HomeMy WebLinkAboutO-1425ORDINANCE NO. 1425
AN ORDINANCE TO AMEND AND ADD TO CHAPTER 4
ALCOHOLIC BEVERAGES, ARTICLE I. IN GENERAL,
SECTION 4-2, RELATING TO HOURS OF SALE,
FAIRHOPE CODE OF ORDINANCES
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. The Code of Ordinances, City of Fairhope, Alabama, Chapter 4
Alcoholic Beverages, Article I, Section 4-2, is hereby amended to reflect
the following changes and additions:
Article I. — IN GENERAL
Section 4-2. Hours of Sale Regulated; Penalty.
(a) It shall be unlawful for any person holding a license issued by the state alcoholic
beverage control board or a license issued by the city for the purpose of selling
alcoholic beverages for consumption on premises and curtilage thereof, excluding
private clubs, to exchange, barter, give or sell any alcoholic beverages to the general
public during the following hours and days: Sunday through Wednesday from 12:00
a.m. (midnight) to 7:00 a.m.; and Thursday, Friday, and Saturday from 2:00 a.m. to
7:00 a.m.
(b) Upon conviction of violating this section, in addition to the penalty prescribed in
section 1-8, any license issued by the city shall be revoked instanter.
(c) Any individual, business and/or group who plan to host an event that is not on a
holiday as defined in this ordinance and that will not adhere to the rules and regulations
set forth in this ordinance shall be allowed to obtain two (2) special event permits each
year. Holidays, as defined in this section are: New Years Eve/New Year Day, Mardi
Gras (dates specific to each parading organization permitted by the City of Fairhope,
including Mardi Gras Day), St. Patrick's Day, Arts and Crafts (third weekend of March
each year, Friday and Saturday only), Cinco de Mayo, Halloween, Thanksgiving Day,
and the Fourth of July.
(d) The individual, business and/or group obtaining two (2) special event permits
must complete an application with specifics on the requested event and must have
written permission of two-thirds (2/3) of businesses/residents within three hundred
(300) feet of said event and one hundred (100) percent of the businesses/residents
within three hundred (300) feet of said event must be notified of the event. Application,
petition and/or written permission, and notifications must be submitted to the City of
Fairhope eight (8) weeks prior to the event.
(e) These two (2) special events will require review by the Chief of Police or his/her
designee to determine if security is to be provided. If it is determined that security is
needed, it must be provided thirty (30) minutes prior to the event and one hour after the
event ends.
Ordinance No. 1425
Page-2—
Section 2. The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall, be declared unconstitutional by a court of
competent jurisdiction, then such ruling shall not affect any other
paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Section 3. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 24TH DAY OF MAY, 2010
ATTEST:
Lisa A. anks, Cit Clerk
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