Memphis Code of Ordinances § 6-44-70 Consumption of alcoholic beverages.
Sec. 6-44-70. - Consumption of alcoholic beverages.
The consumption of an alcoholic beverage by an individual who is strictly a passenger in the passenger area of a pedal carriage and only while that individual is within the defined premises of the section is permitted. Sales of alcohol by the operator, driver, or riders of this vehicle are prohibited.
1. No glassware of any kind shall be allowed on a pedal carriage (pedicab) including, but not limited to, bottles, receptacles or drinking glasses.
2. Alcoholic beverages as defined in this section may only be consumed from plastic or foam cups.
3. No music or amplified sound shall be played, nor yelling or conversation be conducted, in such a manner that the sound of which carries to points of habitation or adjacent properties and is audible above the level of conversational speech at a distance of 50 feet or more from the point of origin of the sound.
4. It is the responsibility of the pedal carriage or pedal carriage driver to properly dispose of all trash.
5. Alcoholic beverages as defined in this section may be consumed only when the pedal carriage passenger is seated on a pedal carriage.
6. The pedal carriage operator and driver may not allow consumption of alcoholic beverages by persons under the age of 21. If alcoholic beverages as defined in this subsection are present on a pedal carriage, the pedal carriage operator shall not transport persons under the age of 18 on the pedal carriage.
7. If alcoholic beverages as defined in this subsection are allowed to be consumed on a pedal carriage, the pedal carriage operator shall apply for a permit to allow such consumption from the permits office. The application fee for such permit is $25.00 and the operator of a pedal carriage company shall pay an additional $25.00 for each pedal carriage on which alcohol is being consumed. The driver or operator of a pedal carriage shall be in possession of the permit referenced in this subsection at all times alcohol is being consumed on the pedal carriage. Additionally, the registration number issued by the permits office shall be conspicuously displayed on the rear of the pedal carriage. If a pedal carriage operator fails to operate a permitted pedal carriage for more than 180 days, the permit shall expire.
8. Open containers are only allowed while the passenger is only aboard the pedal carriage except when it is the Beale Street Historic District. At the conclusion of an excursion, any open container must remain with the driver to be disposed of in a container provided by the driver.
9. If a permit is granted to the pedal carriage operator, the following notice shall be in full display on the pedal carriage:
a. When alcohol is present on this pedal carriage, no persons under the age of 18 shall be allowed on the pedal carriage;
b. Each passenger is asked to drink responsibly; and
c. No passenger is permitted to take any opened alcoholic beverage container with them when they exit the pedal carriage.
10. A pedal carriage driver shall not operate a pedal carriage while under the influence of alcoholic beverages nor shall the driver consume alcoholic beverages while operating the pedal carriage.
11. Any violations of this section may be enforced as contemplated by section 6-44-31 of this Code and/or the rules and regulations of the Memphis Transportation Commission which may result in revocation or suspension of the operator's certificate of public convenience and necessity.
(Ord. No. 5585, 5-19-2015)