DATE: November 1, 2016
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
Lanaii Benne, Assistant City Recorder
Kristen Corn, Assistant City Attorney
SUBJECT:
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Consideration of Ordinance 2016-03, An Ordinance To Be Entitled, “An Ordinance Amending Title 8, Chapter 1 Of The Franklin Municipal Code Relative To Alcohol Other Than Beer To Provide Guidance For Retail Food Stores And Other General Housekeeping.” (4-12-16 WS, 11/08/16; 11-22-16 BOMA 1st Reading 8-0) SECOND AND FINAL READING
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Purpose
The purpose of this memorandum is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning amending the Municipal Code (Title 8, Chapter 1) that addresses Alcoholic Beverages Other than Beer.
Background
Title 8, Chapter 1 has been amended to align with Tennessee Code Annotated updates recently made, including the Wine in Grocery Stores law. Specific changes to the ordinance include the addition of term definitions for certificate, certificate of compliance, retail food store, and retail liquor store, as well as an updated definition for wine. With the changes proposed by staff, some of the sections will be renumbered. This memo addresses the sections by the section number shown in the proposed ordinance.
Section 8-105 (Certificate of compliance required prior to issuance of license), has been added to clarify the requirements of the certificates issued by the City as they relate to the liquor licenses provided by the TABC (retail liquor stores, and retail food stores).
Section 8-106 (Restrictions as to location of retailers) has been modified to include the statement that, ‘no certificate of compliance shall be issued for the operation of a retail liquor store or for the sale of wine at a retail food store where such store would be a prohibited use under the city’s zoning ordinance’. This aligns with the state’s Wine in Grocery Stores law (57-3-806(b)(2)). The section further defines the restrictions for retail liquor store locations including the distance allowed from a public library, private residence, church or other religious institution, school, or college, or another retail liquor store and the method of measurement. The restrictions are unchanged from the prior version of the ordinance, but the section was reformatted for clearer reading.
Section 8-110 (Residency requirement for managing agents and licensees) has had the striking removed from the previously presented version. The State of Tennessee Attorney General (AG) will not be opining on this section due to pending litigation at the State level. Therefore, we have returned it to its original format.
The code has also been updated to remove the section prohibiting the manufacturing of alcoholic beverages. The prohibition against pin ball machines and music machines being able to operate on the premises where alcoholic beverages are sold has also been removed [8-115 (9)].
Section 8-117 (Regulation of retail sales) has been revised to coincide with recent state law changes allowing for a retailer to operate more than one retail liquor store within city limits, but hold no more than 50% of the licenses authorized for issuance by the city.
Section 8-118 (Consumption of alcoholic beverages on premises) has been modified to include ‘limited service restaurants’ as defined in the chapter and as provided by Tennessee Code Annotated Title 57. This brings our code into line with state law as it relates to on premises liquor licenses.
These and other proposed amendments are intended to ‘clean up’ outdated sections as well as to fully acknowledge recent changes to state laws.
Financial Impact
No direct financial impact is anticipated to the City.
Recommendation
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Staff recommends approval of Ordinance 2016-03, which amends Title 8, Chapter 1 of the Municipal Code.