In response to bars throughout the city being shuttered and potentially put out of business by closing during the coronavirus pandemic, on Tuesday, city officials issued an executive order that would allow them to sell beer for carry-out and delivery.

The proprietors of businesses who currently have an on-premise beer permit would have to apply for a temporary off-premises carry-out permit (“Temporary Off-Premises Permit”) at no charge. The permit would be good for 30 days and could be renewed for an additional 30 days.

The executive order also allows for businesses to deliver beer to customers who are of legal drinking age.

Below is the full executive order:

CITY EMERGENCY EXECUTIVE ORDER REGARDING TEMPORARY OFF-PREMISES BEER SALES AND DELIVERIES

CITY MANAGER CHRISTOPHER J. DORSEY FOR THE CITY OF EAST RIDGE, TENNESSEE No. 2020-04

WHEREAS, on March 19, 2020, the Governor for the State of Tennessee issued Executive Order No. 15 and declared that “a state of emergency and major disaster exists to facilitate the response to COVID-19”; and issued Executive Order No. 16 on March 20, 2020; and issued Executive Order No. 17 on March 22, 2020, limiting social gatherings, dine-in service, and gym use, and exposure at nursing and retirement homes, and providing flexibility for restaurants regarding the sale of alcohol; and

WHEREAS, on March 20, 2020, I declared a state of emergency for the City of East Ridge, Tennessee, pursuant to Tennessee Code Annotated§§ 38-9-101 et seq. in response to the COVID- 19 pandemic; and

WHEREAS, on March 20, 2020, pursuant to the authority vested in the City Manager under Tennessee Code Annotated§§ 38-9-101 et seq., Tennessee Code Annotated§ 58-8-104, and Tennessee Code Annotated§ 58-2-110, City of East Ridge Charter, Section 2, subparts 22 and 23, I, together with Mayor Williams, issued a joint Civil Emergency Proclamation and Executive Order No. 2020-01 regulating on-site consumption of alcohol, as well as limiting operations of gyms and exercise facilities; and

WHEREAS, on March 25, 2020, pursuant to the authority vested in the City Manager under Tennessee Code Annotated §§ 38-9-101 et seq., City of East Ridge Charter, Section 2, subparts 22 and 23, I issued Civil Emergency Proclamation and Executive Order No. 2020-02 regulating additional business activites, including indoor portions of retail shopping malls and facilities where certain personal care services are performed; and

WHEREAS, said Executive Order Nos. 2020-01 and 2020-02 have had a detrimental impact on the business of certain beer permit holders and their employees in East Ridge, Tennessee.

NOW, THEREFORE, I, CHRISTOPHER J. DORSEY, CITY MANAGER OF THE

CITY OF EAST RIDGE, TENNESSEE, by virtue of the powers vested in me, do hereby proclaim that a civil emergency continues to exist in the East Ridge, Tennessee, and I hereby direct and order the following:

BEER SALES WITHIN ON-PREMISE ESTABLISHMENTS UNTIL EXECUTIVE ORDER IS LIFTED

1. This Order applies to all existing holders of permits (“Permittee”) for consumption of beer on the premises (“On-Premises Permit”) issued by the East Ridge Beer Board (“Beer Board”).

• Subject to all federal, state, and local laws, a Permittee holding an On-Premises Permit may make off-premise sales and deliveries of beer subject to this Order.

• Prior to any off-premises sales being conducted, the Permittee must request a temporary off-premises carry-out permit (“Temporary Off-Premises Permit”) at no charge by contacting the City Manager via email at [email protected] and providing the following information:

1. Name of the Permittee

1i. Physical address of the Permittee

1. Email address
   1. Phone number
   1. Current On-Premises Permit number

• Upon receiving the information in Subsection 3 of this Order, the  City  Manager may issue a Temporary Off-Premises Permit for up to thirty (30) days allowing the Permittee to make off-premises sales and deliveries of beer pursuant to this Order and subject to any applicable federal, state, and local laws. The Temporary Off­ Premises Permit may be granted by reply email to the email address provided under Subsection 3 of this Order.

• A Temporary Off-Premises Permit may be renewed upon request by the Permittee for additional thirty (30) day periods until the civil emergency has concluded or this Order has been terminated, at which time any and all Temporary Off-Premises Pe1mits issued pursuant to the Order shall expire and be null and void.

• Only employees of a Permittee with a Temporary Off-Premises Permit  may  sell beer for delivery.

• The person making the delivery must be at least twenty-one (21) years of age.

• At the point of delivery, the person making the delivery must inspect the purchaser’s valid identification to determine that the purchaser is at least 21 years of age and is not intoxicated, pursuant to Tennessee Code Annotated

§ 57-5-301(a)(l).

• A Permittee with a Temporary Off-Premises Permit shall be strictly liable for all sales to persons under the age of twenty-one (21) or to intoxicated persons, pursuant to Tennessee state law.

1. Beer to be sold or delivered pursuant to this Order must be in closed containers.

1. This Order is limited to “beer” as defined in Tennessee Code Annotated § 57-5- 101(b).

1. This Order supersedes any conflicting provisions in Title 8 of the City of East Ridge Code while said Order is valid and in effect.

1. The City Manager may  immediately  revoke the permission  granted  in Subsection 4 of this Order, without prior notice or a hearing, upon the filing of a report by the City Manager or his designee identifying the violations of any sale of  beer, including without limitation the sale to a minor or an intoxicated person.