An ordinance amending Section 7.08.090 of the Metropolitan Code of Laws to exempt restaurants 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.

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

Section 1. That Section 7.08.090 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new subsection E:

“E. Notwithstanding any other provision of this section to the contrary, any restaurant located on property subject to a commercial planned unit development (PUD) under the provisions of Title 17 that possesses a valid license issued by the state alcoholic beverage commission for sale and consumption of wine or other alcoholic beverages on the premises shall be exempt from the minimum distance requirements set forth in subsection A. Should a restaurant permit holder that is exempted from the distance requirements pursuant to this subsection cease to hold a valid license issued by the state alcoholic beverage commission for sale and consumption of wine or other alcoholic beverages on the premises, any permit for the sale of beer shall be automatically deemed revoked by the board and the applicant shall be required to reapply for the permit without being exempted from any distance requirements. For the purposes of this subsection, “restaurant” is defined as provided in Tennessee Code Annotated Section 57-4-102 effective as of the date of the adoption of this subsection.”

Section 2. That this Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Adam dread, John Summers, Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	March 4, 2003
Passed First Reading:	March 4, 2003
Referred to:	Public Safety - Beer, Wine & Whiskey Committee
Deferred:	March 18, 2003
Deferred:	April 1, 2003
Deferred:	April 15, 2003
Deferred:	May 20, 2003
Substitute Introduced:	June 3, 2003
Deferred:	June 3, 2003
Passed Second Reading:	June 17, 2003
Passed Third Reading:	July 15, 2003
Approved:	July 17, 2003
By: