall not have given any 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. (c) The time is computed from the date of 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. (c) If the misleading statements or omis- 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 (c) At the hearing, the applicant may pre- 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; B. 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/ [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) _— ve 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 To 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 TO 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 TO 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 TO 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 2. INTRODUCED BY: /s/_ Chris Ferrell Member of Council ADOPTED: JULY 15, 1997 AMENDMENT NO. _5 | TO 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 TO BILL NO. 097-796 Mr. President: p+ 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 TO 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386016_2126%3A2. Public record. Not legal advice.