By Katie Northcott
Ginger Shofner, Shelbyville City Attorney, reported to the Beer Boar on Sept. 8 that there are only laws banning the carry of open containers of beer, not alcohol.
The Shelbyville City Council forwarded discussion about creating an open container district on the square to the Beer Board on Sept. 2 during a study session. The Council wanted the Beer Board’s feedback on allowing the carry of open alcohol on certain city streets, sidewalks, and parking lots. This is part of the Council’s plan to create an entertainment district on the square like Station Street in Chattanooga.
The Council assumed that city ordinances would have to be amended to create an open container district. Researching city and state ordinances, Shofner found that according to city ordinances, the carry of open containers of alcohol on public property is already legal for alcohol that is not beer.
According to state ordinances, carrying open containers of alcohol on public property only becomes a crime if someone operates a vehicle while carrying an open container of alcohol. Even then, the maximum fine is $50.
“It’s not as big of a deal as I think a lot of people think it is,” Shofner said. “I’m not encouraging anybody to do it. But when I’m talking about open container, I think a lot of people may be aghast at the thought of having a place where people can walk up and down with an open container when even the State of Tennessee does not prohibit that in general.”
The Beer Board did not make any recommendations to the City Council since the Council is not yet aware of this loophole. Beer Board member Joey Lamattina expressed his desire to collaborate with the Council on this project.
“There’s going to be challenges, but I think we should do something as a city to bring in more people and have arts and entertainment,” Lamattina said.
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