Subject: 10644/Code/Alcoholic Beverages(Theaters)
Date: Mon, 24 Nov 1997 16:26:37 -0500


                                ORDINANCE NO. 10644
       
        	AN ORDINANCE AMENDING CHATTANOOGA CITY CODE,  
        	PART II, CHAPTER 5-78(c), SO AS TO PERMIT
        	THE SALE OF ON-PREMISE BEER AT MOTION PICTURE
        	THEATERS SUBJECT TO CERTAIN RESTRICTIONS
       
                         _________________________________
       
        	BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
        CHATTANOOGA, TENNESSEE:
        	SECTION 1.	That Chattanooga City Code, Part II,
        Section 5-78(c) be and the same is hereby amended by deleting 
said
        subsection in its entirety and substituting a new subsection
        5-78(c) as follows:
                   (c)	Motion picture theaters.  Permits may not
                        be issued under this division to a motion
                        picture theater or any place operated as
                        a motion picture theater except as
                        follows:  Before any permit required by
                        this division is issued by the City
                        Treasurer, the applicant shall submit
                        satisfactory evidence that the motion
                        picture theater is a public place, kept,
                        used, maintained, advertised, and held
                        out to the public as a place where meals
                        are served and where meals are actually
                        and regularly served, such place being
                        supplied with adequate and sanitary
                        kitchen and dining room equipment and
                        seating capacity of at least fifty (50)
                        people at tables, having employed therein
                        a sufficient number and kind of employees
                        to prepare, cook, and serve suitable food
                        for its guests.  At least one (1) meal
                        per day shall be served at least five (5)
                        days a week, with the exception of
                        holidays, vacations, and periods of
                        redecorating, and the serving of such
                        meals shall be the principal business
                        conducted, with not less than two-thirds
                        (2/3) of its annual gross sales being
                        from the sale of food.  In addition
                        thereto, the permittee must agree that:
0C
                        1)  No alcoholic beverages may be served     
                            except while hot meals are also being        

                            served.
                       
                        2)  No motion picture will be shown,
                            while alcoholic beverages are being
                            served, which depicts "specified
                            sexual activities" or "specified
                            anatomical areas "as defined by
                            Chattanooga City Code, Part II,
                            Section 11-422.
                       
                       
        	SECTION 2.   BE IT FURTHER ORDAINED, That this Ordinance
        shall take effect two weeks from and after its passage, as 
provided
        by law.
       
        PASSED on Third and Final
        Reading December 2, 1997.	s/_________________________________
        					    CHAIRPERSON
       
        				APPROVED:__X____ DISAPPROVED:______
        			09
        				DATE: ______________________, 1997.
       
        			09
        				s/_________________________________
        				                MAYOR
       
        DMC:kal