SUBSTITUTE ORDINANCE NO. BL2015-1278

An Ordinance amending Section 7.08.090 of the Metropolitan Code to provide a mechanism for retail establishments to obtain an exemption from the minimum distance requirements for obtaining a beer permit upon approval of the Metropolitan Council by resolution, to remove the requirement that a restaurant possess a license issued by the state alcoholic beverage commission for sale and consumption of wine or other alcoholic beverages on the premises in order to obtain an exemption to the minimum distance requirements, and to add a requirement that a sign be posted advertising the public hearing.

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 deleting subsection E. in its entirety and substituting with the following new subsection E.:

E. Exemption by resolution after public hearing.
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, or any retail food store as defined below, 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 affirmative votes approving the exemption of the restaurant or retail food store 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. A “retail food store” for purposes of subsection E.1. above means an establishment that is open to the public that derives at least twenty percent (20%) of its sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in Tennessee Code Annotated § 67-6-228(a) and has retail floor space of at least ten thousand square feet (10,000 sq. ft.). An applicant can meet the requirements of this subsection E.2. by filing an affidavit with the metropolitan beer permit board which creates a rebuttable presumption that the applicant qualifies as a retail food store.
3. The board shall notify the councilmember for the district in which the applicant establishment is located in writing within five business days from the date the application is filed requesting the waiver of distance requirements.
4. 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 six hundred feet of the establishment seeking the exemption from the minimum distance requirements not later than fourteen days prior to the scheduled public hearing on the resolution. Further, a public notice sign meeting the general requirements of section 17.40.730 of the metropolitan code shall be posted on the property of the applicant seeking the exemption from the minimum distance requirements at least fourteen days prior to the scheduled public hearing. 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.
5. Failure of a restaurant 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 restaurant applicant shall be required to reapply for the permit without being exempted from any distance requirements.
6. Failure of a retail food store permit holder that is exempted from the distance requirements pursuant to this subsection to meet the applicable requirements in subsection E.2. above shall constitute grounds for revocation of a permit for the sale of beer. Upon revocation of a beer permit for failure to meet the applicable requirements in subsection E.2., the retail food store applicant shall be required to reapply for the permit without being exempted from any distance requirements.

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: Peter Westerholm

LEGISLATIVE HISTORY
Introduced:	July 7, 2015
Passed First Reading:	July 7, 2015
Referred to:	Public Safety, Beer & Regulated Beverages Committee
Passed Second Reading:	July 21, 2015
Deferred:	August 4, 2015
Substitute Introduced:	August 18, 2015
Passed Third Reading:	August 18, 2015
Approved:	August 19, 2015
By: