Section 28-3A-17.1
Entertainment district designation in certain municipalities.
(a)(1) Notwithstanding any rule adopted by the board, the board may issue an entertainment district designation to any retailer licensee that is licensed to sell alcoholic beverages for on-premises consumption and to any manufacturer licensee that conducts tastings or samplings on the licensed premises, provided the licensees are located in an entertainment district established pursuant to this section.
(2) A licensee who receives an entertainment district designation under this subsection shall comply with all laws and rules governing its license type, except that the patrons, guests, or members of that licensee may exit that licensed premises with open containers of alcoholic beverages and consume alcoholic beverages anywhere within the confines of the entertainment district, which shall be permitted, but may not enter another licensed premises with open containers or closed containers of alcoholic beverages acquired elsewhere.
(3) The permission granted by this subsection permitting the consumption of alcoholic beverages anywhere within the confines of the entertainment district shall not extend the confines of the licensed premises.
(b) The governing body of any Class 5 municipality covered by Act 2013-382, or a municipality with an incorporated arts council, main street program, or downtown development entity, may establish not more than two entertainment districts within its corporate limits, each of which must have not fewer than four licensees holding a 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.
(c) The governing body of a Class 1 municipality, Class 2 municipality, Class 3 municipality, Class 4 municipality, or any municipality that is located 15 miles north of the Gulf of Mexico, may establish up to five entertainment districts within the corporate limits, each of which must have not fewer than four licensees holding a manufacturer's license that conducts tastings or samplings on the licensed premises, 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.
(d) The governing body of a Class 8 municipality which is located in a county with a Class 3 municipality may establish two entertainment districts within its corporate limits that may not have fewer than four licensees holding a 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.
(e) For the purposes of subsection (c), the term on-premises as applied to consumption within the entertainment district shall include anywhere within the district, regardless of the terms and conditions of licensure.
(f) In a Class 2 municipality, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a municipal sidewalk or deck immediately adjacent or connected to the premises and, during special events, directly outside the entrance to the premises.
(g) The governing body of a Class 8 municipality that is located in a county with a Class 2 municipality and is primarily located on an island may establish three entertainment districts within its corporate limits. One district must have no fewer than two licensees holding a retail liquor license in a business or commercial area; one district may be established in a business or commercial area at times when special events are held as designated by the governing body; and one district may be established on property owned by the Dauphin Island Property Owners Association and known as the Isle Dauphine Complex. Each district may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.
(1) For purposes of this subsection, the term on-premises as applied to consumption within the entertainment district shall include anywhere within the district, regardless of the terms or conditions of licensure.
(2) For purposes of this subsection, with the approval of the local governing body and the board, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a deck, boardwalk, or municipal sidewalk immediately adjacent or connected to the premises and, during special events, directly outside the entrance to the premises. The licensee must possess legal control over all property that is included in the premises licensed by the board.
(h)(1) The governing body of a Class 8 municipality that meets all of the following qualifications may establish three entertainment districts within its corporate limits, provided that each district has no fewer than four licensees holding a retail liquor license in that area, and each district does not exceed one-half mile by one-half mile in area, but may be irregularly shaped:
a. The municipality is not in a county with a Class 2 municipality.
b. The municipality abuts or spans the Intracoastal Waterway and abuts the Gulf of Mexico.
c. The municipality has an incorporated arts council, main street program, or downtown development entity.
(2) For purposes of this subsection, the term on-premises as applied to consumption within the entertainment district shall include anywhere within the district regardless of the terms or conditions of licensure.
(3) For purposes of this subsection, with the approval of the local governing body and the board, the licensed premises in an entertainment district of a holder of a retail liquor license shall include the area on a deck, boardwalk, or municipal sidewalk immediately adjacent or connected to the premises and, during special events, directly adjacent to the entrance of the premises. The licensee must possess legal control over all property that is included in the premises licensed by the board.
(i) All laws or parts of laws which conflict with this section are repealed. All general, local, and special laws or parts of such laws insofar as they designate or restrict the boundaries, size, or area of such entertainment districts are hereby repealed.
(Act 2012-438, p. 1238, §§1-4; Act 2013-382, p. 1436, §1; Act 2017-87, §1; Act 2019-185, §2; Act 2019-468, §1; Act 2021-350, §2.)