ORDINANCE NO. BL2016-454

An ordinance amending Section 7.08.090 of the Metropolitan Code to remove the requirement that restaurants 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 for beer sales.

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.1 in its entirety and substituting in lieu thereof the following new subsection E.1:

E. Exemption by resolution after public hearing.

1. Notwithstanding any other provision of this section to the contrary, any restaurant 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.

Section 2. That Section 7.08.090 of the Metropolitan Code is hereby further amended by deleting subsection E.5 in its entirety, and renumbering the remaining subsection as necessary:

Section 3. 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: Burkley Allen, Freddie O'Connell, Anthony Davis, Brett Withers

LEGISLATIVE HISTORY
Introduced:	October 18, 2016
Passed First Reading:	October 18, 2016
Referred to:	Public Safety, Beer, and Regulated Beverages Committee
Passed Second Reading:	November 1, 2016
Passed Third Reading:	November 15, 2016
Approved:	November 16, 2016
By: