ORDINANCE NO. BL2017-584

An ordinance amending Title 7 of the Metropolitan Code of Laws pertaining to the alcoholic content of beer.

WHEREAS, Title 7 of the Metropolitan Code of Laws currently defines beer as a “beer, ale or any other beverage having alcoholic content of not more than five percent by weight”; and,

WHEREAS, T.C.A. § 57-5-101 was revised by the Tennessee General Assembly to amend the definition of beer; and,

WHEREAS, T.C.A. § 57-5-101 now defines beer as a “beer, ale or other malt beverages, or any other beverages having an alcoholic content of not more than eight percent (8%) by weight”; and,

WHEREAS, effective January 1, 2017, any beer having an alcoholic content of up to eight percent by weight can be sold within the territorial jurisdiction of the Metropolitan government without seeking a license through the Alcoholic Beverage Commission; and,

WHEREAS, the current definition of beer in the Metropolitan Code of Laws should be amended to conform to the recently amended state law.

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

Section 1. That Section 7.04.050(A) of the Metropolitan Code of Laws is hereby amended by removing the phrase “five percent by weight” and replacing it with “eight percent by weight.”

Section 2. That Section 7.08 of the Metropolitan Code of Laws is hereby amended by removing the title of the chapter “Beer and Alcoholic Beverages of Less Than Five Percent” and replacing it with “Beer and Alcoholic Beverages of Less Than Eight Percent.”

Section 3. That Section 7.08.010 of the Metropolitan Code of Laws is hereby amended by removing “five percent by weight” and replacing it with “eight percent by weight” in the definition of beer.

Section 4. That Section 7.08.130(B) of the Metropolitan Code of Laws is hereby amended by removing “five percent” and replacing it with “eight percent.”

Section 5. That Section 7.12.010 of the Metropolitan Code of Laws is hereby amended by removing “less than five percent by weight” and replacing it with “less than eight percent by weight” in the definition of alcoholic beverage.

Section 6. That Section 7.16.010 of the Metropolitan Code of Laws is hereby amended by removing the phrase “five percent by weight, or less” and replacing it with “eight percent by weight, or less” in the definition of alcoholic beverage.

Section 7. That Section 7.16.020(B) of the Metropolitan Code of Laws is hereby amended by removing the phrase “five percent by weight” and replacing it with “eight percent by weight.”

Section 8. That Section 7.20 of the Metropolitan Code of Laws is hereby amended by removing the title of the chapter “Beer and Alcoholic Beverages of Less Than Five Percent” and replacing it with “Beer and Alcoholic Beverages of Less Than Eight Percent.”

Section 9. Be it further enacted, that this ordinance shall take effect immediately after its passage.

Sponsored by: Doug Pardue, Dave Rosenberg

LEGISLATIVE HISTORY

Introduced: February 7, 2017
Passed First Reading: February 7, 2017
Referred to: Public Safety, Beer, and Regulated Beverages Committee
Passed Second Reading: February 21, 2017
Passed Third Reading: March 7, 2017
Approved: March 8, 2017
By: Mayor's signature

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