| 1 | 1 | | 1 SB334 |
|---|
| 2 | 2 | | 2 218147-1 |
|---|
| 3 | 3 | | 3 By Senators Smitherman and Waggoner (N & P) |
|---|
| 4 | 4 | | 4 RFD: Jefferson County Legislation |
|---|
| 5 | 5 | | 5 First Read: 29-MAR-22 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | Page 0 1 218147-1:n:02/23/2022:FC/ma LSA2022-815 |
|---|
| 8 | 8 | | 2 |
|---|
| 9 | 9 | | 3 |
|---|
| 10 | 10 | | 4 |
|---|
| 11 | 11 | | 5 |
|---|
| 12 | 12 | | 6 |
|---|
| 13 | 13 | | 7 |
|---|
| 14 | 14 | | 8 |
|---|
| 15 | 15 | | 9 A BILL |
|---|
| 16 | 16 | | 10 TO BE ENTITLED |
|---|
| 17 | 17 | | 11 AN ACT |
|---|
| 18 | 18 | | 12 |
|---|
| 19 | 19 | | 13 Relating to the City of Homewood in Jefferson |
|---|
| 20 | 20 | | 14 County; to authorize the City Council of the City of Homewood |
|---|
| 21 | 21 | | 15 to establish and regulate the operation of an entertainment |
|---|
| 22 | 22 | | 16 district in the West Homewood Business District as further |
|---|
| 23 | 23 | | 17 described in Homewood City Code; and to authorize the city |
|---|
| 24 | 24 | | 18 council to provide penalties for violations. |
|---|
| 25 | 25 | | 19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 26 | 26 | | 20 Section 1. This act is adopted pursuant to the |
|---|
| 27 | 27 | | 21 authority in subdivision (31) of Section 104 of the |
|---|
| 28 | 28 | | 22 Constitution of Alabama of 1901, as amended. |
|---|
| 29 | 29 | | 23 Section 2. (a) The City Council of the City of |
|---|
| 30 | 30 | | 24 Homewood by ordinance may provide for the establishment of an |
|---|
| 31 | 31 | | 25 entertainment district in the area of the city designated as |
|---|
| 32 | 32 | | 26 the West Homewood Business District in Exhibit B of Resolution |
|---|
| 33 | 33 | | 27 No. 21-184 of the Homewood City Council, generally along Oak |
|---|
| 34 | 34 | | Page 1 1 Grove Road and Oxmoor Road. The ordinance of the city council |
|---|
| 35 | 35 | | 2 shall specifically designate the boundaries of the West |
|---|
| 36 | 36 | | 3 Homewood Business Entertainment District and shall regulate |
|---|
| 37 | 37 | | 4 hours of operation of an entertainment district, may provide |
|---|
| 38 | 38 | | 5 for the revocation of the entertainment district designation, |
|---|
| 39 | 39 | | 6 and may regulate any other aspect of the operation of |
|---|
| 40 | 40 | | 7 entertainment districts. |
|---|
| 41 | 41 | | 8 (b) Any retail licensee of the Alabama Alcoholic |
|---|
| 42 | 42 | | 9 Beverage Control Board licensed to sell alcoholic beverages |
|---|
| 43 | 43 | | 10 for on-premises consumption located in an entertainment |
|---|
| 44 | 44 | | 11 district shall be authorized to obtain an entertainment |
|---|
| 45 | 45 | | 12 district permit. Notwithstanding any other provision of law, |
|---|
| 46 | 46 | | 13 any licensee that receives an entertainment district permit |
|---|
| 47 | 47 | | 14 shall comply with all laws and rules governing its license, |
|---|
| 48 | 48 | | 15 except that patrons, guests, or members of the licensee may |
|---|
| 49 | 49 | | 16 exit the licensed premises with open containers of alcoholic |
|---|
| 50 | 50 | | 17 beverages anywhere within the confines of the entertainment |
|---|
| 51 | 51 | | 18 district, but they may not enter the premises of another |
|---|
| 52 | 52 | | 19 licensee with open containers or closed containers of |
|---|
| 53 | 53 | | 20 alcoholic beverages acquired elsewhere. In addition, the |
|---|
| 54 | 54 | | 21 ordinance shall prohibit a person other than a retail licensee |
|---|
| 55 | 55 | | 22 from possessing or bringing in the entertainment district an |
|---|
| 56 | 56 | | 23 open or closed container of alcoholic beverages acquired |
|---|
| 57 | 57 | | 24 outside of the entertainment district during the hours of |
|---|
| 58 | 58 | | 25 operation of the entertainment district. |
|---|
| 59 | 59 | | 26 (c) The ordinance of the city council shall be |
|---|
| 60 | 60 | | 27 enforced by the City of Homewood and shall provide penalties |
|---|
| 61 | 61 | | Page 2 1 for violations of the ordinance as otherwise authorized by |
|---|
| 62 | 62 | | 2 law. |
|---|
| 63 | 63 | | 3 Section 3. All laws or parts of laws which conflict |
|---|
| 64 | 64 | | 4 with this act are repealed. |
|---|
| 65 | 65 | | 5 Section 4. This act shall become effective |
|---|
| 66 | 66 | | 6 immediately following its passage and approval by the |
|---|
| 67 | 67 | | 7 Governor, or its otherwise becoming law. |
|---|
| 68 | 68 | | Page 3 |
|---|