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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. Revision...
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