ORDINANCE NO. BL2009-369

An Ordinance amending Section 7.08.140 of the Metropolitan Code to prohibit the sale of single cans or bottles of beer by off-sale permit holders in certain areas of Nashville.

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

Section 1. Section 7.08.140 of the Metropolitan Code shall be and the same is hereby amended by adding the following new provisions:

“T. To display or sell beer from an ice tub or similar container, other than a mechanical refrigeration unit, on any premises within the downtown interstate loop, or on any property with frontage along Dr. D.B. Todd, Jr. Boulevard or along Jefferson Street to its terminus at Ed Temple Boulevard. For purposes of this section, the “downtown interstate loop” means Interstate 65 (I-65) to the north, Interstate 24 (I-24) to the east, Interstate 65 (I-65) to the south and Interstate 40 (I-40) to the west. The provisions of this subsection shall not apply to the holders of on-sale permits, caterer’s permits or special events permits.
U. To sell beer and malt beverages in quantities of less than seventy (70) ounces per bottle or a factory-packaged six-pack on any premises within the downtown interstate loop, or on any property with frontage along Dr. D.B. Todd Jr., Boulevard or along Jefferson Street to its terminus at Ed Temple Boulevard. For purposes of this section, the “downtown interstate loop” means Interstate 65 (I-65) to the north, Interstate 24 (I-24) to the east, Interstate 65 (I-65) to the south and Interstate 40 (I-40) to the west. The provisions of this subsection shall not apply to the holders of on-sale permits, caterer’s permits, or special events permits, nor shall they apply to the sale of single-item craft or specialty beers produced by microbreweries.”

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: Erica Gilmore, Mike Jameson

Amendment No. 1
To
Ordinance No. BL2009-369

Madam President:

I move to amend Ordinance No. BL2009-369 as follows:
1. By deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

Section 1. Section 7.08.140 of the Metropolitan Code shall be and the same is hereby amended by adding the following new provisions:
T. To display or sell beer from an ice tub or similar container, other than a mechanical refrigeration unit, on any premises within the downtown interstate loop. For purposes of this section, the “downtown interstate loop” means Interstate 65 (I-65) to the north, Interstate 24 (I-24) to the east, Interstate 65 (I-65) to the south and Interstate 40 (I-40) to the west. The provisions of this subsection shall not apply to the holders of on-sale permits, caterer’s permits or special events permits.
U. To sell beer and malt beverages in quantities of less than seventy (70) ounces per bottle or a factory-packaged four-pack or six-pack on any premises within the downtown interstate loop. For purposes of this section, the “downtown interstate loop” means Interstate 65 (I-65) to the north, Interstate 24 (I-24) to the east, Interstate 65 (I-65) to the south and Interstate 40 (I-40) to the west. The provisions of this subsection shall not apply to the holders of on-sale permits, caterer’s permits, or special events permits.
V. The provisions of subsections T. and U. of this section shall expire and shall be null and void three hundred sixty-five (365) days following the date of enactment, unless extended by resolution of the council of the Metropolitan Government of Nashville and Davidson County. This provision, commonly known as a "sunset provision," is included to ensure that the effectiveness and necessity of subsections T. and U. of this section are periodically reviewed by the metropolitan council after their adoption.

Sponsored by: Erica Gilmore, Mike Jameson