ORDINANCE NO. BL2013-388

An ordinance repealing Metropolitan Code of Laws § 7.16.120 to eliminate residency requirements for liquor license applicants.

WHERAS, Tennessee Code Annotated § 57-3-208(c) authorizes municipalities to impose “reasonable residency requirements” for anyone seeking a certificate of compliance in connection with applying for a state liquor license; and

WHEREAS, Metropolitan Code of Laws § 7.16.120 makes ineligible for a certificate of compliance anyone unable to meet certain Davidson County residency requirements; and

WHEREAS, Tennessee Attorney General Opinion No. 12-59, issued June 6, 2012, relying on Jelovsek v. Bredesen, 545 F3d 431 (6th Cir. 2008), cert. denied, ____ U.S. ____ , 130 S. Ct. 199 (2009), concludes that the residency requirements imposed by current state law for liquor retailers and wholesalers are unenforceable under the United States Constitution; and

WHEREAS, the residency requirement in Metropolitan Code of Laws § 7.16.120 is constitutionally suspect for the same reasons as the state law liquor retailer and wholesaler residency requirements are suspect; and

WHEREAS, continuing to enforce the Davidson County residency requirements would subject the Metropolitan Government and her enforcing officials to potential liability under federal law (the Civil Rights Act of 1871, as amended ((codified 42 USC § 1983)); and

WHEREAS, repeal of Metropolitan Code of Laws § 7.16.120 is in the best interests of the citizens of Nashville and Davidson County.

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

Section 1: Metropolitan Code of Laws 7.16.120 is hereby repealed in its entirety.

Section 2: This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bill Pridemore, Tim Garrett

LEGISLATIVE HISTORY
Introduced:	March 5, 2013
Passed First Reading:	March 5, 2013
Referred to:	Public Safety Committee
Passed Second Reading:	March 19, 2013
Passed Third Reading:	April 2, 2013
Approved:	April 4, 2013
By: