ORDINANCE NO. BL2017-645

ORDINANCE NO. BL2017-645

An ordinance amending Section 12.54.210 of the Metropolitan Code of Laws to allow alcohol consumption by carriage passengers.

WHEREAS, the Transportation and Licensing Commission has exclusive jurisdiction of the licensing and regulation of vehicles for hire within the Metropolitan Government of Nashville and Davidson County; and,

WHEREAS, currently, horse-drawn carriage passengers are not permitted to consume alcoholic beverages during transport services; and,

WHEREAS, the Metropolitan Code of Law permits passengers in other vehicles for hire, including pedicab passengers, to consume alcoholic beverages during transport services; and,

WHEREAS, the Transportation and Licensing Commission wishes to amend the Metropolitan Code for uniformity to allow alcohol consumption on horse-drawn carriages.

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

Section 1. That Title 12, Section 12.54.210 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

A. A certificate holder or driver commits an offense if he or she provides an alcoholic beverage to a passenger for a fee or as part of the passenger transport service.

B. A certificate holder or carriage driver commits an offense if he or she provides or stocks any alcoholic beverage in the horse-drawn carriage.

C. Alcoholic beverages may be consumed by a carriage passenger under the following conditions:

1. Pursuant to Metropolitan Code of Laws Section 7.24.040, no alcoholic beverage may be transported or in the possession of carriage operator or passenger for the purpose of consumption while on a carriage on a street, alley sidewalk, parking lot, parking garage or other area generally open to the public in a glass, aluminum or metal container unless such container is commercially sealed.

2. No glassware of any kind shall be allowed on a carriage including but not limited to bottles, receptacles or drinking glasses.

3. Alcoholic beverages as defined in this Section may only be consumed from plastic or foam cups.

4. Alcoholic beverages as defined in this Section may be consumed only when the passenger is in or on carriage and only when otherwise permitted by all applicable state or local law and regulations, including but not limited to all other applicable provisions of the Tennessee Code Annotated, this chapter, this Title, and the Metropolitan Code.

5. The operator and driver may not allow consumption of alcoholic beverages by persons under the age of twenty-one (21). If alcoholic beverages as defined in this subsection are present on a carriage, the carriage operator shall not transport persons under the age of twenty-one (21) on the carriage.

Section 2. That amendments to this ordinance shall be approved by resolution.

Section 3. That this ordinance shall take effect after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Doug Pardue, Nancy VanReece

AMENDMENT NO. 1

ORDINANCE NO. BL2017-645

Mr. President –

I move to amend Ordinance No. BL2017-645 as follows:

I. By amending Section 1 by deleting Section 12.54.210.C.3 in its entirety and substituting therefore the following:

3. Alcoholic beverages as defined in this Section may only be consumed from ~~plastic or foam cups~~ plastic cups, paper cups, or cups made from other materials that are lightweight, recyclable and biodegradable.

LEGISLATIVE HISTORY
Introduced:	March 21, 2017
Passed First Reading:	March 21, 2017
Referred to:	Convention, Tourism, and Public Entertainment Facilities Committee Public Safety, Beer, and Regulated Beverages Committee
Amended:	April 4, 2017
Deferred:	April 4, 2017
Deferred Indefinitely:	April 18, 2017
Placed back on Agenda for:	June 6, 2017
Passed Second Reading:	June 6, 2017
Passed Third Reading:	June 20, 2017
Approved:	June 21, 2017
By: