Note: Bills that change current law do not show the amended text correctly below. Please view Original PDF to see amended sections: HB 224 - Enrolled - PDF

Existing Alabama law does not authorize certain townships or cities to create entertainment districts for the sale and consumption of alcoholic beverages

This bill would authorize the governing body of a Class 8 municipality that is located in a county with a Class 2 municipality and is primarily located on an island to establish three entertainment districts within its corporate limits

This bill would also define the licensed premises of the holder of a retail liquor license within the entertainment districts, and eliminate inconsistencies

Relating to entertainment districts; to amend Section 28-3A-17.1 of the Code of Alabama 1975; to authorize the governing body of certain municipalities to establish three entertainment districts within its corporate limits that meet certain qualifications.

Section 1

The Legislature declares that this act regulates the liquor traffic within the meaning and intent of Section 104 of the Constitution of Alabama of 1901.

Section 2

Section 28-3A-17.1 of the Code of Alabama 1975 is amended to read as follows:

§28-3A-17.1.

(a) The provisions of this section shall only apply to Class 1, Class 2, Class 3, Class 4, and Class municipalities and municipalities with an incorporated arts council, main street program, or downtown development entity.

(b)(a)(1) Upon compliance of the applicant with the provisions of this chapter, and the regulations made thereunder which are not in conflict with the provisions of this section, the Alabama Alcoholic Beverage Control Board may issue an entertainment district designation for any retail license authorized in this chapter which allows the licensee to sell alcoholic beverages for consumption on the licensed premises and which licensed premises is located in an entertainment district established as provided in subsection (d) this section.

(2) A licensee who receives an entertainment district designation for an on-premises retail license shall comply with all laws, and rules, and regulations which that govern its license type, except that the patrons, guests, or members of that licensee may exit that licensed premises with open containers of alcoholic beverages and consume alcoholic beverages anywhere within the confines of the entertainment district, which shall be permitted, but may not enter another licensed premises with open containers or closed containers of alcoholic beverages acquired elsewhere.

(c)(3) The permission granted by subsection (b) (a) permitting the consumption of alcoholic beverages anywhere within the confines of the entertainment district shall not extend the confines of the licensed premises.

(d)(b) The governing body of any Class municipality covered by Act 2013-382, or a municipality with an incorporated arts council, main street program, or downtown development entity, may establish not more than two entertainment districts within its corporate limits, each of which must have not fewer than four licensees holding a retail liquor license in that area, and each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.

(e)(c) The governing body of a Class municipality, Class 2 municipality, Class 3 municipality, Class 4 municipality, Class 3 municipality, or any municipality which is located 15 miles north of the Gulf of Mexico, may establish up to five entertainment districts within the corporate limits, each of which must have not fewer than four licensees holding a restaurant retail liquor license, an on-premises alcoholic beverage license, or other retail liquor license in that area, and each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.

(d) The governing body of a Class 8 municipality which that is located in a county with a Class 3 municipality may establish two entertainment districts within its corporate limits which may not have fewer than four licensees holding a retail liquor license in that area and; each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.

(e) For the purposes of this subsection (c), the term on-premises as applied to consumption within such the entertainment district shall include anywhere within the district, regardless of the terms or conditions of licensure.

(f) In a Class 2 municipality, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a municipal sidewalk or deck immediately adjacent or connected to the premises and, during special events, directly outside the entrance to the premises.

(g) The governing body of a Class 8 municipality that is located in a county with a Class 2 municipality and is primarily located on an island may establish three entertainment districts within its corporate limits. One district must have no fewer than two licensees holding a retail liquor license in a business or commercial area; one district may be established in a business or commercial area at times when special events are held as designated by the town council; and one district may be established on property owned by the Dauphin Island Property Owners Association and known as the Isle Dauphine Complex. Each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.

(1) For purposes of this subsection, the term on-premises as applied to consumption within the entertainment district shall include anywhere within the district, regardless of the terms or conditions of licensure.

(2) For purposes of this subsection, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a deck, boardwalk, or municipal sidewalk immediately adjacent or connected to the premises and, during special events, directly outside the entrance to the premises.

(g) (h) All laws or parts of laws which conflict with this section are repealed. All general, local, and special laws or parts of such laws insofar as they designate or restrict the boundaries, size, or area of such entertainment districts are hereby repealed."

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.