title
An ordinance amending Section 17.04.060 of the Metropolitan Code, Zoning Regulations to add a definition for “bar or nightclub” and amend the definition of “beer and cigarette market” (Proposal No. 2024Z-022TX-001).
body
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 17.04.060 of the Metropolitan Code is hereby amended by adding a definition for “bar or nightclub” in alphabetical order as follows:
“Bar or nightclub” means any establishment primarily in the business of the sale of alcoholic beverages for on-premises consumption and possessing the appropriate licenses for such and where the sale of prepared food-stuffs accounts for 49% or less of the establishment’s sales. These classes are referenced:
1. Bar or nightclub - Small: An establishment with a maximum occupancy capacity of 100 persons or fewer.
2. Bar or nightclub - Large: An establishment with a maximum occupancy capacity greater than 100 persons.
Section 2. That Section 17.04.060 of the Metropolitan Code is hereby amended by deleting the definition for “beer and cigarette market” in its entirety and replacing it with the following:
“Beer and cigarette market” means a retail establishment where the majority of the inventory available for purchase is alcoholic beverages with an alcoholic content of eight percent alcohol by weight or less and/or any product containing or used for consuming nicotine, cannabidiol (CBD), tetrahydrocannabinol (THC), or other similar substances.
Section 3. The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.
Section 4. This Ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Section 17.04.060 of the Metropolitan Code to add a definition for the ‘Bar or nightclub’ use and to amend the definition for the ‘Beer and cigarette market’ use.
The ordinance proposes to define a ‘Bar or nightclub’ as “any establishment primarily in the business of the sale of alcoholic beverages for on-premises consumption and possessing the appropriate licenses for such and where the sale of prepared food-stuffs accounts for 49% or less of the establishment’s sales”. It also establishes two classes of bar or nightclub based on maximum allowed occupancy that can be used in future regulations of bars and nightclubs. Currently, there is no definition for ‘Bar or nightclub’ in the zoning code. The Zoning Administrator currently classifies any establishment where prepared food accounts for less than 50% of the establishment’s sales as a ‘Bar or nightclub’ use.
The ordinance also proposes updating the current definition for ‘Beer and cigarette market’. The current definition for ‘Beer and cigarette market’, “a retail establishment that advertises itself on the exterior of the premises as a tobacco and/or beer market, and whose inventory consists primarily of alcoholic beverages and tobacco products”, only covers establishments primarily engaged in the selling beer and tobacco products that advertise themselves as such. The proposed definition, “a retail establishment where the majority of the inventory available for purchase is alcoholic beverages with an alcoholic content of eight percent alcohol by weight or less and/or any product containing or used for consuming nicotine, cannabidiol (CBD), tetrahydrocannabinol (THC), or other similar substances”, adds additional product types that are materially similar to tobacco and beer products in use, as well as removes the advertising requirement. Currently, establishments primarily selling non-tobacco nicotine products, CBD, and THC products fall under the ‘Retail’ use based on the Zoning Administrator’s interpretation.
The Planning Commission is scheduled to hear this item at its December 12, 2024, and January 9, 2025, meetings.
Because 30 have not elapsed since the date of referral to the Planning Commission, this item must be deferred to the January 21, 2025, public hearing pursuant to Council Rule 29 and Metropolitan Charter Sec. 18.02.