An ordinance amending Section 7.08.040 of the Metropolitan Code of Laws to prohibit persons convicted of driving under the influence (DUI) from obtaining a permit for the sale, distribution, manufacturing or storage of beer from the Metropolitan Beer Permit Board.

WHEREAS, Tenn. Code Ann. § 57-5-106 gives municipalities and Class B Counties the authority to pass ordinances governing the issuance and revocation of licenses for the storage, sale, manufacture and/or distribution of beer, and to establish such other rules and regulations "as will promote public health, morals and safety"; and

WHEREAS, Tenn. Code Ann. §57-5-103 provides that Class B counties include those counties governed by metropolitan governments; and

WHEREAS, Tennessee courts have consistently interpreted this state enabling legislation as granting local governments wide discretionary powers in matters relating to the sale of beer; and

WHEREAS, the Tennessee Attorney General has recently opined that Tennessee municipalities (including Class B counties) may prohibit persons convicted of DUI from holding a beer permit; and

WHEREAS, in order to protect the health, safety and welfare of the residents of Nashville and Davidson County, it is fitting and proper that persons convicted of DUI be prohibited from obtaining a beer permit.

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

Section 1. That Section 7.08.040 of the Metropolitan Code of Laws be and the same is hereby amended by amending subsection B.3. by adding, after the phrase "crime involving moral turpitude within the past three years", the phrase "or of driving under the influence (DUI) within the past ten years".

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: Mike Jameson

Amendment No. 1
To
Ordinance No. BL2006-1098

Mr. President:

I move to amend Ordinance No. BL2006-1098 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

"Section 1. That Section 7.08.040 of the Metropolitan Code of Laws be and the same is hereby amended by amending subsection B.3. by adding, after the phrase "crime involving moral turpitude within the past ten years", the phrase "or of driving under the influence (DUI) within the past three years".

Sponsored by: Mike Jameson