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An ordinance amending Section 7.16.110 of the Metropolitan Code to provide a mechanism for retail liquor establishments to obtain an exemption from the minimum distance requirements for obtaining a certificate of compliance upon approval of the Metropolitan Council by resolution.
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NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 7.16.110 of the Metropolitan Code is hereby amended by adding the following new subsection H.:
H. Exemption by resolution after public hearing.
1. Notwithstanding any other provision of this section to the contrary, any retail liquor store 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 retail liquor store from said minimum distance requirements. In determining whether to adopt such a resolution, the Council shall take into consideration (a) the unique characteristics of the property at issue, (b) whether the granting of an exemption will be injurious to other property or improvements in the area, and (c) whether the granting of an exemption will be detrimental to the public welfare. The metropolitan clerk shall notify the Department of Law in writing upon the adoption of a resolution approving an exemption from the minimum distance requirements.
2. The applicant 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.
3. 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 zon...
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