(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class E felony1 to 6 yearsup to $3,000
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 7-51-1407

  • Adult: means a person who has attained eighteen (18) years of age. See Tennessee Code 7-51-1401
  • Adult cabaret: means a cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. See Tennessee Code 7-51-1401
  • Adult-oriented establishment: includes , but is not limited to:
    (A) "Adult book stores" means any corporation, partnership or business of any kind that has as its principal or predominant stock or trade, books, magazines or other periodicals and that offers, sells, provides or rents for a fee:
    (i) Is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors. See Tennessee Code 7-51-1401
  • Family recreation center: means any facility, which is oriented principally toward meeting the athletic or recreational needs of families and whose targeted customer is a minor child, including, but not limited to, the provision of one (1) or more of the following:
    (A) Ice skating. See Tennessee Code 7-51-1401
  • Person: means an individual, partnership, limited partnership, firm, corporation or association. See Tennessee Code 7-51-1401
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(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 the effective date of this act 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.
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