RESOLUTION NO. RS2002-1221

A Resolution expressing the opposition of the Metropolitan County Council to the granting of a beer permit for the Tigermarket located at 1401 Charlotte Avenue.

WHEREAS, the Exxon Corporation has made application for a beer permit for the Tigermarket located at 1401 Charlotte Avenue, which location was previously denied a permit as the location is within one hundred feet of the Bethlehem Daycare Center and its playground; and

WHEREAS, the Tennessee Supreme Court upheld the decision of the Metropolitan Beer Permit Board denying a previous application for such permit; and

WHEREAS, the Tennessee General Assembly adopted legislation that would in effect specifically “grandfather” this new structure for a permit; and

WHEREAS, the Metropolitan Department of Law has issued Legal Opinion No. 2002-05 which opines that the legislation adopted by the Tennessee General Assembly is not retrospective and, therefore, this location may not be granted a beer permit.

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

Section 1. The Metropolitan County Council hereby goes on record as expressing its opposition to the granting of a beer permit for the Tigermarket located at 1401 Charlotte Avenue.

Section 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to the members of the Metropolitan Beer Permit Board.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace, Brenda Gilmore, Chris Ferrell, Don Majors, Lawrence Hall, Jr., Eileen Beehan, Lynn Williams, Jason Alexander, Norma Hand, Edward Whitmore, Morris Haddox, Tony Derryberry, Michael Kerstetter, Feller Brown, Bettye Balthrop, James Dillard, Ronnie Greer, John Summers, Jim Shulman, Janis Sontany, Bob Bogen