SUBSTITUTE ORDINANCE NO. BL2010-714

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

Section 1. That Section 7.08.090 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting subsection E. in its entirety, and substituting in lieu thereof the following new subsection E.:

E. 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, after a public hearing, by the metropolitan council receiving twenty-one (21) affirmative votes approving the exemption of the restaurant from said minimum distance requirements. The metropolitan clerk shall notify the board in writing upon the adoption of a resolution approving an exemption from the minimum distance requirements.
2. The board shall notify the councilmember for the district in which the applicant establishment is located in writing within five (5) business days from the date the application is filed requesting the waiver of distance requirements.
3. The public hearing required by subsection E.1. above shall be conducted by the council at a regular meeting of the council. Public notification of the hearing shall be conducted pursuant to the public notification requirements for amendments to the official zoning map in accordance with article XV of chapter 17.40 of the metropolitan code, provided that notice by mail shall be sent to all property owners within 600 feet of the restaurant seeking the exemption from the minimum distance requirements not later than fourteen (14) days prior to the scheduled public hearing on the resolution. 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. The applicant shall coordinate the scheduling of the public hearing with the metropolitan clerk’s office prior to the filing of the resolution for purposes of including the date and time of the public hearing in the public notice to be mailed.
4. Failure of a permit holder that is exempted from the distance requirements pursuant to this subsection to maintain a valid license issued by the state alcoholic beverage commission for sale and consumption of wine or other alcoholic beverages on the premises shall constitute grounds for revocation of a permit for the sale of beer. Upon revocation of a beer permit for failure to maintain a valid license issued by the state alcoholic beverage commission for sale and consumption of wine or other alcoholic beverages on the premises, the applicant shall be required to reapply for the permit without being exempted from any distance requirements.

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

Sponsored by: Jamie Hollin, Erik Cole

LEGISLATIVE HISTORY
Introduced:	July 6, 2010
Passed First Reading:	July 6, 2010
Referred to:	Public Safety Committee
Deferred to August 17, 2010:	July 20, 2010
Substitute Introduced:	August 17, 2010
Passed Second Reading:	August 17, 2010
Passed Third Reading:	September 21, 2010
Approved:	September 27, 2010
By: