| 7 | | - | Page 0 SB41 |
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| 8 | | - | 1 SB41 |
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| 9 | | - | 2 |
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| 10 | | - | 3 |
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| 11 | | - | 4 ENROLLED, An Act, |
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| 12 | | - | 5 Relating to entertainment districts in Class 1 |
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| 13 | | - | 6 municipalities; to amend Section 28-3A-17.1, Code of Alabama |
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| 14 | | - | 7 1975, as amended by Act 2021-350 of the 2021 Regular Session, |
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| 15 | | - | 8 to authorize the governing body of a Class 1 municipality to |
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| 16 | | - | 9 establish up to 15 entertainment districts within its |
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| 17 | | - | 10 corporate limits under certain conditions. |
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| 18 | | - | 11 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 19 | | - | 12 Section 1. The Legislature declares that this act |
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| 20 | | - | 13 regulates the liquor traffic within the meaning and intent of |
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| 21 | | - | 14 Section 104 of the Constitution of Alabama of 1901, now |
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| 22 | | - | 15 appearing as Section 104 of the Official Recompilation of the |
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| 23 | | - | 16 Constitution of Alabama of 1901, as amended. |
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| 24 | | - | 17 Section 2. Section 28-3A-17.1, Code of Alabama 1975, |
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| 25 | | - | 18 as amended by Act 2021-350 of the 2021 Regular Session, is |
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| 26 | | - | 19 amended to read as follows: |
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| 27 | | - | 20 "§28-3A-17.1. |
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| 28 | | - | 21 "(a)(1) Notwithstanding any rule adopted by the |
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| 29 | | - | 22 board, the board may issue an entertainment district |
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| 30 | | - | 23 designation to any retailer licensee that is licensed to sell |
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| 31 | | - | 24 alcoholic beverages for on-premises consumption and to any |
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| 32 | | - | 25 manufacturer licensee that conducts tastings or samplings on |
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| 33 | | - | Page 1 SB41 |
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| 34 | | - | 1 the licensed premises, provided the licensees are located in |
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| 35 | | - | 2 an entertainment district established pursuant to this |
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| 36 | | - | 3 section. |
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| 37 | | - | 4 "(2) A licensee who receives an entertainment |
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| 38 | | - | 5 district designation under this subsection shall comply with |
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| 39 | | - | 6 all laws and rules governing its license type, except that the |
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| 40 | | - | 7 patrons, guests, or members of that licensee may exit that |
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| 41 | | - | 8 licensed premises with open containers of alcoholic beverages |
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| 42 | | - | 9 and consume alcoholic beverages anywhere within the confines |
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| 43 | | - | 10 of the entertainment district, which shall be permitted, but |
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| 44 | | - | 11 may not enter another licensed premises with open containers |
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| 45 | | - | 12 or closed containers of alcoholic beverages acquired |
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| 46 | | - | 13 elsewhere. |
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| 47 | | - | 14 "(3) The permission granted by this subsection |
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| 48 | | - | 15 permitting the consumption of alcoholic beverages anywhere |
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| 49 | | - | 16 within the confines of the entertainment district shall not |
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| 50 | | - | 17 extend the confines of the licensed premises. |
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| 51 | | - | 18 "(b) The governing body of any Class 5 municipality |
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| 52 | | - | 19 covered by Act 2013-382, or a municipality with an |
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| 53 | | - | 20 incorporated arts council, main street program, or downtown |
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| 54 | | - | 21 development entity, may establish not more than two |
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| 55 | | - | 22 entertainment districts within its corporate limits, each of |
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| 56 | | - | 23 which must have not fewer than four licensees holding a retail |
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| 57 | | - | 24 liquor license in that area, and each district may not exceed |
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| 58 | | - | Page 2 SB41 |
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| 59 | | - | 1 one-half mile by one-half mile in area, but may be irregularly |
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| 60 | | - | 2 shaped. |
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| 61 | | - | 3 "(c) The governing body of a Class 1 municipality, |
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| 62 | | - | 4 Class 2 municipality, Class 3 municipality, Class 4 |
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| 63 | | - | 5 municipality, or any municipality that is located 15 miles |
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| 64 | | - | 6 north of the Gulf of Mexico, may establish up to five |
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| 65 | | - | 7 entertainment districts within the corporate limits, each of |
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| 66 | | - | 8 which must have not fewer than four licensees holding a |
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| 67 | | - | 9 manufacturer's license that conducts tastings or samplings on |
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| 68 | | - | 10 the licensed premises, a restaurant retail liquor license, an |
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| 69 | | - | 11 on-premises alcoholic beverage license, or other retail liquor |
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| 70 | | - | 12 license in that area, and each district may not exceed |
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| 71 | | - | 13 one-half mile by one-half mile in area, but may be irregularly |
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| 72 | | - | 14 shaped. |
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| 73 | | - | 15 "(d) The governing body of a Class 1 municipality |
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| 74 | | - | 16 may establish up to 15 entertainment districts within its |
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| 75 | | - | 17 corporate limits, each of which shall have not fewer than four |
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| 76 | | - | 18 licensees holding a manufacturer's license that conducts |
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| 77 | | - | 19 tastings or samplings on the licensed premises, a restaurant |
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| 78 | | - | 20 retail liquor license, an on-premises alcoholic beverage |
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| 79 | | - | 21 license, or other retail liquor license in that area, and each |
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| 80 | | - | 22 district may not exceed one-half mile by one-half mile in |
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| 81 | | - | 23 area, but may be irregularly shaped. |
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| 82 | | - | 24 "(d)(e) The governing body of a Class 8 municipality |
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| 83 | | - | 25 which is located in a county with a Class 3 municipality may |
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| 84 | | - | Page 3 SB41 |
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| 85 | | - | 1 establish two entertainment districts within its corporate |
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| 86 | | - | 2 limits that may not have fewer than four licensees holding a |
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| 87 | | - | 3 retail liquor license in that area, and each district may not |
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| 88 | | - | 4 exceed one-half mile by one-half mile in area, but may be |
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| 89 | | - | 5 irregularly shaped. |
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| 90 | | - | 6 "(e)(f) For the purposes of subsection subsections |
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| 91 | | - | 7 (c) and (d), the term on-premises as applied to consumption |
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| 92 | | - | 8 within the entertainment district shall include anywhere |
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| 93 | | - | 9 within the district, regardless of the terms and conditions of |
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| 94 | | - | 10 licensure. |
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| 95 | | - | 11 "(f)(g) In a Class 2 municipality, the licensed |
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| 96 | | - | 12 premises in an entertainment district of a holder of a retail |
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| 97 | | - | 13 liquor license shall include the area on a municipal sidewalk |
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| 98 | | - | 14 or deck immediately adjacent or connected to the premises and, |
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| 99 | | - | 15 during special events, directly outside the entrance to the |
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| 100 | | - | 16 premises. |
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| 101 | | - | 17 "(g)(h) The governing body of a Class 8 municipality |
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| 102 | | - | 18 that is located in a county with a Class 2 municipality and is |
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| 103 | | - | 19 primarily located on an island may establish three |
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| 104 | | - | 20 entertainment districts within its corporate limits. One |
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| 105 | | - | 21 district must have no fewer than two licensees holding a |
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| 106 | | - | 22 retail liquor license in a business or commercial area; one |
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| 107 | | - | 23 district may be established in a business or commercial area |
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| 108 | | - | 24 at times when special events are held as designated by the |
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| 109 | | - | 25 governing body; and one district may be established on |
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| 110 | | - | Page 4 SB41 |
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| 111 | | - | 1 property owned by the Dauphin Island Property Owners |
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| 112 | | - | 2 Association and known as the Isle Dauphine Complex. Each |
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| 113 | | - | 3 district may not exceed one-half mile by one-half mile in |
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| 114 | | - | 4 area, but may be irregularly shaped. |
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| 115 | | - | 5 "(1) For purposes of this subsection, the term |
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| 116 | | - | 6 on-premises as applied to consumption within the entertainment |
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| 117 | | - | 7 district shall include anywhere within the district, |
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| 118 | | - | 8 regardless of the terms or conditions of licensure. |
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| 119 | | - | 9 "(2) For purposes of this subsection, with the |
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| 120 | | - | 10 approval of the local governing body and the board, the |
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| 121 | | - | 11 licensed premises in an entertainment district of a holder of |
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| 122 | | - | 12 a retail liquor license shall include the area on a deck, |
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| 123 | | - | 13 boardwalk, or municipal sidewalk immediately adjacent or |
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| 124 | | - | 14 connected to the premises and, during special events, directly |
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| 125 | | - | 15 outside the entrance to the premises. The licensee must |
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| 126 | | - | 16 possess legal control over all property that is included in |
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| 127 | | - | 17 the premises licensed by the board. |
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| 128 | | - | 18 "(h)(i)(1) The governing body of a Class 8 |
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| 129 | | - | 19 municipality that meets all of the following qualifications |
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| 130 | | - | 20 may establish three entertainment districts within its |
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| 131 | | - | 21 corporate limits, provided that each district has no fewer |
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| 132 | | - | 22 than four licensees holding a retail liquor license in that |
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| 133 | | - | 23 area, and each district does not exceed one-half mile by |
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| 134 | | - | 24 one-half mile in area, but may be irregularly shaped: |
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| 135 | | - | Page 5 SB41 |
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| 136 | | - | 1 "a. The municipality is not in a county with a Class |
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| 137 | | - | 2 2 municipality. |
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| 138 | | - | 3 "b. The municipality abuts or spans the Intracoastal |
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| 139 | | - | 4 Waterway and abuts the Gulf of Mexico. |
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| 140 | | - | 5 "c. The municipality has an incorporated arts |
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| 141 | | - | 6 council, main street program, or downtown development entity. |
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| 142 | | - | 7 "(2) For purposes of this subsection, the term |
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| 143 | | - | 8 on-premises as applied to consumption within the entertainment |
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| 144 | | - | 9 district shall include anywhere within the district regardless |
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| 145 | | - | 10 of the terms or conditions of licensure. |
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| 146 | | - | 11 "(3) For purposes of this subsection, with the |
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| 147 | | - | 12 approval of the local governing body and the board, the |
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| 148 | | - | 13 licensed premises in an entertainment district of a holder of |
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| 149 | | - | 14 a retail liquor license shall include the area on a deck, |
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| 150 | | - | 15 boardwalk, or municipal sidewalk immediately adjacent or |
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| 151 | | - | 16 connected to the premises and, during special events, directly |
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| 152 | | - | 17 adjacent to the entrance of the premises. The licensee must |
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| 153 | | - | 18 possess legal control over all property that is included in |
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| 154 | | - | 19 the premises licensed by the board. |
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| 155 | | - | 20 (h)(j) All laws or parts of laws which conflict with |
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| 156 | | - | 21 this section are repealed. All general, local, and special |
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| 157 | | - | 22 laws or parts of such laws insofar as they designate or |
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| 158 | | - | 23 restrict the boundaries, size, or area of such entertainment |
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| 159 | | - | 24 districts are hereby repealed." |
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| 160 | | - | Page 6 SB41 |
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| 161 | | - | 1 Section 3. This act shall become effective on the |
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| 162 | | - | 2 first day of the third month following its passage and |
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| 163 | | - | 3 approval by the Governor, or its otherwise becoming law. |
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| 164 | | - | Page 7 SB41 |
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| 165 | | - | 1 |
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| 7 | + | Page 0 1 215098-1:n:09/23/2021:FC/ma LSA2021-2024 |
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| 172 | | - | 6 Speaker of the House of Representatives |
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| 173 | | - | SB417 |
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| 174 | | - | 8 Senate 08-FEB-22 |
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| 175 | | - | 9 I hereby certify that the within Act originated in and passed |
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| 176 | | - | 10 the Senate. |
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| 177 | | - | 11 |
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| 178 | | - | 12 Patrick Harris, |
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| 179 | | - | 13 Secretary. |
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| 180 | | - | 14 |
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| 181 | | - | 15 |
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| 182 | | - | 16 |
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| 183 | | - | 17 House of Representatives |
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| 184 | | - | 18 Passed: 02-MAR-22 |
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| 185 | | - | 19 |
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| 186 | | - | 20 |
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| 187 | | - | 21 By: Senator Smitherman |
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| 188 | | - | Page 8 |
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| 12 | + | 6 |
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| 13 | + | 7 |
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| 14 | + | 8 SYNOPSIS: Under existing law, a Class 1 municipality |
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| 15 | + | 9 may establish up to five entertainment districts. |
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| 16 | + | 10 This bill would authorize the governing body |
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| 17 | + | 11 of a Class 1 municipality to establish up to 15 |
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| 18 | + | 12 entertainment districts. |
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| 19 | + | 13 |
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| 20 | + | 14 A BILL |
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| 21 | + | 15 TO BE ENTITLED |
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| 22 | + | 16 AN ACT |
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| 23 | + | 17 |
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| 24 | + | 18 Relating to entertainment districts in Class 1 |
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| 25 | + | 19 municipalities; to amend Section 28-3A-17.1, Code of Alabama |
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| 26 | + | 20 1975, as amended by Act 2021-350 of the 2021 Regular Session, |
|---|
| 27 | + | 21 to authorize the governing body of a Class 1 municipality to |
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| 28 | + | 22 establish up to 15 entertainment districts within its |
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| 29 | + | 23 corporate limits under certain conditions. |
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| 30 | + | 24 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 31 | + | 25 Section 1. The Legislature declares that this act |
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| 32 | + | 26 regulates the liquor traffic within the meaning and intent of |
|---|
| 33 | + | 27 Section 104 of the Constitution of Alabama of 1901, now |
|---|
| 34 | + | Page 1 1 appearing as Section 104 of the Official Recompilation of the |
|---|
| 35 | + | 2 Constitution of Alabama of 1901, as amended. |
|---|
| 36 | + | 3 Section 2. Section 28-3A-17.1, Code of Alabama 1975, |
|---|
| 37 | + | 4 as amended by Act 2021-350 of the 2021 Regular Session, is |
|---|
| 38 | + | 5 amended to read as follows: |
|---|
| 39 | + | 6 "§28-3A-17.1. |
|---|
| 40 | + | 7 "(a)(1) Notwithstanding any rule adopted by the |
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| 41 | + | 8 board, the board may issue an entertainment district |
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| 42 | + | 9 designation to any retailer licensee that is licensed to sell |
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| 43 | + | 10 alcoholic beverages for on-premises consumption and to any |
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| 44 | + | 11 manufacturer licensee that conducts tastings or samplings on |
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| 45 | + | 12 the licensed premises, provided the licensees are located in |
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| 46 | + | 13 an entertainment district established pursuant to this |
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| 47 | + | 14 section. |
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| 48 | + | 15 "(2) A licensee who receives an entertainment |
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| 49 | + | 16 district designation under this subsection shall comply with |
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| 50 | + | 17 all laws and rules governing its license type, except that the |
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| 51 | + | 18 patrons, guests, or members of that licensee may exit that |
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| 52 | + | 19 licensed premises with open containers of alcoholic beverages |
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| 53 | + | 20 and consume alcoholic beverages anywhere within the confines |
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| 54 | + | 21 of the entertainment district, which shall be permitted, but |
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| 55 | + | 22 may not enter another licensed premises with open containers |
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| 56 | + | 23 or closed containers of alcoholic beverages acquired |
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| 57 | + | 24 elsewhere. |
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| 58 | + | 25 "(3) The permission granted by this subsection |
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| 59 | + | 26 permitting the consumption of alcoholic beverages anywhere |
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| 60 | + | Page 2 1 within the confines of the entertainment district shall not |
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| 61 | + | 2 extend the confines of the licensed premises. |
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| 62 | + | 3 "(b) The governing body of any Class 5 municipality |
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| 63 | + | 4 covered by Act 2013-382, or a municipality with an |
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| 64 | + | 5 incorporated arts council, main street program, or downtown |
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| 65 | + | 6 development entity, may establish not more than two |
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| 66 | + | 7 entertainment districts within its corporate limits, each of |
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| 67 | + | 8 which must have not fewer than four licensees holding a retail |
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| 68 | + | 9 liquor license in that area, and each district may not exceed |
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| 69 | + | 10 one-half mile by one-half mile in area, but may be irregularly |
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| 70 | + | 11 shaped. |
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| 71 | + | 12 "(c) The governing body of a Class 1 municipality, |
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| 72 | + | 13 Class 2 municipality, Class 3 municipality, Class 4 |
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| 73 | + | 14 municipality, or any municipality that is located 15 miles |
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| 74 | + | 15 north of the Gulf of Mexico, may establish up to five |
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| 75 | + | 16 entertainment districts within the corporate limits, each of |
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| 76 | + | 17 which must have not fewer than four licensees holding a |
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| 77 | + | 18 manufacturer's license that conducts tastings or samplings on |
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| 78 | + | 19 the licensed premises, a restaurant retail liquor license, an |
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| 79 | + | 20 on-premises alcoholic beverage license, or other retail liquor |
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| 80 | + | 21 license in that area, and each district may not exceed |
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| 81 | + | 22 one-half mile by one-half mile in area, but may be irregularly |
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| 82 | + | 23 shaped. |
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| 83 | + | 24 "(d) The governing body of a Class 1 municipality |
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| 84 | + | 25 may establish up to 15 entertainment districts within its |
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| 85 | + | 26 corporate limits, each of which shall have not fewer than four |
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| 86 | + | 27 licensees holding a manufacturer's license that conducts |
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| 87 | + | Page 3 1 tastings or samplings on the licensed premises, a restaurant |
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| 88 | + | 2 retail liquor license, an on-premises alcoholic beverage |
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| 89 | + | 3 license, or other retail liquor license in that area, and each |
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| 90 | + | 4 district may not exceed one-half mile by one-half mile in |
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| 91 | + | 5 area, but may be irregularly shaped. |
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| 92 | + | 6 "(d)(e) The governing body of a Class 8 municipality |
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| 93 | + | 7 which is located in a county with a Class 3 municipality may |
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| 94 | + | 8 establish two entertainment districts within its corporate |
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| 95 | + | 9 limits that may not have fewer than four licensees holding a |
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| 96 | + | 10 retail liquor license in that area, and each district may not |
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| 97 | + | 11 exceed one-half mile by one-half mile in area, but may be |
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| 98 | + | 12 irregularly shaped. |
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| 99 | + | 13 "(e)(f) For the purposes of subsection subsections |
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| 100 | + | 14 (c) and (d), the term on-premises as applied to consumption |
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| 101 | + | 15 within the entertainment district shall include anywhere |
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| 102 | + | 16 within the district, regardless of the terms and conditions of |
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| 103 | + | 17 licensure. |
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| 104 | + | 18 "(f)(g) In a Class 2 municipality, the licensed |
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| 105 | + | 19 premises in an entertainment district of a holder of a retail |
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| 106 | + | 20 liquor license shall include the area on a municipal sidewalk |
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| 107 | + | 21 or deck immediately adjacent or connected to the premises and, |
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| 108 | + | 22 during special events, directly outside the entrance to the |
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| 109 | + | 23 premises. |
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| 110 | + | 24 "(g)(h) The governing body of a Class 8 municipality |
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| 111 | + | 25 that is located in a county with a Class 2 municipality and is |
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| 112 | + | 26 primarily located on an island may establish three |
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| 113 | + | 27 entertainment districts within its corporate limits. One |
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| 114 | + | Page 4 1 district must have no fewer than two licensees holding a |
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| 115 | + | 2 retail liquor license in a business or commercial area; one |
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| 116 | + | 3 district may be established in a business or commercial area |
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| 117 | + | 4 at times when special events are held as designated by the |
|---|
| 118 | + | 5 governing body; and one district may be established on |
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| 119 | + | 6 property owned by the Dauphin Island Property Owners |
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| 120 | + | 7 Association and known as the Isle Dauphine Complex. Each |
|---|
| 121 | + | 8 district may not exceed one-half mile by one-half mile in |
|---|
| 122 | + | 9 area, but may be irregularly shaped. |
|---|
| 123 | + | 10 "(1) For purposes of this subsection, the term |
|---|
| 124 | + | 11 on-premises as applied to consumption within the entertainment |
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| 125 | + | 12 district shall include anywhere within the district, |
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| 126 | + | 13 regardless of the terms or conditions of licensure. |
|---|
| 127 | + | 14 "(2) For purposes of this subsection, with the |
|---|
| 128 | + | 15 approval of the local governing body and the board, the |
|---|
| 129 | + | 16 licensed premises in an entertainment district of a holder of |
|---|
| 130 | + | 17 a retail liquor license shall include the area on a deck, |
|---|
| 131 | + | 18 boardwalk, or municipal sidewalk immediately adjacent or |
|---|
| 132 | + | 19 connected to the premises and, during special events, directly |
|---|
| 133 | + | 20 outside the entrance to the premises. The licensee must |
|---|
| 134 | + | 21 possess legal control over all property that is included in |
|---|
| 135 | + | 22 the premises licensed by the board. |
|---|
| 136 | + | 23 "(h)(i)(1) The governing body of a Class 8 |
|---|
| 137 | + | 24 municipality that meets all of the following qualifications |
|---|
| 138 | + | 25 may establish three entertainment districts within its |
|---|
| 139 | + | 26 corporate limits, provided that each district has no fewer |
|---|
| 140 | + | 27 than four licensees holding a retail liquor license in that |
|---|
| 141 | + | Page 5 1 area, and each district does not exceed one-half mile by |
|---|
| 142 | + | 2 one-half mile in area, but may be irregularly shaped: |
|---|
| 143 | + | 3 "a. The municipality is not in a county with a Class |
|---|
| 144 | + | 4 2 municipality. |
|---|
| 145 | + | 5 "b. The municipality abuts or spans the Intracoastal |
|---|
| 146 | + | 6 Waterway and abuts the Gulf of Mexico. |
|---|
| 147 | + | 7 "c. The municipality has an incorporated arts |
|---|
| 148 | + | 8 council, main street program, or downtown development entity. |
|---|
| 149 | + | 9 "(2) For purposes of this subsection, the term |
|---|
| 150 | + | 10 on-premises as applied to consumption within the entertainment |
|---|
| 151 | + | 11 district shall include anywhere within the district regardless |
|---|
| 152 | + | 12 of the terms or conditions of licensure. |
|---|
| 153 | + | 13 "(3) For purposes of this subsection, with the |
|---|
| 154 | + | 14 approval of the local governing body and the board, the |
|---|
| 155 | + | 15 licensed premises in an entertainment district of a holder of |
|---|
| 156 | + | 16 a retail liquor license shall include the area on a deck, |
|---|
| 157 | + | 17 boardwalk, or municipal sidewalk immediately adjacent or |
|---|
| 158 | + | 18 connected to the premises and, during special events, directly |
|---|
| 159 | + | 19 adjacent to the entrance of the premises. The licensee must |
|---|
| 160 | + | 20 possess legal control over all property that is included in |
|---|
| 161 | + | 21 the premises licensed by the board. |
|---|
| 162 | + | 22 (h)(j) All laws or parts of laws which conflict with |
|---|
| 163 | + | 23 this section are repealed. All general, local, and special |
|---|
| 164 | + | 24 laws or parts of such laws insofar as they designate or |
|---|
| 165 | + | 25 restrict the boundaries, size, or area of such entertainment |
|---|
| 166 | + | 26 districts are hereby repealed." |
|---|
| 167 | + | Page 6 1 Section 3. This act shall become effective on the |
|---|
| 168 | + | 2 first day of the third month following its passage and |
|---|
| 169 | + | 3 approval by the Governor, or its otherwise becoming law. |
|---|
| 170 | + | Page 7 |
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