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Substitute Bill BL2020-403

An ordinance amending Chapter 13.32 of the Metropolitan Code of Laws relative to sidewalk cafes and Chapter 7.08 of the Metropolitan Code relative to retail sales and storage of beer and providing that businesses may utilize parking areas for additional customer seating under certain conditions.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 13.32.165 of the Metropolitan Code is hereby amended by adding the following new Subsection E as follows:
E. Notwithstanding the provisions of this section to the contrary, a sidewalk café dining facility may be authorized within the public right-of-way throughout the jurisdiction of the Metropolitan Government. Such sidewalk café dining facilities must comply with all other provisions of this section, except that a sidewalk café facility may sell beer and other alcoholic beverages if the requirements of all applicable laws, rules and regulations for the sale of beer and/or alcoholic beverages have been satisfied. This subsection E shall be in effect until January 1, 2021, unless extended by a resolution adopted by the metropolitan council. Any fees associated with a permit issued pursuant to this section shall be waived while this subsection E is in effect.

Section 2. That Section 7.08.190 of the Metropolitan Code is hereby amended by deleting the first sentence and substituting with the following:
Retailers holding permits to sell beer are authorized to sell and store beer at only the location authorized by the metropolitan beer permit board and specifically designated on their respective permits as the place for which the permit is issued, provided that those permit holders operating a sidewalk café dining facility permitted under Section 13.32.165.E of the Metropolitan Code may sell beer on the sidewalk, parking area, or other rights-of-way adjacent to the property, or as otherwise authorized by the metropolitan beer permit board.

Section 3. That any business operating at a reduced capacity due to a public health order related to COVID-19 may utilize parking areas owned or operated by the business to seat additional customers to promote safe social distancing. However, all such businesses utilizing their parking areas shall maintain accessible parking spaces for persons with disabilities and shall not uses these parking spaces for customer seating. This provision shall be in effect until January 1, 2021, unless extended by a resolution adopted by the metropolitan council.

Section 4. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Sean Parker, Angie Henderson

Legislative History

IntroducedSeptember 1, 2020

Referred toPublic Safety, Beer, and Regulated Beverages Committee


Public Works Committee

Adopted and Passed Second ReadingSeptember 1, 2020

Passed Third Reading-

Approved-

By-

Next ConsiderationSeptember 15, 2020

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 09/04/2020 1:55 PM