§ 45-34-220 — Regulation of Certain Outside Events for Which an Admission Fee Is Charged

Alabama § 45-34-220

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 34: Henry County
• Art. 22: Parks, Historic Preservation, Museums, and Recreation

Text

(a) This section shall only apply in the unincorporated area of Henry County outside of the corporate limits of any organized and operating municipality.
(b)(1) Any individual or entity that sponsors or plans to hold an outside event in the unincorporated area of the county for which an admission fee is charged shall obtain a permit from the Henry County Commission. The county commission, by ordinance, may specify the minimum requirements for a permit, including, but not limited to, security, parking, public bathroom facilities, times of operation, or other requirements to provide for the health and safety of participants and the surrounding public. The individual or entity shall file an application for a permit not less than two business days prior to the event which shall be accompanied by a permit fee set by the county commission not to exceed two hundred fifty dollars ($250).
(2) The contents of an application for a permit shall be determined by the county commission. The application shall be signed by the sponsor of the event and the property owner where the event will be held. The application, in addition to any other information required, shall contain all of the following information:
a. The security that will be provided at the event.
b. The bathroom facilities that will be provided to participants.
c. The parking that will be available for participants. The sponsor of the event shall acknowledge that parking will not be permitted on the public right-of-way and that motor vehicles may be towed if parked on the public right-of-way.
(3)The applicants for a permit by their signature shall agree to comply with the requirements for the permit and the information stated on the application.
(4) Any event that violates the conditions of the permit or that creates a public nuisance for participants or the surrounding property owners may be ordered by law enforcement to be closed and dispersed.
(5) The county commission, by ordinance, may provide that any individual or entity holding an event without a valid permit, or any sponsor or entity conducting an event that creates a public nuisance or that fails to close the event upon order by law enforcement, may be subject to a civil fine of not more than two hundred fifty dollars ($250) to be assessed as provided in the ordinance. The amount of the civil fine shall be increased to five hundred dollars ($500) for a second violation and one thousand dollars ($1,000) for a third or subsequent violation by the same individual or entity. Any law enforcement officer may issue a civil citation alleging a violation of the ordinance. The ordinance shall provide that an individual or entity charged with a violation may pay a civil fine to the county commission or request a due process hearing before the county commission or its hearing officer. The county commission shall make the final decision on the alleged violation. The county commission’s finding and assessment of a civil fine shall be final within 30 days thereof unless appealed to the Circuit Court of Henry County based on the administrative record of the hearing. Any fine due shall be a debt owed to Henry County and shall be enforceable by civil action in the same manner as any other debt. The individual or entity owing the fine shall be liable for all costs, including court costs and attorney fees, if an action is taken in court to collect the fine.
(c) This section shall not apply to events such as weddings and church functions that do not charge an entry fee or paid ticket to participate.

Legislative History

(Act 2024-317, §§1-3.)