An ordinance amending Section 7.08.090 of the Metropolitan Code to exempt any establishments that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages and establishments within the same building or adjoining to a building 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 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 new subparagraph 3 to Section A. and renumbering the present subparagraph 3 to number 4:

"3. Any location that has already been granted a license by the state alcoholic beverage commission for sale and consumption of alcoholic beverages on the premises and locations within the same building or adjoining to a building that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale and consumption of alcoholic beverages on the premises shall be entitled to a retailer beer permit any distance or other provisions contained in this section to the contrary notwithstanding. For the purposes of this paragraph the term "adjoining" shall mean not separated by another building, street, alley, or public way."

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