Will Cheek's Last Call Blog
Metro Nashville makes beer delivery permanent
Nov 9, 2020
Nashville's Metro Council passed legislation that makes the delivery of beer a permanent option for holders of an “On-Premises” or “On/Off Premises” beer permit.
We find ourselves humming the classic Adam and the Ants tune:
stand and deliver
your money or your life
The Metro Beer Board will begin taking applications on November 19. We understand that the application process is streamlined and staff can grant temporary approval. Applicants will have to pay a $250 application fee, plus $100 annually, which is pro-rated on a calendar basis for the first year.
Consistent with the emergency beer delivery regulation enacted at the outset of the pandemic, the Metro Beer Board has a pending Rule that will require that employees make all deliveries. During the outset of the pandemic, we saw beer delivery by employees as being pro-jobs, at a time when many hospitality industry workers were laid off.
Unlike state-wide emergency alcohol delivery, permit holders cannot use third-party delivery services such as GrubHub, Postmates, DoorDash and UberEats.
Of note, the Metro Beer Board was the first in the state to enact emergency beer delivery. Metro Nashville becomes the first Tennessee city to make beer delivery permanent.
Below are the complete regulations:
SECTION V – Delivery / Curbside Permits
Section 5.01 – Delivery / Curbside Permits
A. These following rules apply to existing holders of permits of “on” or “on/off” sale permits (a “Permittee”) issued by the Metro Nashville Beer Permit Board. This Regulation does not apply to holders of off-sale permits.
B. Subject to all federal, state and local laws, a Permittee holding an “on” or “on/off” sale permit may make off-premise sales and deliver beer subject to this rule.
D. Upon providing the information above, and obtaining final approval by the Beer Board, the permit holder may make off-premise sales and deliver beer pursuant to these rules and subject to any applicable federal, state, and local laws.
E. Only employees of the Permittee may deliver beer.
F. Employees conducting deliveries must be at least 21 years of age.
G. At the point of delivery, the employee conducting the delivery must inspect the purchaser’s valid identification to determine whether the purchaser is an adult and is not intoxicated, pursuant to T.C.A. § 57-5-301(a)(1).
H. The Permittee shall be strictly liable for all sales to persons under the age of 21 or to intoxicated persons, pursuant to Tennessee state law.
I. Beer to be delivered must be in commercially sealed containers.
J. These rules are limited to “beer” as defined in M.C.L. 7.08.010.
RULE 3.04 RESTRICTIONS ON DRIVE-THROUGH OR DELIVERY WINDOWS
Beer may be sold through any drive-through or delivery window or by curb service only by those retail establishments possessing a delivery/curbside permit.
RULE 3.05 RESTRICTIONS ON DELIVERIES
A permittee may deliver beer from a business establishment to the home or any other location of the consumer where the sale and delivery of beer and/or other goods are made simultaneously at the location of the consumer, so long as the permittee possesses a delivery/curbside permit.