HB461

ENROLLED, An Act,

Relating to the City of Phenix City in Russell County; to authorize the governing body of the municipality to establish no more than two entertainment districts within the corporate limits of the municipality with no fewer than three licensees holding a restaurant retail liquor license, an on-premises alcoholic beverage license, or other retail liquor license; to provide for the licensees who receive an entertainment district designation; and to provide for consumption of alcoholic beverages anywhere within the entertainment district under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. As a matter of law, the Legislature declares that this act regulates the liquor traffic within the meaning and intent of Section 104 of the Constitution of Alabama of 1901.

Section 2. This act shall apply only to the City of Phenix City in Russell County.

Section 3. (a) Notwithstanding Section 28-3A-17.1 of the Code of Alabama 1975, the governing body of the City of Phenix City may establish not more than two entertainment districts within its corporate limits, each of which may not have fewer than three licensees holding a restaurant retail liquor license, an on-premises alcoholic beverage license, or other retail liquor license in that area, and each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.

(b)(1) Upon compliance of the applicant with Chapter 3A of Title 28 of the Code of Alabama 1975, and the regulations made pursuant to that chapter which are not in conflict with this act, the Alabama Alcoholic Beverage Control Board may issue an entertainment district designation for any retail license authorized in Chapter 3A of Title 28 of the Code of Alabama 1975, which allows the licensee of a licensed premises located in an entertainment district established pursuant to this act to sell alcoholic beverages for consumption on the licensed premises.

(2) A licensee who receives an entertainment district designation for an on-premises retail license shall comply with all laws, rules, and regulations which govern its license type, except that any patron, guest, or member of that licensee may exit that licensed premises with an open container of an alcoholic beverage and consume the alcoholic beverage anywhere within the confines of the entertainment district, but may not enter another licensed premises with an open container or closed container of an alcoholic beverage acquired elsewhere.

(c) The permission granted by subsection (b) allowing a patron, guest, or member of a licensee to exit the licensed premises and consume an alcoholic beverage anywhere within the confines of the entertainment district shall not extend the confines of the licensed premises.

(d) For the purposes of this act, the term on-premises as applied to consumption within an entertainment district shall include anywhere within the district, regardless of the terms and conditions of the licensure.

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Russell County

Municipalities

Alcoholic Beverage Control Board

Entertainment District

Alcoholic Beverages

Licenses and Licensing

City Council