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A resolution amending subsection 13.32.165.D.1. of the Metropolitan Code of Laws to add language regarding compliance with guidelines to the sidewalk café dining rules and regulations.
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WHEREAS, the Nashville Department of Transportation and Multimodal Infrastructure (NDOT) desires for sidewalk café 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 Metropolitan Code of Laws (“Metro Code”) to put sidewalk café dining applicants on notice that they may be required to comply with guidelines as part of the permit process; and,
WHEREAS, pursuant to Metro Code section 13.32.165.A., revisions to Metro Code subsection 13.32.165.D. require the approval of both the director of NDOT and the metropolitan council by resolution; and,
WHEREAS, amendment of Metro Code subsection 13.32.165.D.1. is in the best interest of the Metropolitan Government of Nashville and Davidson County.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. 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 café dining guidelines may be required as part of the permit process.
Section 2. That this resolution shall take effect upon passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution amends subsection 13.32.165.D1 of the Metropolitan Code of Laws to add language regarding compliance with guidelines to the sidewalk café dining rules and regulations.
The current code requires a permit for the operation of sidewalk café dining facilities. The proposed resolution amends the current sections by adding that compliance with sidewalk café dining guidelines may be required as part of the permit process.
Section 13.32.165 of the Metropolitan Code of Laws states that revisions in the sidewalk café rules and regulations “shall require the approval of the director of the Nashville Department of Transportation and Multimodal Infrastructure and the approval of the Metropolitan Council by resolution.”
The Metropolitan Code of Laws cannot be amended by resolution. The Council Office expects that this amendment to the Metro Code will be refiled as an ordinance in place of this resolution.
Fiscal Note: The current sidewalk café permit fee is $100.