Subject: 10164/City Code/2-11/Art.XV/Teen Social Clubs Date: Thu, 26 May 1994 15:15:57 -0500 ORDINANCE NO. 10164 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 11, TO PROVIDE FOR A NEW ARTICLE XV ENTITLED "TEEN SOCIAL CLUBS". ______________________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Part II, Chattanooga City Code, Chapter 11, be and the same is hereby amended to create a new Article XV as follows: SECTION 1. That Chapter 11 of the Chattanooga City Code is amended to include a new Article XV to the Chattanooga City Code which shall read as follows: ARTICLE XV. TEEN SOCIAL CLUBS. Sec. 11-450. DEFINITIONS. For purposes of this Article, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context: (a) "Teen social club" shall include, but not be limited to, any business establishment which advertises itself or holds itself out to the public as a "teen club" or "teen dance club" and which provides entertainment and social activities to which public patrons or members between the ages of 12 and 21 are admitted to participate regardless of whether such establishment is conducted, operated, or maintained for a profit. (b) "Advertise" shall include but not be limited to promotional signs on the premises, off premise signs, and any written, live, video taped or audio taped promotional presentations for the business establishment. (c) "Alcoholic beverages" shall include beer or other beverages of like alcoholic content regulated by Chattanooga City Code, Chapter 5, and any liquor store or other establishment selling or serving liquor or wine regulated by the provisions of T.C.A. A7 57-1-101 et seq. (d) "Licensed premises" shall include the business establishment and any designated parking area provided by the business. Sec. 11-451. LOCATION RESTRICTIONS. Any teen social club operating within the City of Chattanooga shall be restricted from being located less than five hundred (500) feet away from the nearest property line of any business establishment which serves or sells alcoholic beverages or from the nearest property line of any adult oriented establishment within the City of Chattanooga. Sec. 11-452. LICENSE APPLICATION. Any teen social club located within the City of Chattanooga shall obtain a license for continued business operation from the City Treasurer which shall be displayed in a conspicuous public place in the teen social club within 30 days after the effective date of this ordinance. Any operator of a teen social club desiring to obtain a license shall make application to the City Treasurer and shall pay an annual license fee to the City of $50.00. The failure to obtain a license pursuant to this section shall constitute a violation of this ordinance and is subject to the civil penalties authorized by Chattanooga City Code A7 1-8. Sec. 11-453. REVOCATION OF LICENSE OR PERMIT. (a) The Administrator of the Department of Safety shall revoke a license granted to any teen social club for any of the following reasons: (1) The operator, or any employee of the operator, violates any provision of this Article or any rule or regulation adopted by the City Council pursuant to this Article; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the City Council shall find that the operator had no actual or constructive notice of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge. (2) Any intoxicating liquor, cereal malt beverage, narcotic or controlled substance is allowed to be sold or consumed on the licensed premises. (3) Any operator allows continuing violations of the rules and regulations of the Chattanooga-Hamilton County Health Department. (4) Any operator fails to maintain the licensed premises in a clean, sanitary and safe condition. Sec. 11-454. HOURS OF OPERATION. (a) No teen social club shall be open between the hours of 12:00 midnight and 8:00 a.m. on weekdays or between the hours of 2:00 a.m. and 12:00 noon on Sundays. (b) All teen social clubs shall be open to inspection at all reasonable times by the Chattanooga Police Department or such other persons as the City Council may designate. SECTION 2. BE IT FURTHER ORDAINED, that this Ordinance shall take effect two weeks from and after its passage, as required by law. PASSED on Third and Final Reading January 24, 1995. s/s_________________________________ CHAIRPERSON APPROVED: _____ DISAPPROVED: _____ DATE: January 27, 1995. s/s_________________________________ MAYOR PAN.tlm