ORDINANCE NO. BL2011-41

An Ordinance amending Section 7.16.120 of the Metropolitan Code by changing the residency and stock ownership requirements for applicants seeking a certificate of compliance for a retail liquor license issued by the State of Tennessee Alcoholic Beverage Commission.

WHEREAS, Section 7.16.120 of the Metropolitan Code presently provides that individuals or stockholders of corporations making application for a certificate of compliance must have been a bona fide resident of the metropolitan government area for at least two (2) whole years before issuance of such a certificate; and

WHEREAS, Tennessee Code Annotated § 57-3-204(b)(2) requires such applicants or stockholders to be residents of the state of Tennessee and either have been a bona fide resident of the state for at least two (2) years next preceding or who have at anytime been residents of the state of Tennessee for at least ten (10) consecutive years; and

WHEREAS, it is in the best interest of the Metropolitan Government that the Metropolitan Code requirements be amended to more closely reflect the state law provisions.

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

Section 1. Section 7.16.120 of the Metropolitan Code is hereby amended by repealing the present provisions and substituting in lieu thereof the following new provisions:

A. It shall be necessary for any person applying for a certificate of compliance to have been a bona fide resident of the metropolitan government area for at least two (2) whole years before issuance of such a certificate, or have resided within the area of the metropolitan government for ten (10) consecutive years regardless of current residency. If the application is for a corporation, then all of its capital stock must be owned by individuals who have been residents of the Metropolitan Government for no less than two (2) years next preceding or ten (10) consecutive years. The applicant shall be required to provide adequate proof of residency for either the two (2) years prior to the issuance of a certificate of compliance or ten (10) consecutive years regardless of current residency.

B. No stock of any such corporation licensed by the Alcoholic Beverage Commission shall be transferred to any person or corporation who has not been a resident of the metropolitan government for at least two (2) years next preceding, or for at least ten (10) consecutive years regardless of current residency. Before any stock of such corporation is transferred, adequate proof of residency for either the two (2) years prior to the transfer or ten (10) consecutive years regardless of current residency shall be provided to the Mayor.

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: Tim Garrett

LEGISLATIVE HISTORY
Introduced:	November 1, 2011
Passed First Reading:	November 1, 2011
Referred to:	Public Safety Committee
Passed Second Reading:	November 15, 2011
Passed Third Reading:	December 6, 2011
Approved:	December 12, 2011
By: