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An ordinance amending subsections 13.32.165.A. and 13.32.165.D.1. of the Metropolitan Code of Laws to modify language authorizing approval of revisions to the sidewalk cafe dining rules and regulations by resolution of the metropolitan council and to add language regarding compliance with guidelines as part of the sidewalk cafe dining permit process.
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WHEREAS, section 13.32.165 of the Metropolitan Code of Laws (“Metro Code”) authorizes sidewalk cafe dining in the public right of way and establishes the rules and regulations for sidewalk cafe dining; and,
WHEREAS, subsection 13.32.165.A. of the Metro Code currently allows the metropolitan council to approve revisions to the sidewalk cafe dining rules regulations set forth in subsection 13.32.165.D. by resolution instead of by ordinance; and,
WHEREAS, the Nashville Department of Transportation and Multimodal Infrastructure (NDOT) desires for sidewalk cafe dining permit applicants to comply with guidelines that have been or may be issued by NDOT or other Metro agencies, departments, and boards or commissions as part of the permit process; and,
WHEREAS, NDOT seeks to amend subsection 13.32.165.D.1. of the Metro Code to put sidewalk cafe dining applicants on notice that they may be required to comply with guidelines as part of the permit process; and,
WHEREAS, amendment of Metro Code subsections 13.32.165.A. and 13.32.165.D.1. is in the best interest of the Metropolitan Government of Nashville and Davidson County.
NOW, THEREFORE BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Metropolitan Code of Laws subsection 13.32.165.A. is deleted in its entirety and replaced with the following language:
A. Sidewalk cafe dining facilities are authorized to be located within the public right-of-way, not including parking, unloading/loading, and travel lanes, subject to the rules and regulations of subsection D. Revisions to said regulations shall require the approval of the director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT") and the approval of the metropolitan council by ordinance.
Section 2. That Metropolitan Code of Laws subsection 13.32.165.D.1. is deleted in its entirety and replaced with the following language:
D. Rules and Regulations.
1. Operation of sidewalk cafe dining facilities shall require a permit from NDOT. Such permits shall be available throughout the jurisdiction of Metropolitan Nashville and Davidson County. For the purposes of this section, a "sidewalk cafe dining facility" means an area adjacent to a street level restaurant or equivalent eating or dining establishment, located within the public right-of-way, not including parking, unloading/loading, and travel lanes, and used for dining, drinking and related activities. A sidewalk cafe dining facility may provide waiter or waitress services or may be self-service. Compliance with sidewalk cafe dining guidelines may be required as part of the permit process.
Section 3. This ordinance shall take effect upon passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Section 13.32.165 of the Metropolitan Code of Laws to modify language authorizing approval of revisions to the sidewalk café dining rules and regulations. The ordinance also amends the same section to add language regarding compliance with Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”).
The ordinance would require that any changes to the sidewalk café dining rules and regulations be made by ordinance. The current Metropolitan Code provides that these rules and regulations may be amended by resolution.
The ordinance would also amend these sidewalk café rules and regulations. The current code requires a permit for the operation of sidewalk café dining facilities. The proposed ordinance amends the current sections by adding that compliance with sidewalk café dining guidelines may be required as part of the permit process.