Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Nashville Criminal Defense Lawyer | Broadway and Downtown Alcohol Charges
Nashville's open-container rules are more specific than many visitors expect. Metro Code Section 7.24.040 generally prohibits possessing beer, wine, liquor, or another alcoholic beverage for consumption in an opened glass, aluminum, or metal container while on a street, alley, sidewalk, parking lot, parking garage, or other area generally open to the public. The ordinance contains exceptions, including enclosed structures and premises specifically permitted or licensed for on-premises alcohol consumption.
That means the fact that you are on Lower Broadway, surrounded by bars and entertainment venues, does not by itself make every open alcoholic drink lawful on the sidewalk. The container, location, and circumstances matter.
Nashville is an entertainment destination where alcohol is sold in bars, restaurants, rooftops, patios, entertainment vehicles, and special-event areas. Different rules can apply depending on whether someone is inside licensed premises, on a public sidewalk, at a permitted event, or riding in a regulated entertainment vehicle.
Metro's open-container ordinance has also been amended over time. A proposal that would have broadly prohibited alcohol in every type of open container was withdrawn, which is one reason older online explanations can be confusing. If a citation or arrest actually occurred, the current ordinance and the exact facts should be reviewed rather than relying on a general rule remembered from a prior trip.
Yes. Lower Broadway is not automatically exempt from Nashville's public open-container restrictions. A person can move from a licensed bar or permitted area onto a public sidewalk and be subject to different rules.
Broadway cases can also involve more than an open-container allegation. Police encounters downtown may lead to public intoxication, disorderly conduct, resisting arrest, assault, weapons allegations, or other charges depending on what allegedly happened.
The wording of Metro Code Section 7.24.040 specifically addresses opened glass, aluminum, or metal containers. Nashville's legislative history has referred to this distinction as the city's 'Solo Cup Law.' A proposed ordinance that would have extended the prohibition to all container types was withdrawn.
That does not mean every use of a plastic or paper cup is lawful in every place or circumstance. Other alcohol rules, special-event restrictions, permit conditions, vehicle rules, park rules, and criminal laws can still apply. A person should not assume that changing containers creates blanket permission to drink anywhere in Nashville.
A bar or restaurant may be licensed for on-premises consumption, but that does not necessarily mean a customer can carry the drink onto a public street or sidewalk. The legal question can change once someone leaves the licensed premises.
If police issue a citation, the location where the person was standing, the type of container, whether it was commercially sealed, and whether the location was part of licensed or specially permitted premises can all matter.
Yes. In downtown Nashville, the open container may be only one part of the police encounter. Officers may allege that a person was intoxicated in public, refused commands, interfered with an investigation, fought with another person, possessed drugs or a weapon, or committed another offense.
Each charge has its own elements. The existence of alcohol does not automatically prove public intoxication, disorderly conduct, assault, or resisting arrest. The evidence for each allegation should be evaluated separately.
Downtown Nashville has extensive video coverage. Depending on the case, useful evidence may include:
Officer body-camera footage
Bar, hotel, restaurant, or street surveillance video
Cell-phone videos from friends or witnesses
Receipts showing where a drink was purchased
Photographs of the container and location
Witness statements
Police reports and citation paperwork
Video can be especially important when the dispute concerns exactly where someone was standing, what the container looked like, or what occurred before police intervened.
Do not assume a Nashville alcohol citation will disappear because you were visiting from another city or state. Confirm the exact charge, court date, and whether you have a citation-booking requirement or other court obligation.
Preserve any videos, photographs, receipts, or messages from the night of the incident. If you were with friends, identify potential witnesses while memories are fresh. An attorney can review the ordinance, the police evidence, and any related charges and determine what defenses or resolutions may be available.
Kevin Kennedy is a former Davidson County prosecutor who now represents people accused of crimes in Nashville and throughout Middle Tennessee. If an open-container encounter on Broadway or elsewhere in Nashville led to a citation, arrest, or additional criminal charges, Kevin Kennedy Law Firm can review what happened and help you understand the next steps.
Call Kevin Kennedy Law Firm at (615) 205-7311 to discuss your case.