On July 2, 2020, the Chief Medical Director issued Order 9, Phase Two with Modifications: Reopening, pursuant to the Declaration of Public Health Emergency adopted by the Board of Health for Nashville and Davidson County on March 15, 2020.
Order 9 from the Chief Medical Director revised certain sections in Amended and Restated Order 7 from the Chief Medical Director issued on June 29, 2020.
On July 17, 2020, the Chief Medical Director issued Amendment 1 of Order 9 revising Sections 4 and 5 in Amended and Restated Order 7 from the Chief Medical Director and adding a new Section 14.
On July 24, 2020, the Chief Medical Director issued Amendment 2 of Order 9 from the Chief Medical Director revising Sections 4, 5 and 14 of Amended and Restated Order 7 from the Chief Medical Director.
On July 31, 2020, the Chief Medical Director issued Amendment 3 of Order 9 again revising Sections 4, 5 and 14 of Amended and Restated Order 7 from the Chief Medical Director.
Based on considerations contained in the Roadmap, the significant increase in numbers in Nashville and Davidson County, the origin of clusters of COVID-19 infections, and Metropolitan Government inspectors and law enforcement officers’ observations of practices that contribute to or cause violations of the Chief Medical Director’s orders and Centers for Disease Control and Prevention guidance on wearing cloth face coverings, social distancing, hand hygiene, and cleaning and disinfecting surfaces, it is appropriate to continue to pause portions of phase three and modify further a hybrid phase two.
Accordingly, Order 10 from the Chief Medical Director is being issued to protect public health.
Notwithstanding Sections 4 and 5 in Amended and Restated Order 7 from the Chief Medical Director, the following conditions apply in the geographic areas in Nashville depicted on the maps attached hereto as Exhibit A, such areas covering Downtown and Midtown:
- No person while in or on a street, alley, sidewalk, parking lot, parking garage or other outdoors area generally open to the public, except a location where a special event permit is in place, shall: 1. consume beer, ale, wine or other alcoholic beverage; or 2. have in their possession beer, ale, wine or other alcoholic beverage in an open container. Notwithstanding any definition of “premises,” these prohibitions apply to all such areas in the Central Improvement District.
- An individual, entity or organization that holds a license as a Limited Service Restaurant (defined in T.C.A. § 57-4-102(22)) issued by the Tennessee ABC shall be closed to the public until 11:59 p.m. CDT on August 16, 2020, but may provide curb-side delivery and sale of prepared food or non-alcoholic beverages and off-premise delivery and sale of prepared food or beverages, including alcohol subject to any applicable federal, state, or local laws. Consumption of alcohol on premises at any time shall be prohibited.
- With respect to an individual, entity or organization whose primary business is food service (any food service establishment as defined in T.C.A. § 68-14-703(9)), the second paragraph of Section 4 of Amended and Restated Order 7 from the Chief Medical Director, as amended by Amendment 3 of Order 9 from the Chief Medical Director is amended by deleting the following condition:
Services for the preparation of food or beverages, receiving call-in orders, providing take-out, window, drive-through or curb-side service, and off-premises delivery and sale of prepared food or beverages, including alcohol, remain open and may continue to operate after 10:00 p.m. CDT, except that take-out, window, or curb-side delivery and sale of alcohol shall be prohibited between 10:00 p.m. CDT and 5:00 a.m. CDT
and replacing it with the following:Alcoholic beverages may be sold for consumption on premises, but customers shall not be allowed to remove those beverages from the premises. Services for the preparation of food or non-alcoholic beverages, receiving call-in orders, providing take-out, window, drive-through or curb-side service, and off-premises delivery and sale of prepared food or non-alcoholic beverages, remain open and may continue to operate after 10:00 p.m. CDT. The sale of alcohol is prohibited, except when sold for consumption on premises or for off-premises delivery.
- Bars that hold an on-premise beer permit but do not hold a license issued by the Tennessee ABC shall close until 11:59 p.m. CDT on August 16, 2020, but may provide curb-side delivery and sale of prepared food or non-alcoholic beverages and off-premise delivery and sale of prepared food or beverages, including alcohol subject to any applicable federal, state, or local laws. Consumption of alcohol on premises at any time shall be prohibited.
This Order 10 is hereby issued and effective at 5:00 p.m. CDT on August 8, 2020 and shall remain in effect through 11:59 p.m. CDT on August 16, 2020, subject to extension.
Date: August 7, 2020
Michael C. Caldwell, MD, MPH
Chief Medical Director of Health