§ 2.62.055. Duties and powers to administer certification mark program for use of certification marks, "Music City" and "Music City, U.S.A."

A.

Definitions.

"License" means an agreement between the metropolitan government and a qualified user that sets forth the terms for using the marks.

"Marks" means the certification marks "Music City" and "Music City, U.S.A."

"Nashville Metropolitan Statistical Area" or "Nashville MSA" means and includes the counties of Cheatham, Davidson, Dickson, Williamson, Rutherford and Sumner, Tennessee.

"Qualified user" means persons or businesses involved in providing goods and services that include recorded musical products, cassettes, records, music videos, compact discs, live musical entertainment services, music publishing services, music recording and production services, radio and television musical production services, and radio and television musical broadcasting services located in the Nashville MSA, who meet the criteria set forth in subsection D of this section.

B.

Power to Administrator Certification Mark Program. The mayor's office of film and special events shall be responsible for all administration concerning the grant, denial, or termination of using the marks, "Music City" and "Music City, U.S.A." for users that meet the criteria set forth in subsection D of this section.

C.

Application Process.

1.

All applications for using either "Music City" or "Music City, U.S.A." should be made at the office of film and special events.

2.

The office of film and special events shall be empowered to collect application fees and renewal fees in such amounts as are established by the office of film and special events, and approved by resolution of the metropolitan council.

3.

Applications shall be approved by a subcommittee of the mayor's film advisory board that meets monthly, or at such times as are necessary, provided the applicant meets the criteria set forth in subsection D of this section.

4.

Appeals from the denial of an application for using the marks "Music City" or "Music City, U.S.A." shall be made in writing to the mayor's film advisory board and scheduled for a hearing at one of its regularly scheduled meetings.

D.

Certification Mark Criteria. The certification criteria used in determining whether to issue a license to use the marks "Music City" or "Music City, U.S.A." shall be as follows:

1.

Is the company or organization that is providing the services/goods headquartered in the Nashville MSA or does it otherwise have a significant place of business in the Nashville MSA where decisions regarding the content and quality of the services/goods to be certified are made?

2.

Are the services/goods being provided by means of entertainers, producers, or other persons who have their primary residences or primary place of business in the Nashville MSA?

3.

Are the facilities of Nashville MSA-based production, recording, or broadcasting studios being primarily used to originate the services?

4.

To what extent, in marketing and advertising the services or goods, are they directly tied to the Nashville MSA as their origin? Conversely, are there attempts in marketing or advertising the services or goods to connect them to some geographic area other than Nashville MSA?

E.

Contents of Application. The contents of the application shall be on such forms as may be promulgated by the metropolitan department of law and at a minimum must require the applicant to: (1) submit a specimen showing exactly how and in what form the mark will be used; and (2) an application fee for administrating processing of applications for use of the marks.

F.

Grant of License. The office of film and special events shall be empowered to grant revocable one year licenses with a right to renew the same for additional terms not exceeding one year, unless terminated pursuant to subsection G of this section. All renewals granted hereunder shall be conditioned on the licensee certifying in its renewal application that all facts in the license are true and correct and that there have been no changes in the application submitted to the office of film and special events at the time of such renewal.

G.

Immediate Termination of License. In addition to such other rights of termination as may be set forth in the license, the metropolitan government, through the office of film and special events, shall have the right to immediately terminate a license by giving written notice to the qualified user if the qualified user uses the marks in a manner that is in any way inconsistent with the terms of the license.

H.

Fee Approval. All fees assessed by the mayor's office of film and special events hereunder must be approved by resolution of the metropolitan council that receives at least twenty-one affirmative votes.

(Amdt. 1 with Ord. 98-1127 §§ 2, 3, 1998)