City Ponders Regulating Brown Bagging

John S Keppy

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Posted by: JSKeppy
Date: Nov 03 2009 4:26 PM

Dothan: It is no secret that violent incidents occur far to often at some clubs in downtown Dothan. Almost all are alcohol related. Several applications for club liquor licenses have been turned down. But if a club does not serve alcohol and patrons bring their own, a liquor license is not required. And, state Alcohol and Beverage Control officers have no regulatory authority.

Because of this, a local state ABC officer approached Mayor Schmitz with a request for the city to pass an ordinance to regulate "brown bagging". From that point, the request went to the city manager and wound up on the desk of city attorney Len White for him to draft an ordinance.

The state officer had requested that no exceptions to the "no brown bagging rule", but White attempted to provide exceptions for some events such as social functions (weddings, etc.).

But some city commissioners felt the proposed ordinance was too strict and intrusive. One citizen, Ron Wilson, who owns the Holiday Inn Express and the Dothan Convention Center, expressed concerns on how the law would affect his businesses. (It is our information that the Dothan Convention Center has a "special events license" which would allow the sale of alcohol at that location.)

There was a lively discussion at the city's admin meeting today on the proposed ordinance and it was apparent that commissioners felt there were some significant holes in the proposal. Mayor Schmitz then had the ordinance tabled and sent back to White for revisions. Once revised, the new version will be put on a future admin agenda for more discussions by the commission.

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The ordinance below is a draft version and has not been adopted.

City Attorney White, charged with drafting ordinance

Ron Wilson: Concerned about effect on businesses that host social events

Commissioner James Reading: Security, especially outside of the clubs, is a concern

Commissioner Keith Seagle: Police access to private property a concern, open container aspect should be seperated from ordinance

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