1 HB215
2 216404-1
3 By Representative Ball
4 RFD: Economic Development and Tourism
5 First Read: 02-FEB-22
Page 0 1 216404-1:n:01/13/2022:LK/tgw LSA2022-201
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8 SYNOPSIS: Under existing law, the governing body of
9 certain municipalities may establish entertainment
10 districts within the corporate limits, under
11 certain conditions, within which any retailer
12 licensee of the Alcoholic Beverage Control Board
13 may allow consumers to exit the licensed premises
14 with open containers of alcoholic beverages, under
15 certain conditions.
16 This bill would increase the allowable
17 number of entertainment districts within a Class 3
18 municipality from five to nine.
19 This bill would also make nonsubstantive,
20 technical revisions to update the existing code
21 language to current style.
22
23 A BILL
24 TO BE ENTITLED
25 AN ACT
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Page 1 1 Relating to entertainment districts, to amend
2 Section 28-3A-17.1, Code of Alabama 1975, as amended by Act
3 2021-350 of the 2021 Regular Session, relating to the
4 establishment of entertainment districts, to further provide
5 for entertainment districts in Class 3 municipalities; and to
6 make nonsubstantive, technical revisions to update the
7 existing code language to current style.
8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
9 Section 1. Section 28-3A-17.1, Code of Alabama 1975,
10 as amended by Act 2021-350 of the 2021 Regular Session, is
11 amended to read as follows:
12 "ยง28-3A-17.1.
13 "(a)(1) Notwithstanding any rule adopted by the
14 board, the board may issue an entertainment district
15 designation to any retailer licensee that is licensed to sell
16 alcoholic beverages for on-premises consumption and to any
17 manufacturer licensee that conducts tastings or samplings on
18 the licensed premises, provided the licensees are located in
19 an entertainment district established pursuant to this
20 section.
21 "(2) A licensee who receives an entertainment
22 district designation under this subsection shall comply with
23 all laws and rules governing its license type, except that the
24 patrons, guests, or members of that licensee may exit that
25 licensed premises with open containers of alcoholic beverages
26 and consume alcoholic beverages anywhere within the confines
27 of the entertainment district, which shall be permitted, but
Page 2 1 may not enter another licensed premises with open containers
2 or closed containers of alcoholic beverages acquired
3 elsewhere.
4 "(3) The permission granted by this subsection
5 permitting the consumption of alcoholic beverages anywhere
6 within the confines of the entertainment district shall not
7 extend the confines of the licensed premises.
8 "(b) The governing body of any Class 5 municipality
9 covered by Act 2013-382, or a municipality with an
10 incorporated arts council, main street program, or downtown
11 development entity, may establish not more than two
12 entertainment districts within its corporate limits, each of
13 which must have not fewer than four licensees holding a retail
14 liquor license in that area, and each district may not exceed
15 one-half mile by one-half mile in area, but may be irregularly
16 shaped.
17 "(c) The governing body of a Class 1 municipality,
18 Class 2 municipality, Class 3 municipality, Class 4
19 municipality, or any municipality that is located 15 miles
20 north of the Gulf of Mexico, may establish up to five nine
21 entertainment districts within the corporate limits, each of
22 which must have not fewer than four licensees holding a
23 manufacturer's license that conducts tastings or samplings on
24 the licensed premises, a restaurant retail liquor license, an
25 on-premises alcoholic beverage license, or other retail liquor
26 license in that area, and each district may not exceed
Page 3 1 one-half mile by one-half mile in area, but may be irregularly
2 shaped.
3 "(d) The governing body of a Class 8 municipality
4 which is located in a county with a Class 3 municipality may
5 establish two entertainment districts within its corporate
6 limits that may not have fewer than four licensees holding a
7 retail liquor license in that area, and each district may not
8 exceed one-half mile by one-half mile in area, but may be
9 irregularly shaped.
10 "(e) For the purposes of subsection (c), the term
11 on-premises as applied to consumption within the entertainment
12 district shall include anywhere within the district,
13 regardless of the terms and conditions of licensure.
14 "(f) In a Class 2 municipality, the licensed
15 premises in an entertainment district of a holder of a retail
16 liquor license shall include the area on a municipal sidewalk
17 or deck immediately adjacent or connected to the premises and,
18 during special events, directly outside the entrance to the
19 premises.
20 "(g) The governing body of a Class 8 municipality
21 that is located in a county with a Class 2 municipality and is
22 primarily located on an island may establish three
23 entertainment districts within its corporate limits. One
24 district must have no fewer than two licensees holding a
25 retail liquor license in a business or commercial area; one
26 district may be established in a business or commercial area
27 at times when special events are held as designated by the
Page 4 1 governing body; and one district may be established on
2 property owned by the Dauphin Island Property Owners
3 Association and known as the Isle Dauphine Complex. Each
4 district may not exceed one-half mile by one-half mile in
5 area, but may be irregularly shaped.
6 "(1) For purposes of this subsection, the term
7 on-premises as applied to consumption within the entertainment
8 district shall include anywhere within the district,
9 regardless of the terms or conditions of licensure.
10 "(2) For purposes of this subsection, with the
11 approval of the local governing body and the board, the
12 licensed premises in an entertainment district of a holder of
13 a retail liquor license shall include the area on a deck,
14 boardwalk, or municipal sidewalk immediately adjacent or
15 connected to the premises and, during special events, directly
16 outside the entrance to the premises. The licensee must
17 possess legal control over all property that is included in
18 the premises licensed by the board.
19 "(h)(1) The governing body of a Class 8 municipality
20 that meets all of the following qualifications may establish
21 three entertainment districts within its corporate limits,
22 provided that each district has no fewer than four licensees
23 holding a retail liquor license in that area, and each
24 district does not exceed one-half mile by one-half mile in
25 area, but may be irregularly shaped:
26 "a. The municipality is not in a county with a Class
27 2 municipality.
Page 5 1 "b. The municipality abuts or spans the Intracoastal
2 Waterway and abuts the Gulf of Mexico.
3 "c. The municipality has an incorporated arts
4 council, main street program, or downtown development entity.
5 "(2) For purposes of this subsection, the term
6 on-premises as applied to consumption within the entertainment
7 district shall include anywhere within the district regardless
8 of the terms or conditions of licensure.
9 "(3) For purposes of this subsection, with the
10 approval of the local governing body and the board, the
11 licensed premises in an entertainment district of a holder of
12 a retail liquor license shall include the area on a deck,
13 boardwalk, or municipal sidewalk immediately adjacent or
14 connected to the premises and, during special events, directly
15 adjacent to the entrance of the premises. The licensee must
16 possess legal control over all property that is included in
17 the premises licensed by the board.
18 "(i) All laws or parts of laws which conflict with
19 this section are repealed. All general, local, and special
20 laws or parts of such laws insofar as they designate or
21 restrict the boundaries, size, or area of such entertainment
22 districts are hereby repealed to the extent that they
23 designate or restrict the boundaries, size, or area of
24 entertainment districts."
25 Section 2. This act shall become effective on the
26 first day of the third month following its passage and
27 approval by the Governor, or its otherwise becoming law.
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