ENACTED 12/01/1998

SUBSTITUTE BILL NO. SO98-1430

A substitute ordinance amending Section 13.24.090 of the Metropolitan Code of Laws to allow beer to be sold and consumed at special events in certain Metropolitan Government parks and amending the definition of parks in section 7.08.010 of the Metropolitan Code of Laws.

 Whereas, Section 7.08.090(A)(1) of the Metropolitan Code of Laws prohibits the issuance of a beer permit to an applicant whose location is less than one hundred feet from a park and, Section 7.08.010 defines a park as "a place or property either owned or maintained by the metropolitan government or by a utility district or an incorporated city, where persons regularly gather for recreational purposes or as spectators; provided, however, that such places or property shall not include those places and properties in the core commercial district (CC) and core commercial frame district (CF) as defined in Title 17 of this code"; and

Whereas, currently under Chapter 13.24 of the Metropolitan Code of Laws, the Chapter regulating parks, beer may be sold and consumed at special events only in Riverfront Park, subject to the approval of the Metropolitan Board of Parks and Recreation; and

Whereas, Tennessee Code Annotated, Section 57-5-103 and the Metropolitan Code of Laws, Section 7.08.020 require people who are selling beer within the Metropolitan Government area to have a beer permit issued by the Metropolitan Beer Permit Board; and

Whereas, it is desirable to allow the Metropolitan Board of Parks and Recreation and the Metropolitan Beer Permit Board to determine whether beer may be sold and consumed at special events in parks which are located within the central business district in which district a mix of commercial uses is encouraged and, it is further desirable to eliminate the distance restrictions from these parks.

Now therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That section 13.24.090(B)(4) of the Metropolitan Code of Laws is hereby amended by deleting the subsection in its entirety and enacting a new subsection as follows:

4. Beer may be sold and consumed at special events in parks or recreation areas that are under the supervision and control of the metropolitan board of parks and recreation, subject to their approval, within the boundary described herein as: beginning at the point of the intersection of Interstate 40 and Herman Street, then East to the intersection of Herman Street and 9th Ave. North, then north to the intersection of 9th Ave. North and Jefferson Street, then east to the intersection of Jefferson Street and Interstate 65, then south to the intersection of Interstate 65 and Interstate 40, then west to the point of beginning.

Section 2. That the definition of "park" in section 7.08.010 of the Metropolitan Code of Laws is hereby amended by adding the following at the end of the definition of "park":

; provided, further, that such places or property shall not include parks within the boundary described herein as: beginning at the point of the intersection of Interstate 40 and Herman Street, then East to the intersection of Herman Street and 9th Ave. North, then north to the intersection of 9th Ave. North and Jefferson Street, then east to the intersection of Jefferson Street and Interstate 65, then south to the intersection of Interstate 65 and Interstate 40, then west to the point of beginning.

 Section 3. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Leo Waters

 

LEGISLATIVE HISTORY

Substitute Introduced: November 5, 1998
Passed First Reading: November 5, 1998
Referred to: Parks & Recreation Committee
Public Saftey Committee
Passed Second Reading: November 17, 1998
Passed Third Reading: December 1, 1998
Approved: December 3, 1998
By: mayor.gif (527 bytes)