Dothan proposes ban on brown bagging alcohol

A state agency is urging Dothan officials to prohibit brown bagging in order to give the Alabama Beverage Control Board some jurisdictional right to shut down drinkers gone wild.

A first draft presented to Dothan City Commissioners on Tuesday proved to be just that, a draft, as several commissioners asked City Attorney Len White to change some items, feeling the proposed document was too intrusive.

“Since we are talking about passing a law and we have lots of questions,” Mayor Mike Schmitz said, “let’s table it and study it and get it right.”

In a memo to city officials, White wrote that the ABC Enforcement Office is concerned over the group’s lack of jurisdiction to address “the repeated acts of violence, disorderly persons and other criminal conduct” on establishments that don’t have liquor licenses.

The proposed ordinance would prohibit the transfer of alcoholic beverages onto the premises of a business that is not licensed for on-premise consumption and prohibit the owner of that business from allowing on-premise consumption.

The ordinance goes one step further, prohibiting open containers of alcohol in public places. It does carry exceptions for events like wedding receptions, fundraisers, and events deemed “social functions.” Special events with alcohol would require a free permit from the city.

While officials did not name any business where brown-bagging is a problem, downtown supporters say it is happening at a local club.
District 1 Commissioner James Reading believes it is a problem of security.

“Most clubs have security within their establishments. The problem is outside the establishment,” he said. “If this commission can put in some type of vehicle where we require security inside and immediately outside the establishment, that’s where the trouble is.”

But the ordinance goes too far, many agreed. District 6 Commissioner Keith Seagle said the public’s rights must also be protected. The document allows any police, revenue or zoning officer to inspect “any premises” to determine whether the social function serving alcohol is in compliance with the law.

“What disturbs me is ‘any premise.’ Could we add ‘any officer with probable cause’ to make it clear we are not giving blanket authority to allow an officer to walk into any premises?” Seagle asked.

White answered that the better requirement might be “reasonable suspicion.”

Dothan hotel owner Ron Wilson wasn’t too keen on the proposed ordinance either.

“I am really confused. I have two hotels and neither one has a liquor license. We don’t serve but we don’t prevent our guests from bringing alcohol. There has to be some clarification. From a visitors’ and hotel and convention standpoint, this ain’t gonna work.”

White said the document could be tweaked.

“There will be situations not contemplated,” he said.

City Manager Mike West said the document would be revised and brought back for further review.

Officials noted some clubs are using brown bagging as a way to skirt the law because the state would not grant them liquor licenses.