ORDINANCE NO. BL2008-344
An Ordinance amending Chapter 6.06 of the Metropolitan Code to amend the definition of “after hours establishment”, and to prohibit such establishments from allowing the consumption of alcoholic beverages upon the premises.
WHEREAS, certain after hours establishments have been associated with criminal activity, which has been documented by the Metropolitan Nashville Police Department; and
WHEREAS, the Metropolitan Government has the authority to restrict the consumption of alcohol at establishments open to the public; and
WHEREAS, in the interest of public safety, the Metropolitan Council deems it necessary to prohibit the consumption of alcoholic beverages at after hours establishments.
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 6.06.010 of the Metropolitan Code shall be and the same is hereby amended by deleting the definition of “after hours establishment”, and substituting in lieu thereof the following new definition:
"After hours establishment" means any establishment open to the general public after the hour of 3:00 a.m., which has for its primary purpose entertainment, teen clubs, dance clubs, and establishments which feature the playing of live or recorded music. If the establishment requires a cover charge upon entry, contains a dance floor, or uses either a disc jockey or a live band, it shall be considered an ‘after hours establishment,’ regardless of whether the establishment serves or sells prepared food for consumption.
Section 2. That Section 6.06.060 of the Metropolitan Code shall be and the same is hereby deleted in its entirety.
Section 3. That Section 6.06.070 of the Metropolitan Code shall be and the same is hereby amended by deleting subsection B. in its entirety and substituting in lieu thereof the following new subsection B.:
B. It is unlawful for any person to whom an after hours establishment permit has been issued or their agent, employee or subcontractor to knowingly allow or through due diligence permit any person to bring alcoholic beverages upon the premises or to allow any person to consume alcoholic beverages upon the premises. Failure by a permit holder to abide by this provision shall make such permit holder strictly liable for any property damage or personal injuries caused by any person that has consumed alcoholic beverages on the premises of the establishment. The director shall revoke the permit for any permit holder found to be in violation of the provisions of this subsection B.
Section 4. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Anna Page, Erik Cole, Parker Toler, Mike Jameson, Jerry Maynard, Frank Harrison , Jim Forkum, Darren Jernigan, Keith Durbin, Lonnell Matthews, Karen Bennett, Robert Duvall, Eric Crafton, Michael Craddock, Bo Mitchell, Edith Taylor Langster, Duane Dominy
Amendment No. 1
Ordinance No. BL2008-344
I move to amend Ordinance No. BL2008-344 as follows:
1. By adding the following three new recital clauses after the second recital clause:
WHEREAS, between November 13, 2007, and November 13, 2008, the Metropolitan Nashville Police Department responded to 389 calls for police assistance at the fourteen after hours establishments currently operating within the area of the Metropolitan Government; and
WHEREAS, a copy of said report regarding the Police Department response calls to the after hours establishments is attached to this ordinance as Exhibit A and incorporated herein by reference; and
WHEREAS, the presence of alcohol is a contributing factor to the large number of police response calls at these after hours establishments, which is causing a greater burden on the Police Department’s resources than other commercial establishments and is having a negative impact on public safety; and
2. By amending Section 1 by deleting the phrase “after the hour of 3:00 a.m.,” and substituting in lieu thereof the phrase “at any time between the hours of 3:00 a.m. and 6:00 a.m.,”.
Sponsored by: Anna Page
|Introduced:||November 18, 2008|
|Passed First Reading:||November 18, 2008|
|Referred to:||Public Safety Committee|
|Amended:||December 2, 2008|
|Passed Second Reading:||December 2, 2008|
|Passed Third Reading:||December 16, 2008|
|Approved:||December 19, 2008|