(a)(1) Pursuant to the authority granted in Article IV, Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, that allows local legislation to regulate or prohibit alcoholic beverage traffic, any public or private lounge, tavern, bar, club, nightclub, or restaurant, operating in an unincorporated area of Madison County outside of the police jurisdiction of a municipality, that features or otherwise permits topless females on its premises shall automatically forfeit any valid Alcoholic Beverage Control Board license which it has been granted. The term topless females, as used in this subsection, means persons of the female gender clothed or unclothed above the waist in such manner as to purport to nakedly reveal to patrons, members, or invitee viewers either the nipple or the pectoral form, or both, of at least one breast.
(2) Any violation of subdivision (1) shall be prosecuted and punished under the general statutes of this state as if the violator were operating without a valid Alcoholic Beverage Control Board license.
(3) It is the intent of this subsection to prohibit any topless female entertainment or other topless female activity from being carried on in conjunction with the legal sale of alcoholic beverages on the premises of any private or public establishment located in an unincorporated area of Madison County that is not subject to the police jurisdiction of an unincorporated municipality.
(b)(1) In Madison County, any business in the unincorporated area which features topless dancing and permits customers to bring alcoholic beverages to the business for on-premises consumption fostered by the business either through sales of nonalcoholic beverages for use as mixers with alcoholic beverages or through charges for refrigeration of the alcoholic beverages, shall have an appropriate Alcoholic Beverage Control Board license to continue in the business of permitting on-premises consumption of alcoholic beverages after May 19, 1993.
(2) In Madison County, any business in the unincorporated area which features topless dancing and permits customers to bring alcoholic beverages to the business for on-premises consumption shall have an appropriate Alcoholic Beverage Control Board license to continue in the business of permitting on-premises consumption of alcoholic beverages after May 19, 1993.
(3) This subsection is supplemental to subsection (a), approved April 28, 1992, and any other laws regulating the liquor traffic in Madison County.
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