Alabama 2022 Regular Session

Alabama House Bill HB215 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB215
2		-	2 216404-2
	2	+	2 216404-1
3	3		3 By Representative Ball
4	4		4 RFD: Economic Development and Tourism
5	5		5 First Read: 02-FEB-22
6	6
7		-	Page 0 HB215
8		-	1
9		-	2 ENROLLED, An Act,
10		-	3 Relating to entertainment districts, to amend
11		-	4 Section 28-3A-17.1, Code of Alabama 1975, as amended by Act
12		-	5 2021-350 of the 2021 Regular Session, relating to the
13		-	6 establishment of entertainment districts, to further provide
14		-	7 for entertainment districts in Class 3 municipalities; and to
15		-	8 make nonsubstantive, technical revisions to update the
16		-	9 existing code language to current style.
17		-	10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
18		-	11 Section 1. Section 28-3A-17.1, Code of Alabama 1975,
19		-	12 as amended by Act 2021-350 of the 2021 Regular Session, is
20		-	13 amended to read as follows:
21		-	14 "§28-3A-17.1.
22		-	15 "(a)(1) Notwithstanding any rule adopted by the
23		-	16 board, the board may issue an entertainment district
24		-	17 designation to any retailer licensee that is licensed to sell
25		-	18 alcoholic beverages for on-premises consumption and to any
26		-	19 manufacturer licensee that conducts tastings or samplings on
27		-	20 the licensed premises, provided the licensees are located in
28		-	21 an entertainment district established pursuant to this
29		-	22 section.
30		-	23 "(2) A licensee who receives an entertainment
31		-	24 district designation under this subsection shall comply with
32		-	25 all laws and rules governing its license type, except that the
33		-	Page 1 HB215
34		-	1 patrons, guests, or members of that licensee may exit that
35		-	2 licensed premises with open containers of alcoholic beverages
36		-	3 and consume alcoholic beverages anywhere within the confines
37		-	4 of the entertainment district, which shall be permitted, but
38		-	5 may not enter another licensed premises with open containers
39		-	6 or closed containers of alcoholic beverages acquired
40		-	7 elsewhere.
41		-	8 "(3) The permission granted by this subsection
42		-	9 permitting the consumption of alcoholic beverages anywhere
43		-	10 within the confines of the entertainment district shall not
44		-	11 extend the confines of the licensed premises.
45		-	12 "(b) The governing body of any Class 5 municipality
46		-	13 covered by Act 2013-382, or a municipality with an
47		-	14 incorporated arts council, main street program, or downtown
48		-	15 development entity, may establish not more than two
49		-	16 entertainment districts within its corporate limits, each of
50		-	17 which must have not fewer than four licensees holding a retail
51		-	18 liquor license in that area, and each district may not exceed
52		-	19 one-half mile by one-half mile in area, but may be irregularly
53		-	20 shaped.
54		-	21 "(c) The governing body of a Class 1 municipality,
55		-	22 Class 2 municipality, Class 3 municipality, Class 4
56		-	23 municipality, or any municipality that is located 15 miles
57		-	24 north of the Gulf of Mexico, may establish up to five nine
58		-	25 entertainment districts within the corporate limits, each of
59		-	Page 2 HB215
60		-	1 which must have not fewer than four licensees holding a
61		-	2 manufacturer's license that conducts tastings or samplings on
62		-	3 the licensed premises, a restaurant retail liquor license, an
63		-	4 on-premises alcoholic beverage license, or other retail liquor
64		-	5 license in that area, and each district may not exceed
65		-	6 one-half mile by one-half mile in area, but may be irregularly
66		-	7 shaped.
67		-	8 "(d) The governing body of a Class 8 municipality
68		-	9 which is located in a county with a Class 3 municipality may
69		-	10 establish two entertainment districts within its corporate
70		-	11 limits that may not have fewer than four licensees holding a
71		-	12 retail liquor license in that area, and each district may not
72		-	13 exceed one-half mile by one-half mile in area, but may be
73		-	14 irregularly shaped.
74		-	15 "(e) For the purposes of subsection (c), the term
75		-	16 on-premises as applied to consumption within the entertainment
76		-	17 district shall include anywhere within the district,
77		-	18 regardless of the terms and conditions of licensure.
78		-	19 "(f) In a Class 2 municipality, the licensed
79		-	20 premises in an entertainment district of a holder of a retail
80		-	21 liquor license shall include the area on a municipal sidewalk
81		-	22 or deck immediately adjacent or connected to the premises and,
82		-	23 during special events, directly outside the entrance to the
83		-	24 premises.
84		-	Page 3 HB215
85		-	1 "(g) The governing body of a Class 8 municipality
86		-	2 that is located in a county with a Class 2 municipality and is
87		-	3 primarily located on an island may establish three
88		-	4 entertainment districts within its corporate limits. One
89		-	5 district must have no fewer than two licensees holding a
90		-	6 retail liquor license in a business or commercial area; one
91		-	7 district may be established in a business or commercial area
92		-	8 at times when special events are held as designated by the
93		-	9 governing body; and one district may be established on
94		-	10 property owned by the Dauphin Island Property Owners
95		-	11 Association and known as the Isle Dauphine Complex. Each
96		-	12 district may not exceed one-half mile by one-half mile in
97		-	13 area, but may be irregularly shaped.
98		-	14 "(1) For purposes of this subsection, the term
99		-	15 on-premises as applied to consumption within the entertainment
100		-	16 district shall include anywhere within the district,
101		-	17 regardless of the terms or conditions of licensure.
102		-	18 "(2) For purposes of this subsection, with the
103		-	19 approval of the local governing body and the board, the
104		-	20 licensed premises in an entertainment district of a holder of
105		-	21 a retail liquor license shall include the area on a deck,
106		-	22 boardwalk, or municipal sidewalk immediately adjacent or
107		-	23 connected to the premises and, during special events, directly
108		-	24 outside the entrance to the premises. The licensee must
109		-	Page 4 HB215
110		-	1 possess legal control over all property that is included in
111		-	2 the premises licensed by the board.
112		-	3 "(h)(1) The governing body of a Class 8 municipality
113		-	4 that meets all of the following qualifications may establish
114		-	5 three entertainment districts within its corporate limits,
115		-	6 provided that each district has no fewer than four licensees
116		-	7 holding a retail liquor license in that area, and each
117		-	8 district does not exceed one-half mile by one-half mile in
118		-	9 area, but may be irregularly shaped:
119		-	10 "a. The municipality is not in a county with a Class
120		-	11 2 municipality.
121		-	12 "b. The municipality abuts or spans the Intracoastal
122		-	13 Waterway and abuts the Gulf of Mexico.
123		-	14 "c. The municipality has an incorporated arts
124		-	15 council, main street program, or downtown development entity.
125		-	16 "(2) For purposes of this subsection, the term
126		-	17 on-premises as applied to consumption within the entertainment
127		-	18 district shall include anywhere within the district regardless
128		-	19 of the terms or conditions of licensure.
129		-	20 "(3) For purposes of this subsection, with the
130		-	21 approval of the local governing body and the board, the
131		-	22 licensed premises in an entertainment district of a holder of
132		-	23 a retail liquor license shall include the area on a deck,
133		-	24 boardwalk, or municipal sidewalk immediately adjacent or
134		-	25 connected to the premises and, during special events, directly
135		-	Page 5 HB215
136		-	1 adjacent to the entrance of the premises. The licensee must
137		-	2 possess legal control over all property that is included in
138		-	3 the premises licensed by the board.
139		-	4 "(i) All laws or parts of laws which conflict with
140		-	5 this section are repealed. All general, local, and special
141		-	6 laws or parts of such laws insofar as they designate or
142		-	7 restrict the boundaries, size, or area of such entertainment
143		-	8 districts are hereby repealed to the extent that they
144		-	9 designate or restrict the boundaries, size, or area of
145		-	10 entertainment districts."
146		-	11 Section 2. This act shall become effective on the
147		-	12 first day of the third month following its passage and
148		-	13 approval by the Governor, or its otherwise becoming law.
149		-	Page 6 HB215
150		-	1
	7	+	Page 0 1 216404-1:n:01/13/2022:LK/tgw LSA2022-201
151	8		2
152	9		3
153	10		4
154		-	Speaker of the House of Representatives
155		-
156	11		5
157		-	6 President and Presiding Officer of the Senate
158		-	House of Representatives7
159		-	I hereby certify that the within Act originated in8
160		-	9 and was passed by the House 24-FEB-22.
161		-	10
162		-	11 Jeff Woodard
163		-	12 Clerk
164		-	13
165		-	14
166		-	15
167		-	Senate16 17-MAR-22 Passed
168		-	17
169		-	Page 7
	12	+	6
	13	+	7
	14	+	8 SYNOPSIS: Under existing law, the governing body of
	15	+	9 certain municipalities may establish entertainment
	16	+	10 districts within the corporate limits, under
	17	+	11 certain conditions, within which any retailer
	18	+	12 licensee of the Alcoholic Beverage Control Board
	19	+	13 may allow consumers to exit the licensed premises
	20	+	14 with open containers of alcoholic beverages, under
	21	+	15 certain conditions.
	22	+	16 This bill would increase the allowable
	23	+	17 number of entertainment districts within a Class 3
	24	+	18 municipality from five to nine.
	25	+	19 This bill would also make nonsubstantive,
	26	+	20 technical revisions to update the existing code
	27	+	21 language to current style.
	28	+	22
	29	+	23 A BILL
	30	+	24 TO BE ENTITLED
	31	+	25 AN ACT
	32	+	26
	33	+	Page 1 1 Relating to entertainment districts, to amend
	34	+	2 Section 28-3A-17.1, Code of Alabama 1975, as amended by Act
	35	+	3 2021-350 of the 2021 Regular Session, relating to the
	36	+	4 establishment of entertainment districts, to further provide
	37	+	5 for entertainment districts in Class 3 municipalities; and to
	38	+	6 make nonsubstantive, technical revisions to update the
	39	+	7 existing code language to current style.
	40	+	8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	41	+	9 Section 1. Section 28-3A-17.1, Code of Alabama 1975,
	42	+	10 as amended by Act 2021-350 of the 2021 Regular Session, is
	43	+	11 amended to read as follows:
	44	+	12 "§28-3A-17.1.
	45	+	13 "(a)(1) Notwithstanding any rule adopted by the
	46	+	14 board, the board may issue an entertainment district
	47	+	15 designation to any retailer licensee that is licensed to sell
	48	+	16 alcoholic beverages for on-premises consumption and to any
	49	+	17 manufacturer licensee that conducts tastings or samplings on
	50	+	18 the licensed premises, provided the licensees are located in
	51	+	19 an entertainment district established pursuant to this
	52	+	20 section.
	53	+	21 "(2) A licensee who receives an entertainment
	54	+	22 district designation under this subsection shall comply with
	55	+	23 all laws and rules governing its license type, except that the
	56	+	24 patrons, guests, or members of that licensee may exit that
	57	+	25 licensed premises with open containers of alcoholic beverages
	58	+	26 and consume alcoholic beverages anywhere within the confines
	59	+	27 of the entertainment district, which shall be permitted, but
	60	+	Page 2 1 may not enter another licensed premises with open containers
	61	+	2 or closed containers of alcoholic beverages acquired
	62	+	3 elsewhere.
	63	+	4 "(3) The permission granted by this subsection
	64	+	5 permitting the consumption of alcoholic beverages anywhere
	65	+	6 within the confines of the entertainment district shall not
	66	+	7 extend the confines of the licensed premises.
	67	+	8 "(b) The governing body of any Class 5 municipality
	68	+	9 covered by Act 2013-382, or a municipality with an
	69	+	10 incorporated arts council, main street program, or downtown
	70	+	11 development entity, may establish not more than two
	71	+	12 entertainment districts within its corporate limits, each of
	72	+	13 which must have not fewer than four licensees holding a retail
	73	+	14 liquor license in that area, and each district may not exceed
	74	+	15 one-half mile by one-half mile in area, but may be irregularly
	75	+	16 shaped.
	76	+	17 "(c) The governing body of a Class 1 municipality,
	77	+	18 Class 2 municipality, Class 3 municipality, Class 4
	78	+	19 municipality, or any municipality that is located 15 miles
	79	+	20 north of the Gulf of Mexico, may establish up to five nine
	80	+	21 entertainment districts within the corporate limits, each of
	81	+	22 which must have not fewer than four licensees holding a
	82	+	23 manufacturer's license that conducts tastings or samplings on
	83	+	24 the licensed premises, a restaurant retail liquor license, an
	84	+	25 on-premises alcoholic beverage license, or other retail liquor
	85	+	26 license in that area, and each district may not exceed
	86	+	Page 3 1 one-half mile by one-half mile in area, but may be irregularly
	87	+	2 shaped.
	88	+	3 "(d) The governing body of a Class 8 municipality
	89	+	4 which is located in a county with a Class 3 municipality may
	90	+	5 establish two entertainment districts within its corporate
	91	+	6 limits that may not have fewer than four licensees holding a
	92	+	7 retail liquor license in that area, and each district may not
	93	+	8 exceed one-half mile by one-half mile in area, but may be
	94	+	9 irregularly shaped.
	95	+	10 "(e) For the purposes of subsection (c), the term
	96	+	11 on-premises as applied to consumption within the entertainment
	97	+	12 district shall include anywhere within the district,
	98	+	13 regardless of the terms and conditions of licensure.
	99	+	14 "(f) In a Class 2 municipality, the licensed
	100	+	15 premises in an entertainment district of a holder of a retail
	101	+	16 liquor license shall include the area on a municipal sidewalk
	102	+	17 or deck immediately adjacent or connected to the premises and,
	103	+	18 during special events, directly outside the entrance to the
	104	+	19 premises.
	105	+	20 "(g) The governing body of a Class 8 municipality
	106	+	21 that is located in a county with a Class 2 municipality and is
	107	+	22 primarily located on an island may establish three
	108	+	23 entertainment districts within its corporate limits. One
	109	+	24 district must have no fewer than two licensees holding a
	110	+	25 retail liquor license in a business or commercial area; one
	111	+	26 district may be established in a business or commercial area
	112	+	27 at times when special events are held as designated by the
	113	+	Page 4 1 governing body; and one district may be established on
	114	+	2 property owned by the Dauphin Island Property Owners
	115	+	3 Association and known as the Isle Dauphine Complex. Each
	116	+	4 district may not exceed one-half mile by one-half mile in
	117	+	5 area, but may be irregularly shaped.
	118	+	6 "(1) For purposes of this subsection, the term
	119	+	7 on-premises as applied to consumption within the entertainment
	120	+	8 district shall include anywhere within the district,
	121	+	9 regardless of the terms or conditions of licensure.
	122	+	10 "(2) For purposes of this subsection, with the
	123	+	11 approval of the local governing body and the board, the
	124	+	12 licensed premises in an entertainment district of a holder of
	125	+	13 a retail liquor license shall include the area on a deck,
	126	+	14 boardwalk, or municipal sidewalk immediately adjacent or
	127	+	15 connected to the premises and, during special events, directly
	128	+	16 outside the entrance to the premises. The licensee must
	129	+	17 possess legal control over all property that is included in
	130	+	18 the premises licensed by the board.
	131	+	19 "(h)(1) The governing body of a Class 8 municipality
	132	+	20 that meets all of the following qualifications may establish
	133	+	21 three entertainment districts within its corporate limits,
	134	+	22 provided that each district has no fewer than four licensees
	135	+	23 holding a retail liquor license in that area, and each
	136	+	24 district does not exceed one-half mile by one-half mile in
	137	+	25 area, but may be irregularly shaped:
	138	+	26 "a. The municipality is not in a county with a Class
	139	+	27 2 municipality.
	140	+	Page 5 1 "b. The municipality abuts or spans the Intracoastal
	141	+	2 Waterway and abuts the Gulf of Mexico.
	142	+	3 "c. The municipality has an incorporated arts
	143	+	4 council, main street program, or downtown development entity.
	144	+	5 "(2) For purposes of this subsection, the term
	145	+	6 on-premises as applied to consumption within the entertainment
	146	+	7 district shall include anywhere within the district regardless
	147	+	8 of the terms or conditions of licensure.
	148	+	9 "(3) For purposes of this subsection, with the
	149	+	10 approval of the local governing body and the board, the
	150	+	11 licensed premises in an entertainment district of a holder of
	151	+	12 a retail liquor license shall include the area on a deck,
	152	+	13 boardwalk, or municipal sidewalk immediately adjacent or
	153	+	14 connected to the premises and, during special events, directly
	154	+	15 adjacent to the entrance of the premises. The licensee must
	155	+	16 possess legal control over all property that is included in
	156	+	17 the premises licensed by the board.
	157	+	18 "(i) All laws or parts of laws which conflict with
	158	+	19 this section are repealed. All general, local, and special
	159	+	20 laws or parts of such laws insofar as they designate or
	160	+	21 restrict the boundaries, size, or area of such entertainment
	161	+	22 districts are hereby repealed to the extent that they
	162	+	23 designate or restrict the boundaries, size, or area of
	163	+	24 entertainment districts."
	164	+	25 Section 2. This act shall become effective on the
	165	+	26 first day of the third month following its passage and
	166	+	27 approval by the Governor, or its otherwise becoming law.
	167	+	Page 6 Page 7