ORDINANCE NO. BL2009-483

An ordinance amending Chapter 7.08 of the Metropolitan Code to prohibit firearms in any establishment with an on-premises beer permit.

WHEREAS, the Tennessee General Assembly recently overrode Governor Phil Bredesen’s veto of House Bill 962 in order to allow persons with a handgun carry permit to bring firearms upon the premises of restaurants that sell alcoholic beverages; and

WHEREAS, Tennessee Code Annotated § 57-5-106 provides that cities and class B counties, which includes the Metropolitan Government, have the authority to impose additional restrictions on the sale of beer “as will promote public health, morals and safety”; and

WHEREAS, the Metropolitan Council deems it to be necessary to prohibit persons from carrying firearms upon premises where beer is sold in order to protect the public health, safety and welfare.

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

Section 1. That Section 7.08.130 of the Metropolitan Code is hereby amended by adding the following provision as subsection D.:

“D. To bring, to cause, or allow to be brought a firearm onto the premises of any establishment with a retailer's "on-sale" permit. This prohibition shall not apply to on-duty law enforcement officers.”

Section 2. That 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: Charlie Tygard, Megan Barry, Jerry Maynard, Erik Cole