A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require restaurants located in Davidson County to meet the Metropolitan Government beer permit distance requirements in order to obtain a license issued by the Tennessee Alcoholic Beverage Commission for the sale and consumption of alcoholic beverages.

WHEREAS, Section 7.08.090 of the Metropolitan Code of Laws prevents a beer permit from being issued to an establishment located within 100 feet from a church, school, park, daycare, or one or two family residence; and

WHEREAS, pursuant to state law, the Alcoholic Beverage Commission has the exclusive authority over granting licenses for the sale and on-premises consumption of alcoholic beverages; and

WHEREAS, Tennessee Code Annotated §57-4-201 provides in part that the Alcoholic Beverage Commission has the authority to require an applicant for a license for sale of alcoholic beverages for consumption on the premises to disclose the location of the premises for which the license is sought, however there are no distance requirements provided; and

WHEREAS, some establishments in Nashville and Davidson County have obtained a license from the Alcoholic Beverage Commission for the sale and consumption of alcoholic beverages on the premises, but do not meet the minimum distance requirements of the Metropolitan Government to obtain a beer permit; and

WHEREAS, in December 2003, the Metropolitan Council adopted a resolution requesting the Davidson County Delegation to the Tennessee General Assembly to make the Metropolitan Government beer permit distance requirements applicable to establishments seeking a state liquor license, but no action has been taken by the General Assembly to date; and

WHEREAS, it is in the best interest of the safety and welfare of the citizens of Nashville and Davidson County that the Tennessee General Assembly enact minimum distance requirements for establishments in Davidson County applying for a state license for the sale and on-premises consumption of alcoholic beverages that comport with the Metropolitan Government's minimum distance requirements for the issuance of beer permits.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require restaurants located in Davidson County to meet the Metropolitan Government beer permit distance requirements in order to obtain a license issued by the Tennessee Alcoholic Beverage Commission for the sale and consumption of alcoholic beverages.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That 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: Jim Forkum, Jim Gotto