Current through Acts 2023-2024, ch. 1069
Section 7-51-1407 - Restrictions on locations of adult-oriented businesses(a)(1) An adult-oriented establishment or adult cabaret shall not locate within one thousand feet (1,000') of a child care facility, a private, public, or charter school, a public park, family recreation center, a residence, or a place of worship.(2) For the purposes of subdivision (a)(1), measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult-oriented establishment to the nearest point on the property line of a parcel containing a child care facility, a private, public, or charter school, a public park, family recreation center, a residence, or a place of worship.(b) Subsection (a) shall not apply to an adult-oriented business located in an otherwise prohibited location in operation on July 1, 2007, and the business activity shall be deemed an existing use of the property; provided, that the business remains in continuous operation as an adult-oriented business regardless of change of ownership.(c)(1) It is an offense for a person to perform adult cabaret entertainment:(A) On public property; or(B) In a location where the adult cabaret entertainment could be viewed by a person who is not an adult.(2) Notwithstanding § 7-51-1406, this subsection (c) expressly: (A) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to April 1, 2023 that is in conflict with this subsection (c); and(B) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this subsection (c).(3) A first offense for a violation of subdivision (c)(1) is a Class A misdemeanor, and a second or subsequent such offense is a Class E felony.Amended by 2023 Tenn. Acts, ch. 2, s 2, eff. 4/1/2023. Acts 2007 , ch. 541, § 1; 2012, ch. 1062, § 2.