An ordinance amending Chapter 7.08 of the Metropolitan Code of Laws to provide for a caterer’s permit for the sale of beer.

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

Section 1. That Section 7.08.010 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new definition for “caterer”:

“Caterer” means a business engaged in offering food and beverage service for a fee at various locations, which (1) operates a permanent catering hall on an exclusive basis; (2) has a complete and adequate commercial kitchen facility; and (3) is licensed as a caterer by the Tennessee department of health.

Section 2. That Section 7.08.030 of the Metropolitan Code of Laws be and the same is hereby amended as follows:

1. By relabeling the current subsection D. as subsection E.
2. By relabeling the current subsection E. as subsection F.
3. By relabeling the current subsection F. as subsection G.
4. By adding the following new subsection D.:

“D. A caterer’s permit shall be issued to any person that has obtained a caterer license from the state alcoholic beverage commission for sale and consumption of wine and other alcoholic beverages pursuant to chapter 4 of Title 57 of the Tennessee Code Annotated, and who is engaged in the sale of beer where the beer is to be consumed by the purchaser or his guests upon the premises of the catered event site.”

Section 3. That Section 7.08.090 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following provision at the end of subsection A.1.:

“F. Provided, however, the distance requirements provided herein shall not be applicable to a catered event by the holder of valid caterer’s permit issued pursuant to this Chapter.”

Section 4. That Chapter 7.08 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new Section 7.08.105:

“7.08.105. Caterer’s permit – Issuance and notice requirements.
In addition to the other requirements of this Chapter:
A. no caterer’s permit shall be issued to a person that does not hold a valid caterer license from the state alcoholic beverage commission for sale and consumption of wine and other alcoholic beverages pursuant to Chapter 4 of Title 57 of the Tennessee Code Annotated. Should the holder of a caterer’s permit cease to hold a valid caterer license from the state alcoholic beverage commission, such caterer’s permit shall be automatically deemed revoked by the board.
B. No caterer’s permit shall be issued to a person that does not hold a valid retailer’s “on-sale” permit for its permanent catering hall issued pursuant to the provisions and requirements of this Chapter, including the location restrictions specified in Section 7.08.090.
C. All caterer’s permit holders shall be required to give advanced notice to the board of each site for which beer will be sold and consumed. Such notice shall include, but not be limited to, the date, time, and location of the event.
D. No caterer’s permit shall be valid for the sale and consumption of beer on any premises for which a retailer’s “on-sale” permit has been revoked within the past twelve month period, nor shall a caterer’s permit be used for the sale and consumption of beer on any premises owned or leased by a person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent ownership interest in the establishment that has had a retailer’s “on-sale” permit revoked within the past twelve month period.”

Section 5. That Section 7.08.230 of the Metropolitan Code of Laws be and the same is hereby amended as follows:

1. By amending subsection A. by deleting the phrase “except as provided in subsection D”, and substituting in lieu thereof the phrase “except as provided in subsections D and F”.
2. By adding the following new subsection F.:

“F. A caterer’s permit is valid for each catering site, provided that the notice requirements of Section 7.08.105 are met.”

Section 6. 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

Amendment No. 1
To
Ordinance No. BL2004-498

Mr. President:

I move to amend Ordinance No. BL2004-498 by deleting the provisions of Section 4 in their entirety and substituting in lieu thereof the following new Section 4:

Section 4. That Chapter 7.08 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new Section 7.08.105:

"7.08.105. Caterer's permit - Issuance and notice requirements - Location restrictions.
In addition to the other requirements of this Chapter:
A. No caterer's permit shall be issued to a person that does not hold a valid caterer license from the state alcoholic beverage commission for sale and consumption of wine and other alcoholic beverages pursuant to Chapter 4 of Title 57 of the Tennessee Code Annotated. Should the holder of a caterer's permit cease to hold a valid caterer license from the state alcoholic beverage commission, such caterer's permit shall be automatically deemed revoked by the board.
B. No caterer's permit shall be issued to a person that does not hold a valid retailer's "on-sale" permit for its permanent catering hall issued pursuant to the provisions and requirements of this Chapter, including the location restrictions specified in Section 7.08.090.
C. All caterer's permit holders shall be required to give advanced notice to the board of each site for which beer will be sold and consumed. Such notice shall include, but not be limited to, the date, time, and location of the event.
D. No caterer's permit shall be valid for the sale and consumption of beer on any premises for which a retailer's "on-sale" permit has been revoked within the past twelve month period, nor shall a caterer's permit be used for the sale and consumption of beer on any premises owned or leased by a person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent ownership interest in the establishment that has had a retailer's "on-sale" permit revoked within the past twelve month period.
E. No caterer's permit shall be valid for the sale and consumption of beer on any premises within one hundred feet from a church or a school or its playground, unless the catered event is sponsored and held by the church or private school for the benefit of said church or school."

Sponsored by: Adam Dread