RESOLUTION NO. RS2009-606

A resolution approving an amendment to the existing lease agreement between The Metropolitan Government and the State Of Tennessee for the Farmers Market Facility to allow alcohol sales on the premises of the Farmers Market.

WHEREAS, The State of Tennessee (“the State”) and the Metropolitan Government of Nashville and Davidson County (“Metro”) negotiated a lease pursuant to Resolution Number 94-1378; and,

WHEREAS, the parties desired to enter into a lease agreement for the Farmers Market Facility attached hereto and incorporated herein defining their respective rights, duties, and liabilities with respect to the Leased Premises, the Farmers Market facility constructed thereon and the Bicentennial Mall; and,

WHEREAS, Metro and the State entered into a lease pursuant to Resolution No. 95-1660; and,

WHEREAS, Resolution No. 95-1660 provided that any further amendment to the Lease Agreement must be approved by a resolution of the Metropolitan Council which receives at least twenty-one affirmative votes; and,

WHEREAS, the parties to the Lease Agreement desire now to amend the Lease Agreement to allow alcoholic beverages to be sold on the premises of the Farmers Market, a copy of which is attached; and,

WHEREAS, representatives of the Metropolitan Government and the State of Tennessee have agreed on language that should be amended in the Lease Agreement.

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

Section 1. That the Lease Agreement is hereby amended by deleting the sentence “The Lessee shall not sell or permit the sale of alcoholic beverages of any kind upon the Premises covered by this agreement” in Section 6.A. and adding new language as follows:

“The Lessee shall be allowed to sell or permit the sale of alcoholic beverages of any kind upon the Premises covered by this agreement upon receiving the required licensure from the State of Tennessee Alcoholic Beverage Commission or the required permits from the Metropolitan Beer Permit Board.”

Section2. This resolution shall take effect from and after its final passage, the welfare of the public requiring it.

Sponsored by: Erica Gilmore, Jim Hodge

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Codes Committee Public Safety Committee
Introduced:	January 20, 2009
Adopted:	January 20, 2009
Approved:	January 22, 2009
By: