§ 10A-3. Rules and regulations.

The following regulations shall be in effect in the district:

(1)

Outside consumption of alcoholic beverages permitted—Conditions .

a.

Within the district, the Alabama Alcoholic Beverage Control Board may issue an entertainment district designation for any on-premises retail alcohol beverage license which allows the licensee to sell alcohol beverages for consumption on the licensed premises. Patrons may not exit licensed premises with more than one open container of alcoholic beverages. All alcoholic beverages sold for consumption outside the licensed premises shall be contained in a paper or plastic container that bears the commercially printed name and/or logo of the designated licensee, the event sponsor(s), Main Street Eufaula, Inc., the district or any combination of the above.

b.

No licensee shall allow a person to exit such licensed premises with more than one such open approved container and, and it shall be unlawful for any person to exit such licensed premises with more than one such open approved container.

c.

During special events. During special events the district or a portion thereof shall be open for public possession and consumption of alcoholic beverages anywhere within the confines of the district or a portion of the district as provided in the permit. Public possession and consumption of alcoholic beverages shall be allowed as provided herein on dates specified on an assembly permit lawfully issued by the city for events approved by Main Street Eufaula, Inc. A request for an assembly permit for events where public possession and consumption of alcohol within the district is to be considered must include all the information required by section 82-73 of the Eufaula Code of Ordinances and be submitted to Eufaula Main Street, Inc. for approval prior to consideration by the city. Eufaula Main Street, Inc. may establish a fee for review and processing applications for permits. Events that include such activities as the sale of alcoholic beverages outside of licensed premises, street closures, entertainment using amplified sound, or other regulated activities must comply with all laws, ordinances or regulations governing such activities. Applications for such assemblies or special events shall be forwarded by the city clerk to the chief of police, the fire chief, city planner or their respective designees for review prior to final approval by the city.

d.

Outdoor dining areas. The district shall be open for public possession and consumption of alcoholic beverages between the hours of 11:00 a.m. to 11:00 p.m. Monday through Saturday only in a licensee's outdoor dining areas that are situated on a sidewalk or other right-of-way where the licensee has a right-of-way use agreement with the City of Eufaula.

e.

City-sponsored opening of the district. At any time and from time to time the city may elect to sponsor the opening of all or a portion of the district.

(2)

Right to enter restricted . During any such special event, patrons or guests of a licensee with an entertainment district designation may exit that licensee's licensed premises with one open container of alcoholic beverage in an approved container and consume such alcoholic beverage anywhere within the confines of the district, but may not enter another licensed premises with an open container of alcoholic beverages acquired elsewhere.

(3)

All applicable laws in effect . A licensee who is within the district shall comply with all laws, rules and regulations which govern its license type.

(4)

Size limited to 16 ounces . No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall be in possession of any above prescribed alcoholic beverage container which exceeds 16 fluid ounces in size on the streets and sidewalks, in parks, or in other public places within the defined district.

(5)

Drinking from can, bottle, or glass is prohibited . It shall be unlawful for any person within the confines of the district to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private; other than as duly licensed by the State of Alabama and the city. It shall also be unlawful for any person within the confines of the district to drink or attempt to drink any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private from a container other than an approved container.

(6)

Open container laws applicable . Open container laws of the State of Alabama and the City of Eufaula still govern to the extent that the respective provisions are not strictly modified by either section 28-3A-17.1 of the Code of Alabama 1975, section 28-3A-20.1 of the Code of Alabama 1975 or the provisions of this chapter.

(7)

Hours for special events . Special events permitted within the district shall only be allowed between the hours of 11:00 a.m. to 11:00 p.m. Monday through Saturday.

(8)

Consumption of alcoholic beverages in a motor vehicle prohibited . It shall be unlawful for any person to consume any alcoholic beverages in a motor vehicle parked or in motion within the district, with the exception of a common carrier vehicle licensed by the board to serve alcoholic beverages.

(9)

Refill prohibited . It shall be unlawful for any person to refill a container from a licensed premises with alcoholic beverages not purchased at a licensed premises within the district. It shall be unlawful for any person to re-use or to knowingly allow the re-use of an approved container for an alcoholic beverage and nothing in this chapter shall be construed to authorize the same.

(10)

Alcoholic beverage from another licensed premises prohibited . It shall be unlawful for any person to enter a licensed premises with alcoholic beverages acquired at another licensed premises or outside the district.

(11)

Under-age drinking prohibited . Nothing in this chapter shall be construed to authorize any person to violate the state and city's laws against under-age drinking.

(12)

Churches and excluded areas . No church shall be considered part of the district. Any public building, facility, garage, or parking lot that is posted with signage at each entrance or in conspicuous places that no open containers of alcoholic beverages are allowed on the premises shall be excluded from the district. Property privately owned or controlled that is posted with signage at each entrance or in conspicuous places that no open containers of alcoholic beverages are allowed on the premises shall also be excluded.

(Ord. No. 2014-9 , § I, 8-11-2014; Ord. No. 2015-7 , 12-7-2015)