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 further 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, and the origin of clusters of COVID-19 infections, it is appropriate to continue to pause portions of phase three and extend further a hybrid phase two.
Accordingly, to protect public health, Order 9 as amended from the Chief Medical Director is revised as follows:
The first paragraph of Section 4 of Amended and Restated Order 7 from the Chief Medical Director is replaced with the following:
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 continue to provide curb-side or off-premise delivery and sale of prepared food or beverages subject to any applicable federal, state, or local laws, except that curb-side delivery and sale of alcohol shall be prohibited between 10:00 p.m. CDT and 5:00 a.m. CDT. Consumption of alcohol on premises at any time shall be prohibited.
The second paragraph of Section 4 of Amended and Restated Order 7 from the Chief Medical Director as amended by Amendment 2 of Order 9 from the Chief Medical Director is amended by deleting the following condition for individuals, entities or organizations whose primary business is food service (any food service establishment as defined in T.C.A. § 68-14-703(9)):
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 after 10:00 p.m. CDT.
and replacing it with the following:
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.
The second paragraph of Section 4 is further amended by deleting the following condition for individuals, entities or organizations whose primary business is food service (any food service establishment as defined in T.C.A. § 68-14-703(9)):
All customers shall be off premises and the premise closed to the public at 10:00 p.m. CDT.
And replacing it with the following:
All customers shall be off premises and the premise closed to the public between 10:00 p.m. CDT and 5:00 a.m. CDT.
Section 5 of Amended and Restated Order 7 from the Chief Medical Director is revised to provide that 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 continue to provide curb-side or off-premise delivery and sale of beverages subject to any applicable federal, state, or local laws, except that curb-side delivery and sale of alcohol shall be prohibited between 10:00 p.m. CDT and 5:00 a.m. CDT. Consumption of alcohol on premises at any time shall be prohibited. Otherwise, the provisions in Section 5 remain unchanged.
Section 14 of Amended and Restated Order 7 from the Chief Medical Director, as adopted in Amendment 1 of Order 9 from the Chief Medical Director and revised in Amendment 2 of Order 9 from the Chief Medical Director, is revised to provide the following:
Businesses holding a certificate of public convenience and necessity issued by the Metropolitan Transportation Licensing Commission (MTLC) under Metro Code of Laws (M.C.L.) Section 6.75.020 (pedicabs and pedal carriages) and limousines as defined in M.C.L Section 6.74.010 shall close to the public. No individual holding a driver’s permit issued by the MTLC under M.C.L. Section 6.75.110 shall operate a pedicab or pedal carriage for the purpose of transporting any member of the public.
Businesses or individuals operating passenger vehicles for hire (“for hire,” as used herein, has the same definition as it is given in Section 6.74.010 of the Metropolitan Code of Laws) in Davidson County that are designed to transport more than 15 passengers, including the driver, or which have a gross vehicle weight rating or gross combination weight rating of ten thousand and one (10,001) or more pounds shall close to the public pursuant to the Chief Medical Director’s authority under Tenn. Code Ann. § 68-2-609 and the Governor’s Executive Order 38, as amended by Executive Order 50. Notwithstanding the above, the following businesses may remain open:
- Services or vehicles operated, managed, or controlled by the Nashville Metropolitan Transit Authority.
- Intercity carriers of passengers operating under authority from the Federal Motor Carrier Safety Administration that are members of the nationwide intercity bus network and that provide regularly scheduled bus service for the general public, where such bus service operates with limited stops over fixed routes connecting two or more urban areas not in close proximity, has the capacity for transporting baggage carried by passengers, and makes meaningful connections with scheduled intercity bus service to more distant points, if such service is available.
Except as revised herein, Order 9 as amended, and Amended and Restated Order 7 from the Chief Medical Director remain unchanged and in effect.
This Order is hereby issued and effective at 12:01 a.m. CDT on July 31, 2020 and shall remain in effect through 11:59 p.m. CDT on August 16, 2020, subject to extension.
Date: July 30, 2020
Michael C. Caldwell, MD, MPH
Chief Medical Director of Health