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 shall be and the same is hereby amended by deleting subsection E. in its entirety, and substituting in lieu thereof the following new subsection E.:

"E. Exemption for restaurants holding a state on-premises alcoholic beverage license.
1. Notwithstanding any other provision of this section to the contrary, any restaurant 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. of the section upon the adoption of a resolution by the metropolitan council receiving twenty-one (21) affirmative votes, after notice and a public hearing, approving the exemption of the restaurant from said minimum distance requirements. If the metropolitan council does not approve or disapprove the exemption of the restaurant from the minimum distance requirements within sixty (60) days of the date of notification by the board to the council and the district councilmember that such an application has been filed, the restaurant shall be exempt from the minimum distance requirements set forth in subsection A. and the board may proceed to consider the application.
2. The public hearing required by subsection E.2. above shall be conducted by the council public safety-beer and regulated beverages committee. Public notification of the hearing shall be conducted pursuant to the public notification requirements for amendments to the official zoning map in accordance with article XV of chapter 17.40 of the metropolitan code of laws, provided that notice by mail shall be given to all property owners within 600 feet of the restaurant seeking the exemption from the minimum distance requirements. The costs for the public notification requirements shall be paid by the applicant, in addition to the regular application fee pursuant to section 7.08.060 of this chapter.
3. 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. This ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: John Summers