Under the authority granted in section 28-3A-17.1 of the Code of Alabama 1975, the council hereby creates an Arts and Entertainment District, where outside consumption of alcoholic beverages shall be permitted and regulated; the boundaries of the Art and Entertainment District are described as follows:

Beginning at the intersection of Gordon Drive SE with 4 ^th Avenue SE, said intersection being the True Point of Beginning and shall be known as the Arts and Entertainment District; thence from the True Point of Beginning run in a northwesterly direction along the centerline of Gordon Drive SE to the centerline of 1 ^st Avenue SE; thence north along the centerline of 1 ^st Avenue SE to the intersection with Moulton Street East; thence west 90 feet to a point said point being in the center of Moulton Street East, thence north 180 feet to an unnamed alley that point being the NW corner of Morgan County Alabama Tax Parcel No. 03 04 18 4 036 007.000, thence east a distance of 90 feet to a point in the center of First AV NE, thence continue north along the centerline of 1 ^st Avenue NE a distance of 670 feet more or less to a point; thence in a northwesterly direction along the northerly ROW margin of an unnamed alley a distance of 525 feet more or less to a point; Said point being the SE corner of Morgan County Alabama Tax Parcel No. 03 04 18 4 029 002.000; thence N 42° 05' 18" E a distance of 155.13 feet to a point; thence in a northwesterly direction 100 feet from and parallel with Lee Street NE a distance of 200 feet more or less to a point; thence N 42° 05' 18" E a distance of 100 feet more or less to the south right of way line of Lee Street NE; thence in a northerly direction along said south right of way line of Lee Street NE to the point of intersection with the west ROW line of Bank Street NW; thence in a northeasterly direction along said west ROW line of Bank Street NW to the centerline of Cain Street NW; thence northwesterly along the centerline of Cain Street NW a distance of 115 feet to a point; thence in a northeasterly direction parallel and at a maximum of 115 feet from the west ROW line of Bank Street NW, a lesser distance shall be applied and adjusted to the back wall of existing buildings where applicable, said line shall extend to the centerline of Lafayette Street NW; thence in a northwesterly direction along the said centerline of Lafayette Street NW to the centerline of Railroad St. NW; thence in a northeasterly direction along said centerline of Railroad Street NW to centerline of Wilson Street NW; thence in a southeasterly direction along said centerline of Wilson Street NW to the centerline of Canal Street NE; thence in a southwesterly direction along said centerline of Canal Street NE to the north ROW line of Church Street NE; thence in a northwesterly direction along said north ROW line of Church Street NE a distance of 200 feet to a point on said north ROW line of Church Street NE; thence southeasterly a distance of 99 feet to a point on the south ROW line of Church Street NE, said point being S 47° 07' E 131 feet from the east ROW line of Bank Street NE, said point also being the NW corner of a public alley as shown on a subdivision plat Bank Street Plaza area, a plat of a portion of the Plan of Decatur (Old Town) Decatur Alabama recorded at Book 7, Pages 5 & 6 Morgan, County Probate Judges Office; thence in a southwesterly direction parallel and at maximum of 131 feet from the east ROW line of Bank Street NE, a lesser distance shall be applied and adjusted to the back wall of existing buildings where applicable, said line shall extend to the south ROW line of Vine Street NE; thence northwesterly along said south ROW line of Vine Street NE a distance of 15 feet more or less to a point; thence in a southwesterly direction parallel and at a maximum of 116 feet from the east ROW line of Bank Street NE, a lesser distance shall be applied and adjusted to the back wall of existing buildings where applicable, said line shall extend to the north ROW line of Lee Street NE; thence in a southeasterly direction along the north ROW line of said Lee Street NE to the east ROW line of 2 ^nd Avenue NE if extended; thence south along the east ROW line of 2 ^nd Avenue NE to the centerline of Holly Street NE; thence east along the centerline of Holly Street NE a distance of 570 feet more or less to a point; thence south 130 feet more or less to the centerline of an alley; thence east 310 feet more or less along said alley to the centerline of 4 ^th Avenue NE; thence south along 4 ^th Avenue NE to the centerline of East Moulton Street; thence continue south along the centerline of 4 ^th Avenue SE to the centerline of an alley if extended, said alley located 190 feet more or less, south of the centerline of Johnston Street SE; thence west along said alley 345 feet more or less to the east property line of a City of Decatur parking lot, Tax Parcel No. 03 04 19 1 009 012.000; thence south along said east line to the centerline of Grant Street SE; thence east along the centerline of said Grant Street SE a distance of 80 feet more or less to a point; thence south along the west line of Tax Parcel No. 03 04 19 1 012 002.000 to the centerline of an alley; thence east along centerline of said alley 125 feet more or less to a point; thence north along the east line of said parcel No. 03 04 19 1 012 002.000 to the centerline of Grant Street SE; thence east along the centerline of Grant Street SE to the centerline of 4 ^th Avenue SE; thence south along the centerline of 4 ^th Avenue SE to the centerline of Gordon Drive SE and the True Point of Beginning.

and

Beginning at a point located 65 feet more or less west of the centerline of the intersection of East Moulton Street and 1 ^st Avenue SE, said point being the True Point of Beginning of the tract of land to the addition of the City of Decatur, Alabama Arts and Entertainment District; thence from the said True Point of Beginning run in a southerly direction to the northwest corner of parcel no. 03 04 19 1 004 001.000 as described by map in the Morgan County Revenue Commissioner Office; thence south along the west property line of said parcel a distance of 140 feet more or less to the SW corner of said parcel; thence in an easterly direction to a point on the west Right-of-Way line of 1 ^st Avenue SE; thence south along said westerly Right-of-Way line of 1 ^st Avenue SE a distance of 535 feet more or less to the northeast corner of parcel no. 03 04 19 1 007002.000; thence west along the north property line of said parcel a distance of 173.29 feet to the northwest corner of said parcel; thence in a southeasterly direction along the easterly Right-of-Way line of the CSX Railroad to the southwest corner of parcel no. 03 04 19 1 015 001.000; thence in a northeasterly direction along the north Right-of-Way margin of 2 ^nd Street SE to the centerline of the Right-of-Way margin of 2 ^nd Street SE to the centerline of the Right-of-Way of Gordon Drive SE; thence in a northwesterly direction along said centerline to its intersection with the centerline of 1 ^st Avenue SE if extended; thence north along the centerline of 1 ^st Avenue SE to the intersection with the centerline of East Moulton Street; thence west a distance of 65 feet more or less to the True Point of Beginning.

and

Commencing at the southwest corner of Lot 2, Block 12 of Addition 3 of the Decatur Land Improvement Furnace Company to Decatur, Alabama, as shown by map or plat on file of record in Map Book 1 at Page 17 in the Office of the Judge of Probate of Morgan County, Alabama, said point being the true point of beginning, thence from the true point of beginning north 00 degrees 47 minutes 48 seconds east a distance of 299.80 feet to a capped iron pin on the south right-of-way margin of Johnston Street SW (80' ROW);thence south 89 degrees 14 minutes 16 seconds east along said south right-of-way a distance of 308.49 feet to a point; thence along a curve to the right having a radius of 19.00 feet,(chord bearing south 44 degrees 13 minutes 14 seconds east a chord distance of 26.88 feet) an arc distance of 29.86 feet to a mag nail; thence south 00 degrees 47 minutes 48 seconds west a distance of 280.91 feet to the southeast corner of Lot 26 of said Addition 3;thence north 89 degrees 12 minutes 56 seconds west a distance of 327.50 feet to the true point of beginning and containing 2.26 acres more or less.

(Ord. No. 13-4140A, 4-1-13; Ord. No. 13-4153, § 1, 8-5-13; Ord. No. 18-4313, § 1, 2-5-18; Ord. No. 18-4318, § 1, 7-2-18; Ord. No. 19-4360, § 1, 7-1-19)

As used in this article, unless the context clearly indicates otherwise the following terms shall mean:

(1)

Alcoholic beverages shall mean any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half (½) of one (1) percent or more of alcohol by volume, and shall include liquor, beer and wine, both fortified and table wine.

(2)

Public place shall mean and include any place or gathering which the public generally attends or is admitted to, either by invitation, common consent or right, or by the payment of an admission or other charge, and, without limiting the generality of the foregoing, shall include any store or place where merchandise of any kind is offered for sale, any theater or place of amusement, any athletic contest, city hall, library, school buildings, and auditoriums; provided, that such term shall not mean or include premises which have been duly licensed by the city for sale thereon of alcoholic beverages.

(Ord. No. 13-4140A, 4-1-13)

The following regulations shall be in effect in the Arts and Entertainment District:

(1)

One (1) drink on-street limit: Any establishment, within the boundaries of the Arts and Entertainment District, licensed to dispense alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic container, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one (1) such alcoholic beverage at a time for removal from the premises, and no person shall remove at one (1) time more than one (1) such alcoholic beverage from the licensed premises.

(2)

Beverages outside premises: Patrons, guests or members of licensed premises may exit the licensed premises with one (1) alcoholic beverage and consume with certain restrictions such alcoholic beverage anywhere within the confines of the Art and Entertainment District, but may not enter or re-enter a licensed premises or any public place with an alcoholic beverage acquired elsewhere.

(3)

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

(4)

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

(5)

Drinking from can, bottle, or glass is prohibited: It shall be unlawful for any person within the confines of the Arts and Entertainment 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 of Decatur.

(6)

Open container laws applicable: Open container laws of the State of Alabama and the City of Decatur 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 article.

(7)

Hours in effect: The above regulations notwithstanding no person shall be in possession of an alcoholic beverage in an above prescribed container dispensed by a duly licensed establishment within the Arts and Entertainment District boundaries between the hours of 1:00 a.m. to 4:00 p.m. on Monday through Thursday and between the hours of 1:00 a.m. to 12:00 p.m. (noon) on Friday, Saturday and Sunday. Hours may be extended on specific days with city council permission.

(Ord. No. 13-4140A, 4-1-13)