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Consent

Brentwood City Commission Agenda

Meeting Date:	08/13/2018
Ordinance 2018-13 - Amending Brentwood Municipal Code Regarding the Hours for Sale of Beer
Submitted by:	Kristen Corn, Legal
Department:	Legal

Information

Subject

Ordinance 2018-13 - Amending Brentwood Municipal Code Regarding the Hours for Sale of Beer

Background

The attached ordinance, if passed, will amend current provisions of the Brentwood Municipal Code relative to the hours during which beer may be sold.

In its 2018 legislative session, the Tennessee General Assembly amended state law to allow for the sale of retail wine and liquor on Sundays. As of April 20, 2018, retail package stores have been permitted to sell alcoholic beverages on Sundays beginning at 10:00 a.m. In January 2019, retail food stores (grocery stores) which are licensed by the Tennessee Alcoholic Beverage Commission (TABC) will be allowed to sell wine on Sundays beginning at 10:00 a.m. However, existing language in the Municipal Code prohibits beer sales between 12:00 midnight and 6:00 a.m. Monday through Saturday, or on Sunday from 12:00 midnight until 12:00 noon. The proposed ordinance adjusts the time for which beer sales can begin on Sundays to be 10:00 a.m. to be consistent with the new hours for alcohol sales provided by state law.

The proposed ordinance also acknowledges that state law controls the hours of sale in establishments that serve liquor and/or wine in addition to beer. In establishments that are licensed by the State to sell wine or liquor for on-premises consumption, Tennessee law provides that beer may be sold during the same hours that wine and liquor sales are allowed. The law allows on-premises licensees to serve wine and liquor from 8:00 a.m. to 3:00 a.m. every day except Sunday. Sunday sales may begin at 10:00 a.m. pursuant to a rule adopted by the TABC. In 2001, the City adopted Resolution 2001-44, opting out of the ABC rule, meaning that no sales of alcoholic beverages are to occur in Brentwood between 3:00 a.m. and noon on Sunday. However, staff has prepared Resolution 2018-60 for the Board of Commissioners' consideration to rescind Resolution 2001-44 and opt in to the TABC extended hours. The proposed ordinance modifies the existing footnote of Section 6-28(a) to acknowledge the opt-in and the TABC extended hours.

Please advise the City Attorney if you have any questions.

Staff Recommendation

Staff recommends passage of the attached ordinance.

Previous Commission Action

Ordinance 93-29, amending provisions of the Brentwood Municipal Code in regard to the sale of beer, was enacted on July 26, 1993.

Ordinance 2014-02, amending provisions of the Brentwood Municipal Code in regard to the Sale of Beer, was passed February 10, 2014.

Ordinance 2018-13 was approved on first reading at the July 23, 2018 meeting of the Board of Commissioners.

Fiscal Impact

Amount :	N/A
Source of Funds:
Account Number:

Fiscal Impact:

Attachments
Ord 2018-13 Amending Municipal Code Beer Hours
Signed Ordinance