For the purpose of this article the following definitions, terms, and their application shall be used and applied.

Alcoholic beverages are as defined by the state alcoholic beverage control laws.

Brewery means any premises licensed by the city to engage in the distillation, production, fermenting, brewing, rectifying or otherwise in the manufacture of only beer, or malt or brewed alcoholic beverages as well as engaging in the receiving, storage, or warehousing only of beer, or malt or brewed beverages within the city for transshipment inside and outside the state.

Brewpub means an establishment licensed as and meeting the qualifications of a brewpub under the state alcoholic beverage control laws, including Code of Ala. 1975, Title 28, Chapter 4A, as such may be amended or superseded from time to time.

Brewpub areas means suitable locations that meet the qualifications of the location of a brewpub under the state alcoholic beverage control laws, including Code of Ala. 1975, Title 28, Chapter 4A, as such may be amended or superseded from time to time, and that fall within the appropriate zoning districts. The physical boundaries of the brewpub areas are as delineated in section 75.6 herein.

Church means a tax-exempt place of worship set apart primarily for religious purposes and in which religious services are routinely and customarily held and with which a clergyman is associated.

Class I club liquor retailer means an establishment licensed as and meeting the qualifications of a club liquor retail class I licensee under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-12 which qualifications include but are not necessarily limited to the requirements that there be at least 150 paid-up members and that the club provide special space and accommodations where, in consideration of payment, food with or without lodging is habitually served.

Class II club liquor retailer means an establishment licensed as and meeting the qualifications of a club liquor retail class II licensee under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-12, which qualifications include but are not necessarily limited to the requirement that there be at least 100 paid-up members.

Class I lounge liquor retailer means an establishment licensed as and meeting the qualifications of a lounge retail liquor class I licensee under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-11, and section 20-X-5-.04 of the regulations of the Alabama Alcoholic Beverage Control Board, as such may be amended or superseded from time to time.

Class II lounge liquor retailer means an establishment licensed as and meeting the qualifications of a lounge retail liquor class II licensee under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-11, and section 20-X-5-.04 of the regulations of the Alabama Alcoholic Beverage Control Board, as such may be amended or superseded from time to time.

Child care center means a facility licensed by the Alabama Department of Human Resources that provides for the care of 13 or more children.

Convenience store means a small scale retail store that offers for sale a limited line of groceries and household items and may also sell gasoline.

Dinner theater means a restaurant with live theatrical performances.

Entertainment means live entertainment or dancing including cabarets, concerts, live bands, ballrooms, dance halls, comedy clubs, karaoke, theaters, disc jockeys, or other similar live performance venues.

Expressway means a multi-lane divided highway for through traffic with full control of access and with grade separations at street intersections.

Food court means a common space adjacent to food vendors within an enclosed shopping mall designed and furnished for the convenience of diners.

Food service shall mean the same as a restaurant.

Hotel means a building or buildings held out to the public for housing accommodations of travelers or transients, and shall include motel and bed and breakfast, but shall not include a rooming house or boarding house.

Importer means an establishment licensed as and meeting the qualifications of an importer of alcoholic beverages under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-7.

Manufacturer means an establishment licensed as and meeting the qualifications of a manufacturer of alcoholic beverages under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-6.

Maximum occupancy means the establishment's occupancy rating set in accordance with the applicable provisions of the city's fire code.

Meal means a diversified selection of food some of which is not susceptible of being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about.

Nursery school means a school designed to provide daytime care or instruction for two or more children from two to five years of age.

On/off-premises beer retailer means an establishment licensed as and meeting the qualifications of a retail beer licensee for on-premises and off-premises consumption under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-16; provided, however, where the off-premises sales of beer are more than 25 percent of the total combined on and off-premises sales of beer, then the establishment shall be regulated for purposes of this article as an off-premises beer retailer.

On/off-premises beer/table wine retailer means an establishment licensed as and meeting the qualifications of a on/off-premises beer or an on/off-premises table wine retailer, or both; provided, however, where the off-premises sales of beer and/or table wine are more than 25 percent of the total combined on and off-premises sales of beer and/or table wine, then the establishment shall be regulated for purposes of this article as an off-premises beer/table wine retailer.

On/off-premises table wine retailer means an establishment licensed as and meeting the qualifications of a retail table wine licensee for on-premises and off-premises consumption under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-14; provided, however, where the off-premises sales of table wine are more than 25 percent of the total combined on and off-premises sales of table wine, then the establishment shall be regulated for purposes of this article as an off-premises table wine retailer.

Off-premises beer retailer means an establishment licensed as and meeting the qualifications of a retail beer licensee for off-premises consumption under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-17. Entertainment shall not be allowed or included in such retailer.

Off-premises beer/table wine retailer means an establishment licensed as and meeting the qualifications of an off-premises beer retailer or an off-premises table wine retailer, or both. The term does not include establishments licensed to sell liquor, as that term is defined by the state alcoholic beverage control laws, for on or off-premises consumption. Entertainment shall not be allowed or included in such retailer.

Off-premises table wine retailer means an establishment licensed as and meeting the qualifications of a retail table wine licensee for off-premises consumption under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-15. Entertainment shall not be allowed or included in such retailer.

Package sales means the off-premises sale of liquor, as liquor is defined by the alcoholic beverage control laws of the state.

Package sales establishment means an establishment licensed to sell liquor, as liquor is defined by the state alcoholic beverage control laws, at retail for off-premises consumption, whether or not the establishment is also licensed to sell liquor at retail for on-premises consumption, including a class I club liquor retailer, a class II club liquor retailer, a class I lounge liquor retailer, and a class II lounge liquor retailer, and which establishment actually sells, intends to sell, or holds itself out as selling liquor for off-premises consumption. The term shall also mean and include state stores of the Alabama Alcoholic Beverage Control Board.

Protected uses include and are limited to churches, schools, nursery schools, and child care centers, provided such uses were established prior to the establishment of the licensed retailer and such protected uses have not been abandoned or discontinued for a period of six months or more and further provided that the protected use is not separated from the retailer by an expressway or an interstate highway.

Restaurant means an establishment that meets the definition and qualifications of the state alcoholic beverage control laws, including the Code of Ala. 1975, § 28-3-1, and section 20-X-5-.05 of the Regulations of the Alabama Alcoholic Beverage Control Board, as such may be amended or superseded from time to time, including the requirement that the establishment be habitually and principally used for the purpose of preparing and serving meals for the public to consume on the premises. In addition, the licensee shall maintain gross retail sales of meals prepared and served on the licensed premises in excess of 50 percent of its total gross sales.

Restaurant liquor retailer means an establishment, including restaurants, hotels, dinner theaters, and civic center authorities, licensed as and meeting the qualifications of a restaurant retail liquor licensee under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-13, and section 20-X-5-.05 of the Alabama Alcoholic Beverage Control Board, as such may be amended or superseded from time to time.

Retailer means an establishment licensed to sell alcoholic beverages at retail.

Retailer's premises means the licensed premises and any adjoining parking areas used or available for parking whether such areas are owned, leased, or otherwise assigned to the retailer.

School means places used for the imparting of instruction to children in grades K-12, when provided by a public, private, denominational, and parochial school. The term does not include proprietary trade or occupational schools.

Special events retailer means an event licensed as and meeting the qualifications of a special events retail licensee under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-20.

Special retailer means an organization licensed as and meeting the qualifications of a special retail licensee under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-19.

Specialty store means a store, including a grocery store, convenience store, gift shop, drug store, and general merchandise store, specializing primarily in the sale of goods, including groceries, gasoline, sundries, household items, notions and dry goods. The specialty store may include the off-premises sale of beer and table wine by an off-premises beer/table wine retailer; provided, however, at least 50 percent of the store's gross retail sales must be derived from the sale of goods other than alcoholic beverages in order to qualify as a specialty store.

State alcoholic beverage control laws mean the alcoholic beverage control laws of state and the regulations promulgated thereunder by the Alabama Alcoholic Beverage Control Board, as such laws may be amended or superseded from time to time.

Warehouse means an establishment licensed as and meeting the qualifications of a warehouse under the state alcoholic beverage control laws, including the Code of Ala. 1975, § 28-3A-10.

Wholesaler means an establishment licensed as and meeting the qualifications of a wholesaler of alcoholic beverages under the state alcoholic beverage control laws, including the Code of Ala. 1975, §§ 28-3-1 and 28-3A-8 (liquor wholesalers) and 28-3A-9 (beer and table wine wholesalers).

(Ord. No. 11-11, § 1, 2-24-2011; Ord. No. 13-247, § 1, 5-23-2013)

Where this article establishes separations between the retailer's premises and protected uses, residential districts, or other retailer's premises, the distance shall be measured from the external boundary of the retailer's premises to the external boundary of the protected use, the residential district, or the other retailer's premises, as the case may be, except in the case of off-premises-only retailers, including package sales establishments, in which case the distance shall be measured from the public entrance(s) of such retailers.

(Ord. No. 11-11, § 1, 2-24-2011; Ord. No. 18-892, § 1, 11-15-2018)

The following establishments, engaged in the sale and service of alcoholic beverages, and no other, shall be permitted in the districts hereinafter set forth:

75.3.1. Neighborhood Business C-1, Neighborhood Business C-2, Village Business C-6 and Research Park 2 Districts.

Restaurant liquor retailers, excluding hotels and civic center authorities licensed as a restaurant liquor retailer, and on/off-premises beer/table wine retailers with food service (all without entertainment) — provided that such uses shall be subject to each of the following restrictions:

1)

No alcoholic beverages shall be served, offered, dispensed, sold, or consumed between the hours of midnight and 2:00 a.m. unless a special exception has been granted in accordance with section 92.5—Powers and Duties, and further provided, the provisions of section 74.4—Non-Conforming Uses of Structures shall not operate to allow existing establishments to function contrary to this provision;

2)

There shall be no private sidewalk or patio seating unless a special exception has been granted in accordance with section 92.5—Powers and Duties; and

3)

No alcoholic beverages shall be sold by any restaurant or food vendor located in or adjacent to a food court.

Off-premises beer/table wine retailers operating as a specialty store provided that such retailers are not located within 500 feet of any protected use, unless a special exception has been granted in the case of churches in accordance with section 92.5—Powers and Duties.

Permitted uses as special exceptions as defined and regulated by section 92.5—Powers and Duties hereof.

(Ord. No. 15-760, § 2, 11-19-2015; Ord. No. 16-89, § 1, 3-24-2016; Ord. No. 18-230, § 2, 5-24-2018)

75.3.2. General business C-3 district.

Banquet halls.

Restaurant liquor retailers, class I club liquor retailers without package sales, and on/off-premises beer/table wine retailers with food service (all with or without entertainment).

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all without entertainment).

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all with entertainment) - provided that such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district except where the retailer's premises is separated from said residential district by an expressway or an interstate highway; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restrictions shall not apply where the retailer's premises and the protected use front on different streets and do not have common exits or driveways providing access or adjoining property lines; and

(4)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area.

Off-premises beer/table wine retailers - provided such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district, provided, however, the aforesaid distance restriction shall not apply in the case of specialty stores; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use unless a special exception has been granted in the case of churches in accordance with section 92.5 - powers and duties, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area.

Permitted uses as special exceptions as defined and regulated by section 92.5 - powers and duties hereof.

75.3.3. Highway business C-4 district.

Banquet halls.

Restaurant liquor retailers, class I club liquor retailers without package sales, and on/off-premises beer/table wine Retailers with food service (all with or without entertainment) - provided that no alcoholic beverages shall be sold by any restaurant or food vendor located in or adjacent to a food court.

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all without entertainment). Such retailer's premises shall not be located within 1,500 feet of the retailer's premises of a package sales establishment.

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all with entertainment)—provided that such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district except where the retailer's premises is separated from said residential district by an expressway or an interstate highway; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed shopping center with a minimum of 100,000 square feet of floor area; and

(4)

Such retailer's premises shall not be located within 1,000 feet of other such retailer's premises; and

(5)

Such retailer's premises shall not be located within 1,500 feet of the retailer's premises of a package sales establishment.

Off-premises beer/table wine retailers - provided that such uses such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district; provided, however, the aforesaid distance restriction shall not apply in the case of specialty stores; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use unless a special exception has been granted in the case of churches in accordance with section 92.5 - powers and duties, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area.

Package sales establishments - provided that such use shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall have frontage on a major arterial street; and

(2)

Such retailer's premises shall not be located within 500 feet of a residential district; and

(3)

Such retailer's premises shall not be located within 500 feet of a protected use, except a package sales establishment may be located within 500 feet of accessory child care centers located in office buildings; and

(4)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area; and

(5)

Such retailer's premises shall not be located within 1,000 feet of the retailer's premises of a class I lounge liquor retailer, a class II club liquor retailer, or an on/off-premises beer/table wine retailer (all with or without entertainment); and

(6)

Such retailer's premises shall not be located within 1,500 feet of the retailer's premises of another package sales establishment.

Permitted uses as special exceptions as defined and regulated by section 92.5 - powers and duties hereof.

75.3.4. Commercial recreation C-5 and commercial industrial park districts.

Banquet halls.

Restaurant liquor retailers, class I club liquor retailers without package sales, and on/off-premises beer/table wine retailers with food service (all with or without entertainment) - provided that no alcoholic beverages shall be sold by any restaurant or food vendor located in or adjacent to a food court.

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all without entertainment).

Off-premises beer/table wine retailers - provided that such uses such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district; provided, however, the aforesaid distance restriction shall not apply in the case of specialty stores; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use unless a special exception has been granted in the case of churches in accordance with section 92.5 - powers and duties, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area.

Warehouse, in commercial industrial park districts only.

Permitted uses as special exceptions as defined and regulated by section 92.5 - powers and duties hereof.

75.3.5. Light industry, research park commercial and airport commercial districts.

Banquet halls.

Restaurant liquor retailers, class I club liquor retailers without package sales, and on/off-premises beer/table wine retailers with food service (all with or without entertainment) - provided that no alcoholic beverages shall be sold by any restaurant or food vendor located in or adjacent to a food court.

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all without entertainment).

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all with entertainment)—provided that such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district; provided, however, the aforesaid distance restriction shall not apply in the case of specialty stores; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use unless a special exception has been granted in the case of churches in accordance with section 92.5 - powers and duties, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of one hundred thousand (100,000) square feet of floor area.

Warehouse, in light industry and airport commercial districts only.

Permitted uses as special exceptions as defined and regulated by section 92.5 - powers and duties hereof.

75.3.6 Heavy industry district.

Banquet halls.

Restaurant liquor retailers, class I club liquor retailers without package sales, and on/off-premises beer/table wine retailers with food service (all with or without entertainment) - provided that no alcoholic beverages shall be sold by any restaurant or food vendor located in or adjacent to a food court.

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all without entertainment).

Class I lounge liquor retailers without package sales, class II club liquor retailers without package sales, and on/off-premises beer/table wine retailers (all with entertainment)—provided that such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district except where the retailer's premises is separated from said residential district by an expressway or an interstate highway; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area; and

(4)

Such retailer's premises shall not be located within 1,000 feet of other such retailer's premises.

Off-premises beer/table wine retailers - provided that such uses such uses shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district; provided, however, the aforesaid distance restriction shall not apply in the case of specialty stores; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use unless a special exception has been granted in the case of churches in accordance with Section 92.5—Powers and Duties, except such retailer's premises may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area.

Package sales establishments—provided that such use shall be subject to each of the following restrictions:

(1)

Such retailer's premises shall not be located within 500 feet of a residential district; and

(2)

Such retailer's premises shall not be located within 500 feet of a protected use, except a package sales establishment may be located within 500 feet of accessory child care centers located in office buildings; and

(3)

The aforesaid distance restriction relative to protected uses shall not apply where said retailer's premises is located in an enclosed mall shopping center with a minimum of 100,000 square feet of floor area.

Warehouse.

Permitted uses as special exceptions as defined and regulated by Section 92.5—Powers and Duties Hereof.

75.3.7 Village Business C-6 District.

Restaurant liquor retailers, excluding hotels and civic center authorities licensed as a restaurant liquor retailer, and on/off-premises beer/table wine retailers with food service(all without entertainment)—provided that such uses shall be subject to each of the following restrictions:

(1)

No alcoholic beverages shall be served, offered, dispensed, sold, or consumed between the hours of midnight and 2:00 a.m. unless a special exception has been granted in accordance with Section 92.5—Powers and Duties, and further provided, the provisions of Section 74.4—Non-Conforming Uses of Structures shall not operate to allow existing establishments to function contrary to this provision; and

(2)

There shall be no private sidewalk or patio seating unless a special exception has been granted in accordance with Section 92.5—Powers and Duties; and

(3)

No alcoholic beverages shall be sold by any restaurant or food vendor located in or adjacent to a food court.

Off-premises beer/table wine retailers operating as a specialty store provided that such retailers are not located within 500 feet of any protected use, unless a special exception has been granted in the case of churches in accordance with Section 92.5—Powers and Duties.

Permitted uses as special exceptions, as defined and regulated by Section 92.5—Powers and Duties hereof.

(Ord. No. 11-11, § 1, 2-24-2011; Ord. No. 11-895, § 1, 1-26-2012; Ord. No. 13-247, § 2, 5-23-2013; Ord. No. 15-315, § 2, 6-25-2015; Ord. No. 16-89, § 1, 3-24-2016; Ord. No. 15-677, § 2, 10-22-2015; Ord. No. 22-237, § 1, 5-26-2022)

75.4.1. Tastings: Wine tastings and beer tastings shall be allowed as accessory uses to those primary permitted retailers that are authorized by state alcoholic beverage control laws to conduct such tastings, provided that said retailers shall at all times comply with state laws regulating wine and beer tastings.

75.4.2. Special retailers:

(1)

For the purposes of this section the following words, terms, and phrases shall have the following meanings:

Banquet hall means an organization whose primary use of its premises is not the sale of alcoholic beverages but is to provide facilities, which may include services and staffing, for private-only gatherings or events; provided that no person connected with the banquet hall, which includes its owner, officer, director, member, landlord, manager, servant, agent, or employee, or those that otherwise have a controlling or pecuniary interest in the premises or the establishment, shall sponsor, conduct, organize, or host gatherings or events at the banquet hall.

Cultural venue means an organization whose primary use of its premises is not for the sale of alcoholic beverages but is to hold or sponsor: (1) live performances of serious artistic merit, such as theatrical plays, dramatic readings, operas, concerts, dances, ballets, or dramatic performances; or (2) showings of representational or visual works of serious artistic merit, such as paintings, sculptures, and photographs; or other activities of serious artistic, literary, or cultural merit.

(2)

Special retailers shall be allowed only as accessory uses to those primary permitted uses that include state parks, racing commissions, fair authorities, airport authorities, civic center authorities, museums, and other such organizations created by state or local governments; and shall include the franchises or concessionaires thereof.

(3)

Special retailers shall be allowed only by special exception as accessory uses to banquet halls or cultural venues.

(Ord. No. 11-11, § 1, 2-24-2011; Ord. No. 11-895, § 1, 1-26-2012)

Special events retailers shall be permitted as a special exception in all residential districts provided that, in addition to any appropriate conditions and safeguards that may be imposed in the granting of the special exception in accordance with Section 92.5—Powers and Duties:

(1)

The applicant for licensure is a tax-exempt, non- profit organization; and

(2)

The applicant has not applied for or sponsored, either solely or jointly, more than four special events in a given calendar year; and

(3)

The applicant certifies under oath that substantially all of the net proceeds will be used for non-profit purposes; and

(4)

No other retailer shall sponsor or otherwise receive any form of remuneration from the event.

Special events retailers shall be allowed as a permitted use in all non-residential districts.

(Ord. No. 11-11, § 1, 2-24-2011)

The following description represents the established boundary of the brewpub areas:

All that part of Sections 13, 23, 24, 25, 26, 28, 33, 34, 35 and 36, Township 03 South, Range 01 West and all that part of Sections 01, 02, 03, 11, 12, 13 and 14, Township 04 South, Range 01 West of the Huntsville Meridian in the City of Huntsville, Madison County, Alabama; more particularly described as beginning at a point located at the Southwest Corner of Section 13, Township 03 South, Range 01 West of the Huntsville Meridian; thence from the Point of Beginning, North along the West Boundary of said Section 13, a distance of 12 feet to the centerline of Mastin Lake Road; thence East along the centerline of Mastin Lake Road, a distance of 1698 feet; thence Due South, a distance of 148 feet; thence South 86 Degrees East, a distance of 111 feet; thence South 35 Degrees East, a distance of 403 feet; thence South 25 Degrees 30 Minutes West, a distance of 824 feet; thence South 23 Degrees West, a distance of 565 feet, thence South 17 Degrees 35 Minutes West, a distance of 595 feet; thence South 87 Degrees East, a distance of 115 feet to the centerline of Normal Branch; thence in a Southerly direction along the centerline of Normal Branch, a distance of 1120 feet to a point located in the centerline of US 72 East Highway; thence West along the centerline of US 72 East Highway, a distance of 410 feet; thence South 01 Degree West, a distance of 389 feet; thence South 87 Degrees East, a distance of 53 feet; thence South 16 Degrees 45 Minutes West, a distance of 1499 feet to the centerline of Normal Branch; thence Southwesterly along the centerline of Normal Branch, a distance of 251 feet; thence South 88 Degrees West, a distance of 420 feet to a point located on the West Boundary of Section 25, Township 03 South, Range 01 West of the Huntsville Meridian; thence North 88 Degrees 35 Minutes West, a distance of 683 feet; thence South 30 Degrees 40 Minutes West, a distance of 1356 feet to the centerline of a tributary; thence Southeasterly along the centerline of said tributary, a distance of 1560 feet to a point on the North right-of-way of Oakwood Avenue; thence South 44 Degrees East, a distance of 36 feet to the centerline of Oakwood Avenue; thence East along the centerline of Oakwood Avenue, a distance of 477 feet to the centerline of Pinhook Creek; thence in a Southerly direction along the centerline of Pinhook Creek, a distance of 138 feet; thence South 88 Degrees 30 Minutes East, a distance of 792 feet; thence Due South, a distance of 115 feet; thence South 89 Degrees East, a distance of 944 feet to the centerline of Kildare Street; thence North along the centerline of Kildare Street, a distance of 246 feet to the centerline of Oakwood Avenue; thence East along the centerline of Oakwood Avenue, a distance of 1486 feet to the centerline of the Norfolk Southern Railroad; thence South along the centerline of the Norfolk Southern Railroad, a distance of 40 feet; thence North 88 Degrees West, a distance of 27 feet; thence South 24 Degrees West, a distance of 1056 feet; thence North 66 Degrees 30 Minutes West, a distance of 828 feet to the centerline of Meridian Street; thence South along the centerline of Meridian Street, a distance of 1932 feet to the centerline of Dallas Branch; thence West along the centerline of Dallas Branch, a distance of 559 feet; thence North 11 Degrees East, a distance of 834 feet; thence North 87 Degrees West, a distance of 293 feet; thence North 07 Degrees East, a distance of 11 feet; thence North 88 Degrees 30 Minutes West, a distance of 959 feet to the centerline of Pinhook Creek; thence North along the centerline of Pinhook Creek, a distance of 416 feet; thence North 89 Degrees West, a distance of 574 feet; thence South 16 Degrees 20 Minutes West, a distance of 1401 feet; thence South 15 Degrees 15 Minutes East, a distance of 446 feet; thence South 88 Degrees East, a distance of 136 feet; thence South 02 Degrees West, a distance of 34 feet; thence South 89 Degrees 20 Minutes East, a distance of 622 feet to a point located on the East Boundary of Section 35, Township 03 South, Range 01 West; thence South along said Eastern Section Boundary, a distance of 356 feet to the centerline of Pratt Avenue; thence East along the centerline of Pratt Avenue, a distance of 1858 feet to the intersection of Pratt Avenue and Meridian Street; thence Southerly along the centerline of Meridian Street, a distance of 1019 feet; thence North 56 Degrees 50 Minutes East, a distance of 874 feet to the intersection of Howe Avenue and Dallas Street; thence Southeasterly along the centerline of Dallas Street, a distance of 239 feet; thence South 58 Degrees West, a distance of 126 feet; thence North 33 Degrees West, a distance of 54 feet; thence South 58 Degrees West, a distance of 105 feet; thence North 33 Degrees West, a distance of 62 feet; thence South 59 Degrees West, a distance of 104 feet; thence South 36 Degrees East, a distance of 21 feet; thence South 55 Degrees West, a distance of 282 feet; thence South 32 Degrees 15 Minutes East, a distance of 449 feet; thence South 55 Degrees 40 Minutes West, a distance of 159 feet; thence South 33 Degrees East, a distance of 42 feet; thence South 58 Degrees 20 Minutes West, a distance of 150 feet; thence South 33 Degrees 40 Minutes East, a distance of 504 feet; thence North 34 Degrees East, a distance of 20 feet to the centerline of Lincoln Street; thence Southeast along the centerline of Lincoln Street, a distance of 808 feet to the intersection of Lincoln Street and Randolph Avenue; thence Southwesterly along the centerline of Randolph Avenue, a distance of 203 feet; thence South 33 Degrees 20 Minutes East, a distance of 366 feet to the centerline of Eustis Avenue; thence Southwesterly along the centerline of Eustis Avenue, a distance of 389 feet; thence South 33 Degrees East, a distance of 365 feet to the centerline of Gates Avenue; thence Southwesterly along the centerline of Gates Avenue, a distance of 350 feet; thence South 31 Degrees 50 Minutes East, a distance of 594 feet; thence North 59 Degrees East, a distance of 26 feet; thence South 31 Degrees 20 Minutes East, a distance of 1364 feet to the centerline of Fagan Creek; thence Westerly along the centerline of Fagan Creek, a distance of 761 feet to the intersection of Fagan Creek and the centerline of Gallatin Street; thence Southeasterly along the centerline of Gallatin Street, a distance of 738 feet to the intersection of Gallatin Street and Saint Clair Avenue; thence Westerly along the centerline of Saint Clair Avenue, a distance of 1079 feet; thence Due North, a distance of 113 feet; thence Due East, a distance of 24 feet; thence Due North, a distance of 96 feet; thence South 89 Degrees East, a distance of 5 feet; thence Due North, a distance of 246 feet; thence South 88 Degrees West, a distance of 95 feet; thence North 01 Degree 50 Minutes West, a distance of 326 feet to the centerline of Fagan Creek; thence Northwesterly along the centerline of Fagan Creek, a distance of 792 feet; thence North 53 Degrees West, a distance of 340 feet; thence South 06 Degrees West, a distance of 111 feet; thence South 29 Degrees West, a distance of 231 feet; thence South 33 Degrees West, a distance of 248 feet; thence North 44 Degrees West, a distance of 25 feet; thence South 23 Degrees 30 Minutes West, a distance of 302 feet to the centerline of a railroad; thence along the centerline of said railroad, South 14 Degrees 50 Minutes East, a distance of 1120 feet to the centerline of Governors Drive; thence West along the centerline of Governors Drive, a distance of 534 feet; thence South 01 Degree West, a distance of 891 feet; thence South 35 Degrees East, a distance of 645 feet; thence North 87 Degrees East, a distance of 561 feet to the centerline of a railroad; thence along the centerline of said railroad, South 15 Degrees East, a distance of 1721 feet; thence South 68 Degrees West, a distance of 62 feet; thence South 15 Degrees East, a distance of 939 feet; thence North 86 Degrees East, a distance of 55 feet to the centerline of a railroad; thence along the centerline of said railroad, South 15 Degrees East, a distance of 6940 feet to the centerline of Airport Road; thence Westerly along the centerline of Airport Road/Johnson Road, a distance of 5316 feet; thence North 01 Degree West 695 feet; thence Due East, a distance of 63 feet to the centerline of Huntsville Spring Branch; thence Northerly along the centerline of Huntsville Spring Branch, a distance of 10443 feet to the centerline of Governors Drive; thence East along the centerline of Governors Drive, a distance of 552 feet; thence North 20 Degrees East, a distance of 359 feet to the centerline of Memorial Parkway; thence Northwesterly along the centerline of Memorial Parkway, a distance of 1518 feet; thence South 57 Degrees West, a distance of 928 feet to the intersection of Vernon Avenue and Seminole Drive; thence Northwesterly along the centerline of Seminole Drive, a distance of 582 feet to the intersection of Seminole Drive and Clinton Avenue; thence Southwesterly along the centerline of Clinton Avenue, a distance of 2976 feet to the centerline of Governors Drive; thence West along the centerline of Governors Drive, a distance of 363 feet; thence North 40 Degrees East, a distance of 31 feet; thence North 02 Degrees 45 Minutes West, a distance of 2005 feet to the centerline of the Norfolk Southern Railroad; thence along the centerline of Norfolk Southern Railroad, South 81 Degrees West, a distance of 93 feet to the intersection of the centerline of said railroad and the centerline of Triana Boulevard; thence Northerly along the centerline of Triana Boulevard, a distance of 865 feet; thence North 80 Degrees East, a distance of 789 feet; thence South 40 Degrees East, a distance of 600 feet; thence South 45 Degrees East, a distance of 53 feet; thence South 57 Degrees East, a distance of 42 feet; thence South 70 Degrees East, a distance of 60 feet; thence South 59 Degrees East, a distance of 57 feet; thence South 46 Degrees East, a distance of 59 feet to the centerline of the Norfolk Southern Railroad; thence Northeasterly along the centerline of the Norfolk Southern Railroad, a distance of 486 feet; thence North 02 Degrees 45 Minutes East, a distance of 811 feet; thence North 87 Degrees 30 Minutes East, a distance of 888 feet; thence North 02 Degrees East, a distance of 149 feet; thence South 88 Degrees West, a distance of 23 feet; thence North 01 Degree 30 Minutes East, a distance of 796 feet; thence North 81 Degrees 30 Minutes East, a distance of 796 feet; thence North 66 Degrees East, a distance of 162 feet; thence North 24 Degrees 30 Minutes West, a distance of 632 feet; thence North 25 Degrees East, a distance of 274 feet; thence South 69 Degrees West, a distance of 178 feet; thence North 24 Degrees West, a distance of 173 feet; thence North 73 Degrees East, a distance of 40 feet; thence North 35 Degrees West, a distance of 694 feet; thence North 24 Degrees 50 Minutes West, a distance of 321 feet; thence South 64 Degrees West, a distance of 114 feet; thence North 30 Degrees West, a distance of 376 feet to the centerline of Cox Avenue; thence Southwesterly along the centerline of Cox Avenue, a distance of 170 feet to the intersection of Cox Avenue and Pulaski Pike; thence Northwesterly along the centerline of Pulaski Pike, a distance of 47 feet; thence South 61 Degrees 50 Minutes West, a distance of 2094 feet; thence South 01 Degree West, a distance of 156 feet; thence North 89 Degrees 30 Minutes West, a distance of 1379 feet; thence North 30 Degrees West, a distance of 116 feet to the centerline of University Drive; thence Westerly along the centerline of University Drive, a distance of 1119 feet; thence Due South, a distance of 42 feet; thence North 89 Degrees West, a distance of 3079 feet to a point located at the intersection of University Drive and Jordan Lane; thence Northerly along the centerline of Jordan Lane, a distance of 2404 feet; thence North 34 Degrees 40 Minutes West, a distance of 1229 feet; thence North 29 Degrees 30 Minutes West, a distance of 1648 feet; thence North 59 Degrees East, a distance of 43 feet; thence North 31 Degrees 40 Minutes West, a distance of 311 feet; thence South 89 Degrees 30 Minutes East, a distance of 859 feet; thence South 02 Degrees West, a distance of 348 feet; thence South 88 Degrees East, a distance of 226 feet; thence South 00 Degrees West, a distance of 498 feet; thence South 89 Degrees East, a distance of 230 feet; thence South 03 Degrees 20 Minutes West, a distance of 335 feet; thence South 89 Degrees West, a distance of 220 feet; thence South 00 Degrees West, a distance of 200 feet; thence South 89 Degrees East, a distance of 264 feet; thence South 00 Degrees 30 Minutes West, a distance of 488 feet; thence North 89 Degrees East, a distance of 150 feet; thence South 01 Degree East, a distance of 215 feet; thence South 67 Degrees East, a distance of 272 feet; thence South 01 Degree West, a distance of 240 feet; thence South 89 Degrees 30 Minutes East, a distance of 658 feet; thence South 02 Degrees West, a distance of 1465 feet; thence South 89 Degrees 35 Minutes East, a distance of 2686 feet; thence North 83 Degrees East, a distance of 178 feet; thence South 34 Degrees East, a distance of 632 feet; thence South 36 Degrees East, a distance of 105 feet; thence South 46 Degrees East, a distance of 237 feet; thence South 48 Degrees East, a distance of 116 feet; thence South 55 Degrees East, a distance of 152 feet; thence South 51 Degrees East, a distance of 147 feet; thence South 35 Degrees East, a distance of 158 feet to the centerline of University Drive; thence Northeasterly along the centerline of University Drive, a distance of 3403 feet to the intersection of University Drive and Pulaski Pike; thence Northwesterly along the centerline of Pulaski Pike, a distance of 1785 feet; thence North 52 Degrees East, a distance of 244 feet; thence South 38 Degrees 10 Minutes East, a distance of 101 feet; thence Due East, a distance of 258 feet; thence North 01 Degree 35 Minutes East, a distance of 568 feet to the centerline of Country Club Avenue; the East along the centerline of County Club Avenue, a distance of 100 feet; thence North 01 Degree East, a distance of 175 feet; thence North 32 Degrees West, a distance of 70 feet; thence North 02 Degrees 20 Minutes East, a distance of 518 feet; thence North 40 Degrees East, a distance of 30 feet; thence North 00 Degrees 30 Minutes East, a distance of 329 feet; thence South 89 Degrees East, a distance of 668 feet; thence North 00 Degrees 30 Minutes East, a distance of 547 feet to the centerline of Oakwood Avenue; thence East along the centerline of Oakwood Avenue, 264 feet; thence North 00 Degrees 50 Minutes East, a distance of 630 feet; thence South 89 Degrees East, a distance of 525 feet to the centerline of Old Blue Spring Road; thence North along the centerline of Old Blue Spring Road, a distance of 284 feet; thence South 89 Degrees East, a distance of 201 feet; thence North 01 Degree 20 Minutes East, a distance of 1529 feet; thence North 88 Degrees West, a distance of 231 feet to the centerline of Blue Spring Road; thence North along the centerline of Blue Spring Road, a distance of 776 feet to the centerline of Max Luther Drive; thence East along the centerline of Max Luther Drive, a distance of 202 feet; thence North 01 Degree East, a distance of 2210 feet; thence South 88 Degrees East, a distance of 810 feet; thence North 02 Degrees 20 Minutes East, a distance of 629 feet; thence South 87 Degrees 50 Minutes East, a distance of 422 feet; thence North 02 Degrees East, a distance of 20 feet; thence South 89 Degrees 10 Minutes East, a distance of 864 feet; thence North 18 Degrees 40 Minutes East, a distance of 1004 feet; thence North 01 Degree 35 Minutes East, a distance of 885 feet back to the Point of Beginning.

LESS AND EXCEPT THE FOLLOWING TWO TRACTS OF LAND FROM THE ABOVE DESCRIPTION:

All that part of Sections 35 and 36, Township 03 South, Range 01 West of the Huntsville Meridian in the City of Huntsville, Madison County, Alabama; more particularly described as beginning at the intersection of the centerlines of Monroe Street and Holmes Avenue; thence from the Point of Beginning, Southwesterly along the centerline of Holmes Avenue, a distance of 681 feet to a point located at the intersection of Holmes Avenue and Dallas Avenue; thence in a Northeasterly direction and along the centerline of Dallas Avenue, a distance of 320 feet; thence South 77 Degrees 50 Minutes West, a distance of 558 feet; thence in a Northwesterly direction, a distance of 116 feet to a point located in the centerline of the Norfolk Southern Railroad; thence in a Northeasterly direction along said centerline of the Norfolk Southern Railroad, a distance of 1829 feet to the intersection of the Norfolk Southern Railroad and Church Street; thence in a Southeasterly direction along the centerline of Church Street, a distance of 567 feet to the intersection of Church Street and Monroe Street; thence in a Southwesterly direction along the centerline of Monroe Street, a distance of 1040 feet back to the Point of Beginning and containing 23.40 acres, more or less.

ALSO,

All that part of Section 12, Township 04 South, Range 01 West of the Huntsville Meridian, Madison County, Alabama; more particularly described as beginning at the intersection of the South right-of-way of Bob Wallace Avenue and the East right-of-way of Memorial Parkway; thence in a Northeasterly direction and along the South right-of-way of Bob Wallace Avenue, a distance of 484 feet; thence South 09 Degrees East, a distance of 495 feet; thence South 80 Degrees 50 Minutes West, a distance of 490 feet to a point located on the East right-of-way of Memorial Parkway; thence in a Northerly direction and along the East right-of-way of Memorial Parkway, a distance of 484 feet back to the Point of Beginning and containing 5.47 acres, more or less.

CONTAINING IN THE AGGREGATE 2672.67 ACRES, MORE OR LESS.

(Ord. No. 13-247, § 4, 5-23-2013; Ord. No. 22-237, § 2, 5-26-2022)

Should any section or provision of this article be held void or invalid, it shall not affect the validity of any other section or provision thereof which is not of itself void or invalid, it being the purpose and intention of the city council to enact each separate section and/or subsection separately.

(Ord. No. 11-11, § 1, 2-24-2011; Ord. No. 13-247, § 3, 5-23-2013)

Editor's note— Ord. No. 13-247, § 3, adopted May 23, 2013, renumbered former § 75.6 as 75.7. Section 4 of the ordinance added a new § 75.6.