An Ordinance amending Section 7.16.120 of the Metropolitan Code by changing residency requirements and stock ownership requirements for applicants for a certificate of compliance for a retail liquor license issued by the state alcoholic beverage commission.

WHEREAS, Section 7.16.120 of the Metropolitan Code presently provides that individuals or stockholders of corporations making application for a certificate of compliance must be residents of metropolitan government for a least two years; and

WHEREAS, state law requires that such applicants or stockholders must be only residents of the state of Tennessee and if a corporation, may only have interest in one liquor store; and

WHEREAS, it is in the best interest of the Metropolitan Government to conform our residency requirements for a certificate of compliance, which must be issued to an applicant, prior to a retail liquor license being issued by the state alcoholic beverage commission.

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

Section 1. Section 7.16.120 of the Metropolitan Code shall be and the same is hereby amended by repealing the present provisions and substituting in lieu thereof the following new provisions:

“A. It shall be necessary for any person applying for a certificate of compliance to have been a bona fide resident of the state of Tennessee for at least two (2) years next preceding the application.

B. 1. If the application for a certificate of compliance is for a corporation, all of its capital stock must be owned by individuals who have been a bona fide resident of the state of Tennessee for at least two (2) years next preceding the application.

2. No person owning stock in such corporation shall have any interest as partner or otherwise, either direct or indirect, in a business licensed to engage in the sale or distribution of intoxicating liquors in Tennessee.

3. Not stock of any corporation licensed by the state alcoholic beverage commission shall be transferred to any person who have been a bona fide resident of the state of Tennessee for at least two (2) years next preceding.

Section 2. 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: Eric Crafton

Amendment No. 1
To
Ordinance No. BL2004-173

Mr. President:

I move to amend Ordinance No. BL2004-173 by adding the following new subsection C. at the end of Section 1:

“C. As a condition to application, any person applying for a certificate of compliance, or owning stock in a corporation applying for a certificate of compliance, who has been a bona fide resident of the state of Tennessee for at least two (2) years next preceding the application but who has not been a bona fide resident of the metropolitan government area for two (2) years prior to the application shall, upon request, consent to a voluntary criminal background check to be conducted by the metropolitan government.

Sponsored by: Eric Crafton