ORDINANCE NO. BL2003-2


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 requirement for the issuance of beer permits pertaining to one and two family dwellings.


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 deleting subsection E. in its entirety and substituting in lieu thereof the following new subsection E.:

“E. Notwithstanding any other provision of this section to the contrary, a restaurant that possesses a 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 requirement set forth in subsection A prohibiting the issuance of a beer permit to an applicant whose location is less than one hundred feet from a dwelling for one or two families. However, should a restaurant permit holder that is exempted from this distance requirement 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, such permit shall be automatically deemed revoked by the board and the applicant shall be required to reapply for the permit without being exempted from the distance requirement. For 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

LEGISLATIVE HISTORY

Introduced: October 7, 2003
Passed First Reading: October 7, 2003
Referred to: Public Safety - Beer, Wine and WhiskeyCommittee
Deferred: October 21, 2003
Withdrawn: November 18, 2003