ORDINANCE NO. BL2014-697

An Ordinance amending Section 7.08.090 of the Metropolitan Code to exempt existing on-premises beer permit holders from the distance requirements regarding the sale of beer near school property when a new school locates within 100 feet of the existing establishment.

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 is hereby amended by adding the following new subsection G.:

“G. Notwithstanding any other provision of this section to the contrary, a location for which an on-premises beer permit was in effect as of March 1, 2014, shall not be prohibited from selling beer as a result of the expansion of the footprint of the building, or the sale or transfer of ownership of the business, as a result of a school subsequently locating within one hundred feet of the property. Further, a beer permit shall not be denied for an expansion of the footprint of the building or for the sale of the business solely because of the distance from a school that received an occupancy permit from the department of codes administration after the permit holder obtained the initial beer permit.”

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: Davette Blalock

Amendment No. 1
To
Ordinance No. BL2014-697

Madam President:

I move to amend Ordinance No. BL2014-697 by deleting Section 1 in its entirety and substituting with the following new Section 1:

Section 1. That Section 7.08.090 of the Metropolitan Code is hereby amended by adding the following new subsection G.:

“G. Notwithstanding any other provision of this section to the contrary, no on-premises beer permit shall be revoked or denied solely because the expansion of the footprint of the building causes the establishment to be located within one (100) hundred feet of a school that received an occupancy permit from the department of codes administration after the permit holder obtained the initial beer permit. Further, if an on-premises beer permit holder sells the business establishment after a school locates within one (100) hundred feet of the establishment, an on-premises beer permit shall not be denied for the new owner solely as a result of its proximity to said school as long as the new owner applies for the on-premises beer permit within three hundred sixty-five (365) days after the expiration of the previous owner’s beer permit.”

Sponsored by: Davette Blalock

LEGISLATIVE HISTORY
Introduced:	March 4, 2014
Passed First Reading:	March 4, 2014
Referred to:	Public Safety Committee
Deferred:	March 18, 2014
Deferred:	April 1, 2014
Amended:	April 15, 2014
Passed Second Reading:	April 15, 2014
Passed Third Reading:	May 6, 2014
Approved:	May 8, 2014
By: