AN ORDINANCE TO ESTABLISH TWO ENTERTAINMENT DISTRICTS IN DOWNTOWN MOBILE. WHEREAS, the State of Alabama has passed into law Act No.

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1 AN ORDINANCE TO ESTABLISH TWO ENTERTAINMENT DISTRICTS IN DOWNTOWN MOBILE 2013 Sponsored by Mr. Carroll. WHEREAS, the State of Alabama has passed into law Act No , hereinafter referred to as "the Act." WHEREAS, the Act allows the Council to establish not more than two districts within the corporate limits of the City of Mobile in which, subject to the restrictions set forth in this Ordinance, (a) patrons, guests and members of designated retail alcoholic beverage licensees may exit the licensee's premises with open containers of alcoholic beverages and (b) consumption of alcoholic beverages obtained from a designated licensee shall be permitted anywhere within the confines of the districts. WHEREAS, the Council has considered the merits of establishing such districts and believes they will benefit the downtown area of the City. WHEREAS, the Council finds that other cities, both within and without the State of Alabama, have had success with such districts, and believes that it is in the best interest of the City to provide for the creation of such districts as provided in this Ordinance. WHEREAS, in accordance with and subject to the terms and limitations of the Act and this Ordinance, the City of Mobile desires to establish two districts in the downtown area of the City. WHEREAS, because the downtown area of the City consists of properties devoted to business, residential and entertainment uses, the Council finds that it is prudent to proceed deliberately and cautiously in order to determine what impact, if any,

2 the creation and operation of these districts will have on business and residential properties. WHEREAS, for this reason, the Council will include a sunset provision in this Ordinance in order to allow a reassessment of the merits, costs, and benefits of these districts and their impact on surrounding business and residential properties. WHEREAS, to further protect the interest of business and residential property owners in the downtown area of the City, the City of Mobile desires to adopt more specific regulation of noise in the districts, to establish enhanced penalties for underage drinking in the districts, and to adopt regulations relating to keeping the sidewalks and public ways in the districts free of litter and trash. WHEREAS, nothing in this Ordinance is intended to confer any right or entitlement to sell or otherwise deal in alcoholic beverages, and selling or otherwise dealing in alcohol beverages within the City or any designated district thereof is a privilege, not a right, and is subject at all times to reasonable regulation. WHEREAS, the Council reserves the right to modify or repeal this Ordinance, and any district created hereunder, at any time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows: SECTION 1. Definitions. (1). Act: State of Alabama Act No (2). Alcohol; Alcoholic Beverage: Any beverage which contains alcohol in any quantity or percentage, including but not limited to distilled spirits, liquor, beer and other 2

3 malt beverages, wine, fortified wine, and any other form of alcoholic beverage as defined by Alabama law. (3). City of Mobile; City: The City of mobile, a municipal corporation of the State of Alabama. (4). Council: The City Council of the City of Mobile. (5). Designated licensee: A retail alcoholic beverage licensee under the provisions of Chapter 3A of Title 28 of the Code of Alabama 1975, and the regulations made thereunder which are not in conflict with the provisions of the Act, that has received an entertainment district designation from the Alabama Alcoholic Beverage Control Board. (6). District: An entertainment district as provided in the Act. (7). Licensed Premises: One physically identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name and ownership where alcoholic beverages are sold or otherwise dispensed to the public, such premises to be within the confines of the licensed building structure; provided, however, that any sidewalk café shall be considered licensed premises for the purpose of serving alcoholic beverages from a bar or other dispensing facility located within the confines of the building structure. (8). Sale by the drink for consumption on the premises: The sale or dispensing of alcoholic beverages by the drink or in broken packages for consumption on the licensed premises. 3

4 (9). Sale by package: The sale or dispensing of alcoholic beverages in unbroken original containers for the consumption in a location other than the licensed premises. (10). Sidewalk café: Any outside patio area adjacent to the licensed premises of a designated licensee that is located on private property owned by the designated licensee or on public property that the City has approved for use by a designated licensee holding a Restaurant Retail Liquor license issued by the Alabama Alcoholic Beverage Control Board. SECTION 2. Creation and Establishment of Districts. Under the authority granted in Section 3 of the Act, the City Council does hereby create and establish two districts in downtown Mobile with the areas and boundaries as set forth and designated on the Map which is attached hereto as Exhibit 1 and incorporated herein. [Include hotels on south side of Government Street] SECTION 3. Outside Consumption of Alcoholic Beverages Permitted; Conditions. Any patron, guest or member of a designated licensee may be permitted to exit the licensed premises of such designated licensee with an alcoholic beverage in an open container and consume such alcoholic beverage anywhere within the confines of the district in which the alcoholic beverage was obtained, subject to the following regulations: (1). No person shall be allowed to exit the licensed premises of any designated licensee with more than one alcoholic beverage and it shall be unlawful for any person to exit such licensed premises with more than one alcoholic beverages; (2). A designated licensee shall allow alcoholic beverages to be removed from the licensed premises only in a paper or plastic cup bearing the commercially printed 4

5 name and/or logo of the designated licensee, or in a paper or plastic cup bearing the "LODA" logo obtained from Main Street Mobile, and no such alcoholic beverages shall be removed from the licensed premises in a can, bottle, or glass container; (3). No person shall drink or attempt to drink any alcoholic beverage from a can, bottle, or glass container, or possess any alcoholic beverage in an open can, bottle, or glass container, on the streets, sidewalks, rights-of-way, or parking lots located within any district except where any such location has been approved as a sidewalk café; (4). No container in which an alcoholic beverage is dispensed and removed from a licensed premises shall exceed 16 fluid ounces in size; (5). No person shall possess on the streets, sidewalks, rights-of-way, parking lots, or outdoor public areas located within any district any open alcoholic beverage container which exceeds 16 fluid ounces in size. SECTION 4. Entry into another Licensed Premises Prohibited. No person shall be allowed to enter a licensed premises with open containers or closed containers of alcoholic beverages acquired elsewhere. SECTION 5. Sale Outside Licensed Premises Prohibited. No person shall sell alcoholic beverages on the streets, sidewalks, or any other area outside of the licensed premises, or through any window, door or opening to a street, sidewalk, or any other area outside the licensed premises, except during Mardi Gras, Bay Fest or any other event issued a permit by the City of Mobile. Businesses with licenses to dispense alcoholic beverages by the drink for consumption on the licensed premises may serve such beverages only within the confines of the licensed premises. 5

6 SECTION 6. Consumption of Alcoholic Beverages in a Motor Vehicle Prohibited. It shall be unlawful for any person to consume any alcoholic beverage while in the confines of a motor vehicle while the motor vehicle is located upon any public street, parking lot or other place to which the public has or is permitted to have access within any district., (1). Exceptions: (a). A passenger in a motor vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid license for the operation of a vehicle for hire; (b). A passenger of a bus in which the driver holds a valid operator's license; and, (c). A passenger in a self-contained motor home which is in excess of 21 feet in length. SECTION 7. Alcoholic Beverages Purchased Outside the Entertainment District Not Allowed in Open Containers in District. Except for special events as permitted by the Alabama Alcoholic Beverage Control Board and in compliance with all laws, rules, and regulations, no alcoholic beverages purchased outside of any district shall be allowed in open containers in any district. SECTION 8. Noise Control. Persons and establishments within either district are prohibited from originating noises between 12:00 PM and 7 AM that are audible within neighboring structures with all windows and doors closed; provided, however, that the following sources of noise are exempted from the above restrictions: (1). Noises originated by emergency services and the activities of the City of Mobile and its subcontractors. 6

7 (2). Outdoor events issued a permit by the City of Mobile. SECTION 9. Enhanced Penalties for Consumption of Alcoholic Beverages by Minors in District. Any minor convicted of violating City of Mobile Ordinance Section in any district created under this Ordinance shall be punished by a minimum fine of $ SECTION 10. Litter and Trash. All licensed premises and the adjacent sidewalks and public ways shall be kept clean and free of litter or trash. SECTION 11. Effect on other Laws. Nothing in this Ordinance shall be construed to abrogate or supersede any applicable state law, city ordinance, rule or regulation that grants rights in addition to those provided in this Ordinance, including, without limitation, any regulation of the Alabama Alcoholic Beverage Control Board that permits sale by package. SECTION 11. Effective Date, Sunset, and Extension. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law; provided, however, that the requirement that all paper or plastic cups bear the logo of the designated licensee shall not become effective until March 1, This Ordinance expires on, unless sooner terminated or extended by Ordinance duly adopted by the Council. APPROVED: CITY CLERK