Summarizing Nashville Open Container Laws
Open container laws regulate the possession of open alcoholic beverages in public areas, primarily for the purpose of maintaining order and preventing alcohol-related crimes. These laws are designed to restrict the movement of those in possession of open containers in certain locations, which can reduce the number of intoxicated people in public areas and discourage potential crime. Widespread adoption of open container laws has contributed to reduced public drinking and, hopefully, decreased public intoxication and related crimes.
In Tennessee, for example, cities such as Memphis and Nashville have adopted ordinances prohibiting such behavior . In Nashville, the open container law also includes a more specific provision that states open containers of alcoholic beverages are prohibited in any motor vehicle. Open container laws are relatively abundant in the United States, and ordinances are commonly restricted to areas with heavy pedestrian traffic, such as downtown districts, where large numbers of people congregate. These areas are usually in close proximity to central venues such as arenas, stadiums and concert halls. Such locations are often situated near major downtown hotels and the businesses that support them.
Analyzing Nashville Open Container Laws
The specifics of Nashville’s open container laws extend beyond merely struck-down ordinances and law enforcement practices. As a municipality firmly rooted in the highest levels of tourism and entertainment, Nashville’s regulations and obligations are different from many other municipalities.
Nashville, Davidson County, and the city of Nashville, Tennessee have outlined specific words in the Davidson County charter and in the Metropolitan Code of Laws regulating and outlining what are considered open containers. Davidson County specifically defines an open container as a container of alcoholic beverages that has been partially consumed. The Metropolitan Code of Laws includes more specific language regarding how alcohol may not be transported: no person may possess an opened container or mixture of beverages containing more than one-half of one percent (0.5%) of alcohol by weight with its seal broken or with its cap or top removed while in or on any motor vehicle on any public road, street or highway, other than a motor home.
Additionally, the Davidson County Ordinance includes a provision that disposes of charging a person with "drinking" while in a motor vehicle. No person shall drink while in or on any motor vehicle on any public road, street or highway. Again, Davidson County law is not necessarily limited to public roads, but also includes sidewalks, streets, and driveways.
The city of Nashville recently passed an ordinance that allows for open containers on the Broadway Entertainment District, within the limit of 4th Avenue North to 1st Avenue South. Currently, this ordinance does not apply to the Gulch, but the Nashville Department of Transportation and meaning has proposed to remove the seatbelt enforcement requirements associated with this ordinance.
Consequences of Breaching Nashville Open Container Law
The legal penalties for violating Nashville’s open container law are a Class C misdemeanor and include both the possibility of a fine and potential jailtime. A Class C misdemeanor is punishable by up to 30 days in jail and/or a fine of up to $50.00. As an example, a defendant caught unlawfully consuming a wine cooler in public would be fined $50.00. If the defendant had prior convictions, they could be fined $50.00 more for each additional violation. In addition, all violations may be subject to a fine of up to $500.00. A defendant may also face an arrest warrant and driver’s license suspension after a conviction in criminal court. Even if convicted in criminal court, the defendant is entitled to a driver hearing at the Department of Safety (DOS) of Nashville, Tennessee. The Department of Safety is also responsible for signing an Order of Protection to prevent further open container law violations.
Grading Exceptions and Special Situations
While the general rule is that public drinking is prohibited, Nashville has carved out a number of exceptions to the open container law. The Broadway designated party district, for instance, is considered a special entertainment district where restrictions on public alcohol consumption have been eased. Open containers are allowed on Broadway below 11th Avenue where liquor stores and bars are permitted to have sidewalk cafes. Areas above 11th Avenue are not included in the open container district . In addition to Nashville’s Broadway entertainment district, the city also offers an entertainment permit that allows groups to block off certain streets and apply for relief from the open container law. Many annual events in Nashville have secured this special permit including the Music City Jazz Festival, Pretty in Pink, SEC Championship concert series, a Hot Chocolate 5K race, Hot Buttered Christmas, Danvale and Suckerbday. With the appropriate entertainment permit, attendees are permitted to possess or consume alcoholic beverages in a specifically designated area.
Ramifications for Residents and Tourists
For locals and visitors alike, knowing how to responsibly handle an open container is key to enjoying the Music City’s nightlife. The city has made concerted efforts to promote responsible behavior in all its many forms, and that includes drinking responsibly in public spaces.
To comply with Nashville’s open container law for residents and visitors, responsible behavior in the following areas is essential:
As a visitor, following Nashville’s open container rules allows you to enjoy the best of the city while remaining within the law. For a resident, following the law is essential to keeping our streets and venues safe. For everyone, it makes sense to always drink responsibly.
Ranking Nashville against Other Municipalities
When comparing Nashville’s laws to other communities, Davidson County is unique in the state of Tennessee for its relatively lax open container laws. For example, while Davidson County has no special rules at all about open containers and public use of alcohol, Davidson County has the following restrictions: (1) Must be in 21-and-over places; (2) No consumption and driving; and (3) Must be in designated areas with no road connections. Here are the open container laws in cities that, some might argue, are Nashville’s greatest competitors.
A. Memphis, Tennessee: No open containers are allowed in any city parks; and not allowed on the driver’s seat or between the front rows of a vehicle, unless the motor identified is the recreational vehicle or camper registered with the county clerk’s office, except by occupants of such vehicle.
B. Atlanta, Georgia: No open container law, by ordinance; however, required an Alcoholic Beverage License from an establishment to serve alcohol, on the area of property between the street and the first authentically counted sidewalk.
C. Houston, Texas: Offenses include the presence of an open container. The penalty is the same as that for a DUI , unless the driver is also carrying a firearm, in which case the conviction for carrying a loaded weapon is the same as carrying a loaded rifle, shotgun or pistol.
D. Jacksonville, Florida: Offenses include: open containers in public places, consumption of alcoholic beverages in public, or under the influence of drunk. A term is defined as anywhere that the public is, implicitly or explicitly, invited.
E. New Orleans, Louisiana: No open containers are allowed in the French Quarter, except within open area allowed by the city government. If an open container is prohibited therein, a misdemeanor can be given to persons who obtain consumables from bars and restaurants, and then walk therein, with the same being of an amount same or exceeding $10 in value, such that, if the individual is working on the street, parking lot or sidewalk of the City of New Orleans, and/or such space is owned by the City Council and/or the City of New Orleans.
As you can see, just about every city jails individuals for violating their open container laws, with these laws only slightly different from Nashville’s.