LEGISLATIVE HISTORY
ORDINANCE NO. BL2008-349
An ordinance amending Chapter 7.08 of the Metropolitan Code to provide that an applicant is prohibited from obtaining a beer permit if he/she has been released from incarceration within the past ten years for conviction of certain crimes, and to clarify that beer must be purchased directly from an authorized wholesaler before it can be resold.
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Section 7.08.040 of the Metropolitan Code is hereby amended as follows:
1. By adding the following provision at the end of subsection B.:
“5. That no person having at least a five percent ownership interest in the establishment has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. For purposes of this subsection, “moral turpitude” means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.”
2. By adding the following provision at the end of subsection C.:
“10. Whether any person having at least a five percent ownership interest in the establishment has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. For purposes of this subsection, “moral turpitude” means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.”
Section 2. Section 7.08.140 of the Metropolitan Code is hereby amended by adding the following provision as subsection B, and re-lettering the current subsections B through S accordingly:
“B. To employ any person that has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. For purposes of this subsection, “moral turpitude” means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.”
Section 3. Chapter 7.08 of the Metropolitan Code is hereby amended by deleting Section 7.08.180 in its entirety and substituting in lieu thereof the following:
“7.08.180 Limitations on purchases.
No permit holder, except an authorized wholesaler, may sell or store beer within the metropolitan government area unless such beer has been purchased directly from an authorized wholesaler.”
Section 4. 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: Anna Page, Robert Duvall
Amendment No. 1
To
Ordinance No. BL2008-349
Madam President:
I move to amend Ordinance No. BL2008-349 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:
Section 1. Section 7.08.040 of the Metropolitan Code is hereby amended as follows:
1. By adding the following provision at the end of subsection B.:
“5. That no person having at least a five percent ownership interest in the establishment has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. Proof of the date of release from incarceration of any applicant convicted of any crime involving moral turpitude shall be furnished by the applicant to the beer board prior to the consideration of such application. For purposes of this subsection, “moral turpitude” means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement. ”
2. By adding the following provision at the end of subsection C.:
“10. Whether any person having at least a five percent ownership interest in the establishment has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. For purposes of this subsection, “moral turpitude” means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.”
Sponsored by: Anna Page
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | December 2, 2008 |
| Passed First Reading: | December 2, 2008 |
| Referred to: | Public Safety Committee |
| Amended: | December 16, 2008 |
| Passed Second Reading: | December 16, 2008 |
| Passed Third Reading: | January 20, 2009 |
| Approved: | January 22, 2009 |
| By: | |