File #: BL2023-1870    Name:
Type: Bill (Ordinance) Status: Passed
File created: 5/9/2023 In control: Metropolitan Council
On agenda: 6/13/2023 Final action: 6/13/2023
Title: An ordinance to amend Title 7 of the Metropolitan Code of Laws, the Alcoholic Beverage Regulations of the Metropolitan Government of Nashville and Davidson County, exempting from the arterial-boulevard requirement, a retail location near Charlotte Park, all of which is described herein.
Sponsors: Mary Carolyn Roberts, Brett Withers

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An ordinance to amend Title 7 of the Metropolitan Code of Laws, the Alcoholic Beverage Regulations of the Metropolitan Government of Nashville and Davidson County, exempting from the arterial-boulevard requirement, a retail location near Charlotte Park, all of which is described herein.

 

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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 7.16.030 of the Metropolitan Code of Laws is amended by deleting Subsection A.2 in its entirety and replacing it with the following:

 

2.                     The proposed location is on, or has its principal access to, an existing arterial-boulevard as shown on the major street plan as adopted by the metropolitan planning commission; provided this arterial-boulevard street access requirement shall not be applicable for the following:

 

(a)                     a retail location with an entertainment event center adjoining as a separate business to said retail location, on a commercial property that consists of 2.24 acres within a strip shopping center as of 2018, located seven hundred fifty feet from the nearest existing arterial boulevard and located on a collector-avenue or local street no more than 3,960 feet in length that intersects, at two or more locations, the same existing arterial boulevard as depicted on the major street plan as adopted by the metropolitan planning commission.

 

(b)                     an artisan distillery as defined in Section 17.04.060 of the Metropolitan Code.

 

(c)                     a retail location on a commercial property that consists of approximately four acres within a Master Condominium Property established by Declaration recorded in 2021, located on a collector-avenue or local street no more than 3,960 feet from the nearest existing arterial boulevard and located within 200 yards of Charlotte Park;

 

Section 2.                     This Ordinance shall take effect after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

 

Agenda Analysis

Analysis

 

This ordinance amends Section 7.16.030 of the Metropolitan Code of Laws regarding where a retail liquor store may be located. Current Metro law authorizes liquor to be sold at retail locations, provided the following criteria are met: (1) the proposed location is within the Urban Services District, (2) the proposed location is on, or has its principal access to, an existing arterial-boulevard as shown on the major street plan as adopted by the metropolitan planning commission; and (3) the proposed location is within major commercial concentrations having a land area of ten or more contiguous commercially developed acres.

 

For the second criteria, there are currently two exceptions to the requirement that the location be on an arterial-boulevard: (1) retail locations with an entertainment event center adjoining as a separate business on a commercial property that consists of 2.24 acres within a strip shopping center as of 2018, located 750 feet from the nearest existing arterial boulevard and located on collector-avenues or local streets no more than 3,960 feet (3/4 of a mile) in length that intersect, at two or more locations, the same existing arterial boulevard and (2) an artisan distillery, as defined in Section 17.04.060 of the Metropolitan Code.

 

The ordinance under consideration would add another exception to the arterial-boulevard requirement. This exemption would apply to a retail location on a commercial property that consists of approximately four acres within a Master Condominium Property established by Declaration recorded in 2021, located on a collector-avenue or local street no more than 3,960 feet from the nearest existing arterial boulevard and located within 200 yards of Charlotte Park.