Written by 
Whether you agree or disagree with the policy decision to reopen a city during COVID may depend on what side of the bar you are on, but then again it may not. Many of those who own or are employed by hospitality businesses and work long hours to ensure that when we are in the mood for our favorite IPA, cocktail, or entree, we can get it, are gasping for air. I have many friends in this situation. On the other hand, I am not a fan of catching the coronavirus and want to do everything in my power, with reason, to avoid it. Others take the position that they would rather have their good health rather than their job, thus feeling that the country as a whole should remain closed for non-essential businesses. No matter where you fall, if you are a member of our hospitality industry, it is essential to stay in the know.
The complexity and stress of this pandemic period is unprecedented. We are here to hopefully make understanding all of this a bit easier. In this post, we will cover the most recent Tennessee and Nashville COVID policy updates (which most other major metropolitan areas in the state tend to follow).
Here we go…
Metropolitan Government of Nashville and Davidson County (“Metro Nashville”) Mayor John Cooper announced on May 7, 2020 that Phase 1 of the Davidson County Roadmap for Reopening will begin on Monday, May 11, 2020.
We are including a summary of the Metro Nashville plan below, but you can find the full document here. On Monday, restaurants and bars that serve food will be able to open at 50% capacity. Bars and entertainment venues must remain closed until Phase 3 of the plan. According to the Metro Public Health Department, which has been reporting total confirmed cases of coronavirus as well as daily figures, the total number of cases in Davidson County is 3,432, with 86 new cases in the past 24 hours.
Hospitality businesses state-wide also need to keep an eye on State of Tennessee Governor Bill Lee’s executive orders, the most recent affecting hospitality being Executive Order No. 30 (here). We also include a summary of the relevant highlights of EO 30 below.
We should also mention that the Nashville Beer Board has extended their Emergency Order (here) allowing any permit holder with an “on-sale” or “on/off-sale” permit to continue delivering beer direct to consumers and offering curbside delivery. We will continue to post updates pertaining to the status of this order.
Summary of Metro Nashville Roadmap for Reopening
Phase 1 – MONDAY, MAY 11, 2020
Restaurants and bars serving food from a menu may open at 50% capacity while maintaining strict social distancing in both the dining areas and kitchen areas. The following requirements must be met while in service.
- Employees’ temperature should be checked daily – employees with temperatures of 100.4 degrees must not work
- Signs must be posted about health precautions and social distancing for patrons, employees, and staff
- Surfaces must be cleaned after each use by patrons
- Employees are required to wear cloth masks
- Self-Service food/condiments are not permitted
- Alcohol may be served at tables and take-out alcohol will remain
- Bar areas to remain closed
- Live music is not permitted
Phase 2 – TBD
Restaurants and bars serving food may open at 75% capacity while maintaining strict social distancing in the dining areas and kitchen areas. The following requirements must be met while in service.
- Clean all surfaces after each use
- Signs must be posted about health precautions and social distancing for patrons, employees, and staff
- Employees are to be screened for temperature daily – employees with temperatures of 100.4 degrees must not work
- Employees are required to wear face masks
- Self- service food/condiments are not permitted
- Alcohol may be served at tables and take-out alcohol will remain
- Bar areas to remain closed
- Live music is not permitted
Phase 3 – TBD
Restaurants may open at 100% capacity and bars and entertainment venues may now operate at 50% capacity while maintaining strict social distancing.
- Clean all surfaces after each use
- Signs must be posted about health precautions and social distancing for patrons, employees, and staff
- Employees are to be screened for temperature daily. Employees with temperatures of 100.4 degrees must not work
- Employees are required to wear cloth face masks
- Self- service food/condiments are not permitted
- Alcohol may be served at tables and take-out alcohol will remain
- Bar areas can be open at 50% capacity and no standing at the bar
- Live music is permitted
- All other bars and entertainment venues may operate at 50% capacity with proper social distancing measures
Phase 4 – TBD
All restaurants, bars, and entertainment venues may open at 100% capacity.
- Screen employees daily for temperature checks. Employees with temperatures of 100.4 degrees must not work
- Post signs about health precautions and social distancing for patrons, employees, and staff
- Clean all surfaces after each use
- Masks are recommended but not required
What about brewery taprooms?
Director Sharon Michie of the Tennessee Brewers’ Guild released the following helpful information pertaining to the reopening of brewery taprooms. Basically, you need to have restaurant level food service that you prepare on site, while continuing to follow all other guidelines contained in the Nashville plan.
You may participate in Phase 1 only if your brewery holds a restaurant license.
“Food on a menu” is defined as a warm meal, prepared in an on-site kitchen. A food truck in the parking lot will not satisfy the food requirement. Pretzels and snacks are also excluded, even though a big pretzel is one of my favorite warm meals.
You can still deliver beer- at least through May 31st.
Keep your taprooms closed (except for to-go sales) in the meantime. We are seeking further clarification for taproom openings in the next phases.
Summary of Governor Lee Executive Order No. 30
Who Can Open?
Under Governor Lee’s Executive Order No. 30, issued on April 28, 2020, restaurants and similar food establishments, including TABC licensed limited service restaurants, may reopen.
Other establishments operating as bars, nightclubs, and live performance venues who do not have a TABC limited service restaurant license or full-service restaurant license may not open at this time.
This order also includes such restaurants or similar food establishments that may be licensed as premiere type resorts, urban park centers, and similar license types. Additionally, this order includes any such restaurants that are located within other licensed establishments, such as a restaurant within a hotel, movie theatre, golf course, sports arena, resorts, performing arts center, museum or other establishment, provided that while the restaurant within such establishment may reopen that does not mean that the rest of the establishment outside of the restaurant is permitted to reopen. These establishments are expected and required to follow the guidelines set forth from the Governor’s office here: https://www.tn.gov/governor/covid-19/economic-recovery/restaurant-guidelines.html.
Can Restaurants Still Deliver Booze?
Restaurants, wine-only restaurants, and limited service restaurants may continue to offer carryout and delivery of alcoholic beverages with food orders until May 29, 2020, except as otherwise be extended by Executive Order. No other on-premises license types may offer alcoholic beverages for carryout or delivery.
What About the Big 6?
Local orders in (6) counties (Davidson, Hamilton, Knox, Madison, Shelby and Sullivan) shall have authority to issue additional orders or measures which may permit or restrict further measures for opening, closing, and operating of certain businesses.
This means that in Nashville, for example, it is Mayor Cooper’s roadmap plan which governs as it pertains to who can open, when and how.
As always, please do not hesitate to reach out with any questions.
A special thanks to Janelle Beasley in our office for her analysis and assistance with this article!
Last modified: May 14, 2020
