Alabama 2024 Regular Session

Alabama House Bill HB428 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB428ENROLLED~~
	1	+	HB428INTRODUCED
2	2		Page 0
3	3		HB428
4		-	BG3FJJ4-2
	4	+	BG3FJJ4-1
5	5		By Representative Rehm (N & P)
6	6		RFD: Local Legislation
7	7		First Read: 09-Apr-24
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12		-	5 ~~HB428 Enrolled~~
	12	+	5 BG3FJJ4-1 03/05/2024 FC (L)ma 2024-960
13	13		Page 1
14	14		First Read: 09-Apr-24
15		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
16	18		Relating to Henry County; to authorize the Henry County
17	19		Commission to require permits prior to any person or entity
18	20		conducting outside events for which an admission fee is
19	21		charged; to require applications and a permit fee; to specify
20	22		certain requirements on the application; and to provide for
21	23		ordinances by the county for the commission authorizing the
22	24		closure of the events and the assessment of civil fines and
23	25		due process hearings.
24	26		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25	27		Section 1. This act shall only apply in the
26	28		unincorporated area of Henry County outside of the corporate
27	29		limits of any organized and operating municipality.
28	30		Section 2. (a) Any person or entity that sponsors or
29	31		plans to hold an outside event in the unincorporated area of
30	32		the county for which an admission fee is charged shall obtain
31	33		a permit from the Henry County Commission. The county
32	34		commission, by ordinance, may specify the minimum requirements
33	35		for a permit, including, but not limited to, security,
34	36		parking, public bathroom facilities, times of operation, or
35	37		other requirements to provide for the health and safety of
36		-	participants and the surrounding public. The person or entity
37		-	shall file an application for a permit not less than two
38		-	business days prior to the event which shall be accompanied by
39		-	a permit fee set by the county commission not to exceed two
40		-	hundred fifty dollars ($250).
41		-	(b) The contents of an application for a permit shall
42		-	be determined by the county commission. The application shall
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	65	+	28 HB428 INTRODUCED
71	66		Page 2
	67	+	other requirements to provide for the health and safety of
	68	+	participants and the surrounding public. The person or entity
	69	+	shall file an application for a permit not less than two
	70	+	business days prior to the event which shall be accompanied by
	71	+	a permit fee set by the county commission not to exceed two
	72	+	hundred fifty dollars ($250).
	73	+	(b) The contents of an application for a permit shall
72	74		be determined by the county commission. The application shall
73	75		be signed by the sponsor of the event and the property owner
74	76		where the event will be held. The application, in addition to
75	77		any other information required, shall contain all of the
76	78		following information:
77	79		(1) The security that will be provided at the event.
78	80		(2) The bathroom facilities that will be provided to
79	81		participants.
80	82		(3) The parking that will be available for
81	83		participants. The sponsor of the event shall acknowledge that
82	84		parking will not be permitted on the public right-of-way and
83	85		that motor vehicles may be towed if parked on the public
84	86		right-of-way.
85	87		(c) The applicants for a permit by their signature
86	88		shall agree to comply with the requirements for the permit and
87	89		the information stated on the application.
88	90		(d) Any event that violates the conditions of the
89	91		permit or that creates a public nuisance for participants or
90	92		the surrounding property owners may be ordered by law
91	93		enforcement to be closed and dispersed.
92	94		(e) The Henry County Commission, by ordinance, may
93	95		provide that any person or entity holding an event without a
94		-	valid permit, or any sponsor or entity conducting an event
95		-	that creates a public nuisance or that fails to close the
96		-	event upon order by law enforcement, may be subject to a civil
97		-	fine of not more than two hundred fifty dollars ($250) to be
98		-	assessed as provided in the ordinance. The amount of the civil
99		-	fine shall be increased to five hundred dollars ($500) for a
100		-	second violation and one-thousand dollars ($1,000) for a third
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128		-	56 HB428 ~~Enrolled~~
	123	+	56 HB428 INTRODUCED
129	124		Page 3
	125	+	provide that any person or entity holding an event without a
	126	+	valid permit, or any sponsor or entity conducting an event
	127	+	that creates a public nuisance or that fails to close the
	128	+	event upon order by law enforcement, may be subject to a civil
	129	+	fine of not more than two hundred fifty dollars ($250) to be
	130	+	assessed as provided in the ordinance. The amount of the civil
	131	+	fine shall be increased to five hundred dollars ($500) for a
130	132		second violation and one-thousand dollars ($1,000) for a third
131	133		or subsequent violation by the same person or entity. Any law
132	134		enforcement officer may issue a civil citation alleging a
133	135		violation of the ordinance. The ordinance shall provide that a
134	136		person or entity charged with a violation may pay a civil fine
135	137		to the county commission or request a due process hearing
136	138		before the county commission or its hearing officer. The
137	139		county commission shall make the final decision on the alleged
138	140		violation. The county commission's finding and assessment of a
139	141		civil fine shall be final within 30 days thereof unless
140	142		appealed to the Circuit Court of Henry County based on the
141	143		administrative record of the hearing. Any fine due shall be a
142	144		debt owed to Henry County and shall be enforceable by civil
143	145		action in the same manner as any other debt. The person or
144	146		entity owing the fine shall be liable for all costs, including
145	147		court costs and attorney fees, if an action is taken in court
146	148		to collect the fine.
147	149		Section 3. This act shall not apply to events such as
148	150		weddings and church functions that do not charge an entry fee
149	151		or paid ticket to participate.
150	152		Section 4. This act shall become effective on June 1,
151	153		2024.
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172		-	77 HB428 Enrolled
173		-	Page 4
174		-	2024.
175		-	________________________________________________
176		-	Speaker of the House of Representatives
177		-	________________________________________________
178		-	President and Presiding Officer of the Senate
179		-	House of Representatives
180		-	I hereby certify that the within Act originated in and
181		-	was passed by the House 16-Apr-24.
182		-	John Treadwell
183		-	Clerk
184		-	Senate 02-May-24 Passed
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