[Ord. No. 1807-22, 4-4-2022]
(a) 
Under the authority granted in Act No. 2022-121[1] the City does hereby create and establish an Entertainment District in downtown Albertville with the areas and boundaries as set forth and designated on the map which is attached as Exhibit 1 to this ordinance.[2] The designation of any street or portion of a street within the Entertainment District shall include sidewalks which run parallel with and immediately adjacent to each side of that street or portion of that street within the Entertainment District.
[1]
Editor's Note: See Alabama Code 1975 § 45-48A-10.01.
[2]
Editor's Note: Exhibit 1 is on file at the City Clerk's office.
(b) 
The Entertainment District shall be operative and in effect during the same hours for which the sale of alcohol beverages is permitted under § 3-10 of the Code of Ordinances for the City of Albertville.
(c) 
After 90 days of the effective date of this article, the City Council may review this article to determine if changes to the Entertainment District and the regulations for the district should be made.
[Ord. No. 1807-22, 4-4-2022]
(a) 
Any on-premises retail alcohol beverage licensee located within the Entertainment District, herein "licensee," who satisfies all requirements of the Alabama Alcohol Beverage Control Board and the City of Albertville shall comply with all laws, rules and regulations which govern its license type. The exception is that a guest or member of that licensee may exit the licensed premises between the authorized hours as stated in § 3-10 with no more than two open containers of alcoholic beverage and consume that alcoholic beverage anywhere within the confines of the Entertainment District in which the alcoholic beverage was obtained, subject to the following regulations:
1. 
All alcoholic beverages shall be in a shatterproof container that has the designated color and/or the logo of the licensee.
2. 
No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size.
3. 
No licensee shall allow a patron, guest or member to exit its premises with more than two open containers of alcoholic beverages.
4. 
It shall be unlawful for any person to enter other licensed premises with open containers or closed containers of alcoholic beverages acquired elsewhere.
5. 
It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle or glass container or to possess any open can, bottle or glass container of alcoholic beverage on the streets, sidewalks, rights-of-way and parking lots located within the Entertainment District that are acquired outside the confines of the Entertainment District. No person shall be in possession of any alcoholic beverage container within the Entertainment District area that is not approved for use within the district.
6. 
(Reserved)
7. 
No person within the Entertainment District shall possess any open alcoholic beverage which was not purchased from an on-premises retail alcohol beverage licensee lawfully doing business within the district.
8. 
It shall be unlawful for a previously purchased container to be reused or to knowingly allow it to be reused for refilling with an alcoholic beverage.
9. 
No licensee shall allow alcoholic beverages to be removed from the licensed premises in other than approved containers (except with respect to sales for off-premises consumption pursuant to Code of Alabama 1975 § 28-3A-20.1 concerning removal of one resealed bottle of wine), or as otherwise permitted by Alabama law.
10. 
The City shall have the right to extend or reduce the days and the hours during which a patron, guest or member of a licensee may exit the licensed premises, which extension or reduction shall be determined by resolution for a specific event or date.
[Ord. No. 1807-22, 4-4-2022]
The Entertainment District shall not extend to, nor shall this article apply to, the interior of any automobile or other motor vehicle, any private property where alcoholic beverages are prohibited by the owner or proprietor of such property, and in any area that is being used for a special event and that is posted by the organizer of such special event with signage at each entrance or in conspicuous places that no alcoholic beverages are allowed in the area.
[Ord. No. 1807-22, 4-4-2022]
To the extent this article conflicts with prior ordinances of the City of Albertville prohibiting drinking in public places, the authority allowing conduct as prescribed by this article shall supersede any prior City ordinances.
[Ord. No. 1807-22, 4-4-2022]
Notwithstanding anything in this article to the contrary, at any time and from time to time, any entertainment district established by this article may be enlarged, reduced, modified or eliminated, in whole or part, and the regulations set forth in this article are subject to amendment or elimination. Nothing within this article is intended to confer any rights or entitlement to existing participants. Selling and/or consuming alcohol within a district is a privilege, not a right, and is subject at all times to reasonable regulation. The City Council reserves the right to modify or repeal this article, and any entertainment district designation created thereunder, at any time.
[Ord. No. 1807-22, 4-4-2022]
In the event the Entertainment District established by this article falls below the number of alcoholic beverage licensees required for the establishment of the district according to state law, then the City may amend this article to either eliminate the Entertainment District or modify the district so as to remain in compliance with state law, unless applicable state alcoholic beverage control laws allow for continuance of a once-established district regardless of the number of alcoholic beverage licensees remaining.
[Ord. No. 1807-22, 4-4-2022]
At any time the Chief of Police shall have the authority to temporarily close the Entertainment District, or portions of the district, which includes the authority to require persons to disperse from the area if the Chief of Police or his or her officers determine, by their sole discretion, that it is appropriate to do so in order to protect the public health, safety or general welfare. In such case, the Entertainment District shall remain closed until the Chief of Police allows the district to be reopened. The City shall not be responsible for any costs incurred by any person because of the closing.