ORDINANCE NO. BL2016-156
An ordinance recognizing the establishment of application and fee requirements promulgated by the Davidson County Clerk for motor vehicle race track licensure in Nashville and Davidson County, Tennessee.
WHEREAS, operators of motor vehicle race tracks were previously required to obtain licenses through the Tennessee Department of Commerce and Insurance, pursuant to Tennessee Code Annotated § 55-22-101, et seq.; and
WHEREAS, effective July 1, 2015, the Tennessee General Assembly repealed Tennessee Code Annotated § 55-22-101, et seq. and transferred the licensure requirements to the Counties, pursuant to 2015 Tennessee Public Act 354; and
WHEREAS, pursuant to the newly adopted version of Tennessee Code Annotated § 55-22-101, effective July 1, 2015, the Davidson County Clerk is required to verify that the person, firm, or corporation operating or conducting a motor vehicle race has insurance for the general public with minimum limits of one hundred thousand dollars ($100,000) per person and three hundred thousand dollars ($300,000) per accident or three hundred thousand dollars ($300,000) combined single limit, for loss because of bodily injury, including death at any time resulting from such bodily harm caused to any person or persons by the operation of the track or other place, with certain exceptions allowed; and
WHEREAS, prior to July 1, 2015, the responsibility to determine whether said insurance existed was vested with the Tennessee Department of Commerce and Insurance; and
WHEREAS, pursuant to the newly adopted Tennessee Code Annotated § 55-22-102, the Metropolitan County Council, effective July 1, 2015, is now empowered to establish other rules relative to the regulation and licensure of automobile race tracks that the county legislative body deems prudent and advisable; and
WHEREAS, the Department of Commerce and Insurance previously charged fees for said licenses pursuant to the now repealed statute; and
WHEREAS, the newly enacted statute does not set forth a licensure fee to be collected by the individual Counties, thereby requiring an Ordinance for an individual County to receive a licensure fee; and
WHEREAS, the Davidson County Clerk desires to establish an application process and procedure for the licensure of automobile race tracks, and to assess an appropriate fee therefore, as set forth in the application form attached hereto and incorporated herein which provides further specific terms of the application requirements.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Davidson County Clerk is hereby authorized to establish the application process and procedure and to assure compliance of the insurance requirements requirement imposed by Tennessee Code Annotated § 55-22-101 for the licensure of operating or conducting a motor vehicle race at race tracks in Davidson County, to issue an annual racetrack license in the form attached hereto as Exhibit A, and incorporated by reference the same as if copied in full, and to assess a fee of $150.00 therefore, as set forth within the application form attached hereto as Exhibit B, and incorporated herein, the same as if copied in full. The funds received by the Clerk shall be paid into the general fund of the general services district.
Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Ordinance to Brenda Wynn, County Clerk of Davidson County, Tennessee.
Section 3. That this Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Bill Pridemore, Samuel Coleman, Brenda Haywood, Colby Sledge
|Introduced:||February 16, 2016|
|Passed First Reading:||February 16, 2016|
|Referred to:||Budget & Finance Committee
Codes, Fair, and Farmer's Market Committee
|Passed Second Reading:||March 1, 2016|
|Passed Third Reading:||March 15, 2016|
|Approved:||March 16, 2016|
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.