The Birmingham City Council is considering changing the law to allow pedal bus passengers to drink alcohol while on tours of the city.

The council is expected to vote on the measure at its Jan. 3 meeting.

The Birmingham City Council in April approved an ordinance allowing pedal buses and pedal bus services to operate in the city. The vehicles seat around 14 passengers and operate at speeds around 15 miles per hour. The pedal bus services only operate on pre-arranged tours.

Alcohol on the buses was prohibited at the time the ordinance was passed, assistant city attorney Julie Barnard said, during a meeting of the council's transportation committee on Monday afternoon.

"These are open vehicles, and we think this would violate the drinking in public ordinance," she said, which is why the ordinance amendment is sought.

Public drinking is only allowed in the Uptown Entertainment District.

Birmingham Pedal Tours - the only pedal bus company operating in the city - has asked the city to amend the ordinance to allow riders to possess and consume canned wine and beer, she said.

City Councilor Darrell O'Quinn, who serves as chairman of the transportation committee, said Birmingham Pedal Tours has lost business because alcohol hasn't been allowed.

Jason Kobza said he and his wife, Claire, began asking for the ordinance change in July.

"Allowing beer and wine on board would be a huge leap in progress for our customers, tourism, the local breweries, pubs and restaurants," he said. "As it stands, we are restricted from our clients bringing any alcohol on board.

"Our business has suffered cancellations after guests have read through our policies and noticed this restriction," Kobza added. "The vast majority of successful pedal pubs across the U.S., most notably Nashville allows this."

He said the beer and wine cans will be collected and recycled. The proceeds will be donated to charity.

All of company's tours start at Trim Tab or Good People Brewing.

Councilor John Hilliard spoke in favor of the amendment on Monday. "I don't see a problem as long as the driver isn't drinking, "he said.

He said the measure signals progress in the city of Birmingham.

According to the proposed amendment, no glass containers would be allowed on board pedal buses. While at Uptown, passengers can possess and consume a beverage from a restaurant authorized for off-premise alcohol sales.

The pedal bus service can't sell alcoholic beverages unless they become licensed by the Alabama Alcoholic Beverage Control Board, according to the proposed amendment. Drivers of the peddle buses would be prohibited from drinking alcohol.

O'Quinn said he expects the city council to pass the ordinance amendment on Jan. 3.

Updated on Dec. 20 after Birmingham City Council changed its next meeting date from Jan. 2 to Jan. 3.