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An ordinance amending Sections 17.04.060, 17.08.030, and 17.16.070 of the Metropolitan Code, Zoning Regulations to implement a distance requirement for the "bar or nightclub" use (Proposal No. 2021Z- 018TX-001).
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WHEREAS, pursuant to Tennessee Code Annotated Section 57-4-102(31)(A), the state requires establishments to have a seating capacity of at least forty (40) people at tables and derive more than fifty percent (50%) of their gross revenue from the serving of meals to be considered a restaurant for the purposes of regulating the consumption of alcoholic beverages on premises; and
WHEREAS, the Metro Codes Department uses this definition to distinguish establishments between being classified as a restaurant or a bar/nightclub; and
WHEREAS, this legislation does not impact establishments classified as restaurants by the Metro Codes Department.
NOW, THEEFORE BE IT ENACTED BY THE METROPOLITAN COUNCIL OF NASHVILLE & DAVIDSON COUNTY:
Section 1. That the following definition is added to Section 17.04.060 of the Metropolitan Code in alphabetical order:
"Bar or Nightclub" means any establishment primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These establishments may also provide limited food services.
Section 2. That the Zoning District Land Use Table in Section 17.08.030 of the Metropolitan Code is hereby amended as shown in Exhibit A.
Section 3. That Section 17.16.070, Subsection G of the Metropolitan Code is hereby deleted in its entirety and replaced with the following:
G. Bar or Nightclub.
1. Establishments shall be a minimum of 100 linear feet from the property line of another property upon which a single family residential, two family residential, day care center (up to 75), day care center (over 75), day care home, school day care, orphanage, monastery or convent, religious institution, or community education use is located.
2. In the MUN, MUN-A, MUN-NS, MUN-A-NS, CN, CN-A, CN-NS, CN-A-NS, SCN, and SCN-N...
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