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

Section 1. That Section 17.08.090 of the Metropolitan Code is hereby amended by adding the following new subsection F.:

“F. 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. The applicant shall send notice of the public hearing by U.S. mail to the owners of all properties located within 1,000 feet of the establishment seeking the exemption from the minimum distance requirements not later than twenty-one (21) days prior to the public hearing. 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. Any permit issued through an exemption to the minimum distance requirements pursuant to this subsection shall not be transferable to a subsequent applicant or property owner."

Section 2. This Ordinance shall take effect from and after is enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Adam Dread

Amendment No. 1
To
Substitute Ordinance No. BL2007-1453

Mr. President:

I move to amend Substitute Ordinance No. BL2007-1453 by amending Section 1 by deleting the following sentence in its entirety:

“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.”

Sponsored by: Adam Dread