RESOLUTION NO. RS2015-76

A resolution requesting the Metropolitan Board of Fair Commissioners to reinstate and continue to allow gun shows on Fairgrounds property and to otherwise comply with Section 11.602 of the Metropolitan Charter.

WHEREAS, the Metropolitan Government is the owner of real property commonly known as the Tennessee State Fairgrounds (hereinafter “Fairgrounds”); and

WHEREAS, the Fairgrounds property is currently operated by and under the control of the Metropolitan Board of Fair Commissioners (“fair board”) which is an instrumentality of the Metropolitan Government, provided for under Chapter 6 of Article 11 of the Charter for the Metropolitan Government of Nashville and Davidson County, and created by Chapter 515, Tennessee Private Acts of 1923; and

WHEREAS, the private acts referenced in Section 11.062 of the Metropolitan Charter provide that the fair board was created for the purpose of establishing, maintaining, and operating a fair for the people of Nashville and Davidson County; and

WHEREAS, on December 1, 2015, the fair board voted to terminate gun shows at the Fairgrounds after completion of existing operator contracts, pending adoption of new rules governing such shows; and

WHEREAS, vendors and events, including Bill Goodman’s Gun and Knife Show and the RK Gun Show, have conducted gun shows at the fairgrounds for over three (3) decades; and

WHEREAS, following the events of December 1, 2015 when the fair board announced the decision to prohibit gun shows at the Fairgrounds, Members of Council have received numerous phone calls, emails and other communications from constituents expressing their desire that gun shows be permitted to remain at the Fairgrounds; and

WHERAS the Fairground derives revenues in excess of a quarter million dollars annually from gun shows; and

WHEREAS, on August 4, 2011, the voters of Davidson County approved an amendment to the Metropolitan Charter to add, in part, the following provision applicable to the Tennessee State Fairgrounds:

All activities being conducted on the premises of the Tennessee State Fairgrounds as of December 31, 2010, including, but not limited to, the Tennessee State Fair, Expo Center Events, Flea Markets, and Auto Racing, shall be continued on the same site.

WHEREAS, the August 4, 2011 Charter amendment approved by the voters, and now codified at Section 11.602 of the Metropolitan Charter as amended, essentially prohibits the cessation of any of the existing uses at the Tennessee State Fairgrounds; and

WHEREAS, Section 2.78.010 of the Metropolitan Code of Laws further provides, in part, that in addition to the duties provided in Section 11.601 of the Charter of the Metropolitan Government of Nashville and Davidson County, the fair board shall continue to operate the expo center and related facilities on the Tennessee State Fairgrounds property at such times and in such ways as to not interfere with the operation of the Tennessee State Fair until another suitable location for these activities has been identified and approved by an ordinance of the Metropolitan Council; and

WHEREAS, by virtue of their actions of December 1, 2015, the fair board has potentially exposed the Metropolitan Government of Nashville & Davidson County to the risk of litigation by national organizations as well as by local vendors, resulting in potential and significant financial loss; and

WHEREAS, it is fitting and proper that the Metropolitan Council request the continued operation of gun shows at the Fairgrounds.

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 requesting the Metropolitan Board of Fair Commissioners to overturn their December 1, 2015 action and take the necessary action to reinstate, and to otherwise allow, the continued operation of gun shows at the Fairgrounds prior to December 31, 2015.

Section 2. The Metropolitan County Council hereby further goes on record as requesting that if the fair board should act in violation of the Metropolitan Charter and thereby place the Metropolitan Government of Nashville & Davidson County in jeopardy of financial loss, then all capital funding provided by the Metropolitan Government of Nashville & Davidson County should be withheld and no further operational supplemental funding should be provided.

Section 3. The Metropolitan Clerk is directed to send a copy of this Resolution to State Fair Director Buck Dozier and to each member of the Board of Fair Commissioners.

Section 4. 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: Steve Glover, Larry Hagar, Robert Swope, Sheri Weiner, Holly Huezo