§ 7.08.090. Location restrictions—Issuance of permit after revocation.

A.

1. No beer permit shall be issued to an applicant whose location is less than one hundred feet from a place of worship, a school or its playground, a park, a licensed day care center or nursery school or their playgrounds, or a dwelling for one or two families. One- or two-family dwellings shall not be construed to include house trailers, on wheels or otherwise. Provided, however, that the minimum distance requirements contained herein shall not be applicable to any location which is in the DTC or CF zone districts. This subsection shall not affect any location for which a beer permit was in effect within three hundred sixty-five days of May 26, 1992, the effective date of the ordinance codified in this subsection A and, further, shall not affect said location thereafter so long as a beer permit is held for that location without lapse of more than three hundred sixty-five days, even if there is a change of ownership of the location or the business thereon. Provided, however, the foregoing to the contrary notwithstanding, the distance requirements contained herein shall be applied to any location which has been granted a beer permit after January 1, 1992, that was not subject to a minimum distance requirement. Provided, however, the distance requirements provided herein shall not be applicable to a retailer on-sale beer permit for any location that is on a lot in the MUL district under the provisions of Title 17 of the Metropolitan Code of Laws so long as (a) a retailer on-sale beer permit is obtained prior to April 30, 2003; (b) more than fifty percent of the gross sales of said applicant for said location is derived from food sales, excluding sales of alcoholic beverages; and (c) thereafter said permit is held without lapse of more than three hundred sixty-five days, regardless of any change of ownership. Provided however, the distance requirements provided herein shall not be applicable to establishments which are: (a) located within the urban services district; (b) selling beer for on-premises consumption only; and (c) separated by a state or federal highway consisting of no less than four lanes of traffic excluding parking lanes, from all places of worship, schools or its playgrounds, parks, licensed day care centers or nursery schools or its playgrounds, or dwellings for one or two families that are otherwise less than one hundred feet from such establishments. Provided, however, the minimum distance requirements established herein shall not be applicable to any retailer on-sale beer permit issued to any metropolitan arena. No retailer off-sale beer permit may be issued to any metropolitan arena which does not comply with the minimum distance requirement set forth above. For purposes of this section, "metropolitan arena" means a facility owned, operated or leased by a metropolitan government or any agency or commission thereof, or by a nongovernmental individual, corporation, partnership or other legal entity, with permanent seating capacity in excess of nine thousand persons, which is located within the downtown code (DTC) district or a core commercial frame (CF) zone district established pursuant to Title 17, which is designed primarily for indoor sporting, recreational, convention and/or entertainment use and may contain space and facilities for meetings, exhibitions, retail sales, retail food dispensing and restaurants and is a facility for which a license has been obtained from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption. All premises which are permitted under these provisions which are arenas for entertainment and sporting events shall provide designated seating which shall be "alcohol free" in the facility for events when beer or other alcoholic beverages are sold. Provided, however, the distance requirements provided herein shall not be applicable to a catered event by the holder of valid caterer's permit issued pursuant to this chapter.

2.

Any metropolitan arena which has a retailer on-sale beer permit issued under the provisions of Section 7.08.090(A)(1) shall be subject to the following provisions and restrictions:

a.

For any public event conducted in such metropolitan arena which shall have an attendance of two thousand five hundred or more persons shall file with the metropolitan beer board, prior to such event, a detailed plan which provides for the following:

i.

The number of persons selling or distributing beer,

ii.

Locations and numbers of security personnel used to monitor the distribution and consumption of beer,

iii.

Locations and number of police officers to be present,

iv.

Methods of controlling amount of alcoholic beverages to be sold to individuals,

v.

Times during the event that the sale of beer and other alcoholic beverages will begin and terminate, and

vi.

Indication of method under which the plan was developed (i.e., past history of similar events, research of similar events conducted at other locations, etc.);

b.

For any public event conducted in such metropolitan arena which shall have an attendance of two thousand five hundred or more persons and beer and/or other alcoholic beverages are to be sold, there shall be an area provided within the premises to house individuals who are unruly. Such area shall be separated from the activities of said event and shall be so located to properly protect the safety of persons to be detained as well as the general public;

c.

The sale or consumption of beer shall not be permitted at any event open to the public by ticket sales or otherwise which is primarily conducted for the attendance of minors or children;

d.

The permit holder shall provide the metropolitan beer board satisfactory evidence that all persons selling or distributing beer or other alcoholic beverages under said permit shall have completed a program of effective alcohol management such as T.E.A.M. (Techniques of Effective Alcohol Management), ASK (Alcohol Servers Knowledge program), or other such program as required by the Alcoholic Beverage Commission of the State of Tennessee;

e.

Provided, however, no retailer off-sale beer permit or special permit may be issued under the provisions of ordinance codified in this section which does not comply with the minimum distances and other requirements as otherwise required.

3.

Distances shall be measured in a straight line from the closest point of the applicant's building to the closest point of the building of the place of worship or dwelling; from the closest point of the applicant's building to the closest boundary of a park; from the closest point of the applicant's building to the closest boundary of a public school of the board of public education of the metropolitan government; and from the closest point of the applicant's building to the closest point of the building of a school, licensed day care center or nursery school, or to the closest boundary of the playground of the school, day care center or nursery school, whichever is closest to the applicant's building.

B.

No permit shall be issued to any person for a location which fails to comply with any health ordinances or any regulation of the department of health or which would violate any zoning ordinance of the metropolitan government.

C.

Where a beer permit is revoked, no new permit shall be issued to permit the sale of beer on the same premises to the same business enterprise or its employees operating the premises until after the expiration of one year from the date such revocation becomes final and effective; provided, however, said premises shall be eligible for the issuance of a new beer permit to a business enterprise or its employees, an owner and/or lessee who was not subject to the revocation of a beer permit at such location provided all requirements of the code regarding the location of on-sale and/or off-sale beer permits shall be met. However, a permit shall not be issued to a partner, employee, associate or relative of the holder of a revoked permit if said relationship existed at the time of the offense.

D.

No permit shall be issued where the applicant has had revoked, within ten years, either a permit issued for the sale of beer by any board duly created within the county or municipality of this state or any license for the sale of liquor in any form by the alcoholic beverage commission of this state.

E.

Exemption by resolution after public hearing.

1.

Notwithstanding any other provision of this section to the contrary, any restaurant or any retail food store as defined below, shall be exempt from the minimum distance requirements set forth in subsection A. of the section upon the adoption of a resolution, after a public hearing, by the metropolitan council receiving twenty-one affirmative votes approving the exemption of the restaurant or retail food store from said minimum distance requirements. The metropolitan clerk shall notify the board in writing upon the adoption of a resolution approving an exemption from the minimum distance requirements.

2.

A "retail food store" for purposes of subsection E.1. above means an establishment that is open to the public that derives at least twenty percent of its sales taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in Tennessee Code Annotated Section 67-6-228(a) and has retail floor space of at least ten thousand square feet. An applicant can meet the requirements of this subsection E.2. by filing an affidavit with the metropolitan beer permit board which creates a rebuttable presumption that the applicant qualifies as a retail food store.

3.

Notwithstanding any other provision of this section to the contrary, any holder of a validly issued Brewer's Notice from the United States Alcohol and Tobacco Tax and Trade Bureau shall be exempt from the minimum distance requirements set forth in subsection A. of the section upon the adoption of a resolution, after a public hearing, by the metropolitan council receiving twenty-one affirmative votes approving the exemption of the establishment from said minimum distance requirements. The metropolitan clerk shall notify the board in writing upon the adoption of a resolution approving an exemption from the minimum distance requirements.

4.

The board shall notify the councilmember for the district in which the applicant establishment is located in writing within five business days from the date the application is filed requesting the waiver of distance requirements.

5.

The public hearing required by this subsection shall be conducted by the council at a regular meeting of the council. Public notification of the hearing shall be conducted pursuant to the public notification requirements for amendments to the official zoning map in accordance with Article XV of Chapter 17.40 of the metropolitan code, provided that notice by mail shall be sent to all property owners within six hundred feet of the establishment seeking the exemption from the minimum distance requirements not later than fourteen days prior to the scheduled public hearing on the resolution. Further, a public notice sign meeting the general requirements of Section 17.40.730 of the metropolitan code shall be posted on the property of the applicant seeking the exemption from the minimum distance requirements at least fourteen days prior to the scheduled public hearing. The costs for the public notification requirements shall be paid by the applicant, in addition to the regular application fee pursuant to Section 7.08.060 of this chapter. The applicant shall coordinate the scheduling of the public hearing with the metropolitan clerk's office prior to the filing of the resolution for purposes of including the date and time of the public hearing in the public notice to be mailed.

6.

Failure of a retail food store permit holder that is exempted from the distance requirements pursuant to this subsection to meet the applicable requirements in subsection E.2. above shall constitute grounds for revocation of a permit for the sale of beer. Upon revocation of a beer permit for failure to meet the applicable requirements in subsection E.2., the retail food store applicant shall be required to reapply for the permit without being exempted from any distance requirements.

7.

Notwithstanding any other provision of this section to the contrary, any holder of a validly issued Wholesaler Basic Permit from the United States Alcohol and Tobacco Tax and Trade Bureau shall be exempt from the minimum distance requirements set forth in subsection A. of the section upon the adoption of a resolution, after a public hearing, by the metropolitan council receiving twenty-one affirmative votes approving the exemption of the establishment from said minimum distance requirements. The metropolitan clerk shall notify the board in writing upon the adoption of a resolution approving an exemption from the minimum distance requirements.

F.

Notwithstanding any other provision of this section to the contrary, no on-premises beer permit shall be revoked or denied solely because the expansion of the footprint of the building causes the establishment to be located within one hundred feet of a school that received an occupancy permit from the department of codes administration after the permit holder obtained the initial beer permit. Further, if an on-premises beer permit holder sells the business establishment after a school locates within one hundred feet of the establishment, an on-premises beer permit shall not be denied for the new owner solely as a result of its proximity to said school as long as the new owner applies for the on-premises beer permit within three hundred sixty-five days after the expiration of the previous owner's beer permit.

G.

Notwithstanding any other provision of this section to the contrary, the location restrictions provided in subsection A. prohibiting a beer permit from being issued to an applicant whose location is within one hundred feet of a one or two family dwelling shall not apply if the only single or two family dwelling within one hundred feet is connected to the structure for which the permit is sought and is the primary dwelling of the permit holder.

H.

No retailer off-sale permit shall be issued to an applicant whose location is within or attached to an indoor shopping mall that has a community center operated by the metropolitan department of parks and recreation and/or a public library on the premises. For purposes of this subsection, "indoor shopping mall" means a shopping center with stores and businesses facing a system of enclosed walkways for pedestrians.

(Ord. BL2018-1405 §§ 4, 5, 2018; Ord. BL2017-907 §§ 1, 2, 2017; Ord. BL2017-654 § 5, 2017; Ord. BL2016-454 §§ 1, 2, 2016; Ord. BL2016-330 §§ 1, 2, 2016; Amdt. 1 to Ord. BL2016-160 § 1, 2016; Ord. BL2016-160 § 1, 2016; Ord. BL2015-1278 § 1, 2015; Amdt. 1 to Ord. BL2014-840 § 1, 2014; Ord. BL2014-840 § 1, 2014; Ord. BL2014-742 § 1, 2014; Amdt. 1 to Ord. BL2014-697 § 1, 2014; Ord. BL2014-697 § 1, 2014; Ord. BL2010-714 § 1, 2010; Ord. BL2010-710 § 1, 2010; Ord. BL2009-587 § 1, 2009; Ord. BL2004-498 § 3, 2005; Ord. BL2003-1353 § 1, 2003; Ord. BL2002-1162 § 1, 2002; Ord. BL2000-442 § 1, 2000; Ord. BL2000-405 § 1, 2000; Ord. BL99-118 § 1, 2000; Ord. 99-1794 § 7 (part), 1999; Ord. 98-1325 § 1, 1998; Ord. 97-924 § 1, 1997; Amdts. 1, 2, 3, 4 to Ord. 94-1315, 6/6/95; Ord. 95-1315 § 1, 1995; Ord. 92-448 § 1, 1992; Ord. 92-434 § 1, 1992; Ord. 92-406 § 1, 1992; Amdt. 2 to Ord. 92-246, 4/21/92; Amdt. 1 to Ord. 92-246, 4/21/92; Ord. 92-246 § 2, 1992; Amdt. 1 to Ord. 91-1552; 4/22/91; Ord. 91-1552 § 1,1991; Ord. 90-1435 § 1, 1990; Amdt. 1 to Ord. 89-1033, 12/5/89; Ord. 89-1033 §§ 1, 2, 1989; prior code § 5-1-18.2)