An ordinance amending Section 7.08.090A(1) of the Metropolitan Code of Laws to exempt establishments that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption from the minimum distance requirements for the issuance of beer permits.

WHEREAS, Section 7.08.090A(1) of the Metropolitan Code of Laws currently prevents a beer permit from being issued to an applicant whose location is less than one hundred feet from a church, a school or its playground, a park, a licensed day care center or nursery school or their playgrounds, or a dwelling for one or two families; and

WHEREAS, the Tennessee Alcoholic Beverage Commission considers the location of an applicant establishment as a factor in weighing its decision to grant or deny a license permitting the sale of alcoholic beverages for on-premises consumption; and

WHEREAS, the Metropolitan Government should encourage the viability of new establishments offering dining and live music to promote Nashville's reputation as "Music City, USA."

NOW, THEREFORE, BE IT FURTHER ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That Section 7.08.090 of the Metropolitan Code of Laws be amended by adding the following provision to the end of Section A. 1.:

Provided, however, the minimum distance requirements established herein shall not be applicable to any establishment that has already been granted a license by the state alcoholic beverage commission for sale and consumption of alcoholic beverages on the premises. Notwithstanding the foregoing provision, no beer permit shall be issued to an applicant whose location is within the minimum distance requirements established herein of an elementary school or its playground, middle school, or high school.

SECTION 2. That 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: Ludye Wallace