Section 35-8B-1

Definitions; sale of alcoholic beverages.

(a) "Community development district" shall mean a private residential development that: (1) Is a size of not less than 500 acres of contiguous land area; (2) is located either within a wet county or within a dry county that has one or more wet municipalities, but outside the corporate limits of any municipality; (3) has at least 200 residential sites, platted and recorded in the probate office of the county as a residential subdivision; (4) has streets that were or will be built with private funds and are or will be maintained by private funds of the developers or property owners within the development; (5) has a social club with: (i) An 18-hole golf course of regulation size; (ii) a restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons; (iii) golf and/or social club memberships and has at least 200 paid-up members who have paid a membership initiation fee of not less than two hundred fifty dollars ($250) per family or individual membership; (iv) membership policies whereby membership is not denied or impacted by an applicant's race, color, creed, religion, or national origin; and (v) a full-time management staff for the social activities of the club, including the management of premises where food and drink are sold.

(b) "Community development district" also means privately-owned property used for social purposes that: (1) Is a size of at least 250 acres of contiguous land area; (2) is located in a dry county that has one or more wet municipalities, but outside the corporate limits of any municipality; (3) is a social club with: (i) An 18-hole golf course of regulation size; (ii) a marina and boat storage facility with at least 35 spaces; (iii) a clubhouse with more than 20,000 square feet; (iv) a restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 88 patrons; (v) at least 600 paid-up golf or social members who have paid a membership initiation fee of not less than two thousand dollars ($2,000) per family or individual membership; (vi) membership policies whereby membership is not denied or impacted by an applicant's race, color, creed, religion, or national origin; and (vii) a full-time management staff for the social activities of the club, including the management of premises where food and drink are sold.

(c) In addition to the limitations specified in Section 35-8B-3, with regard to a community development district defined in subsection (b) of this section, alcoholic beverages shall not be sold for consumption outside of such a district boundary, and shall not be sold within 3,000 feet of the south right-of-way of any state or federal highway adjacent to any such district.

(Acts 1992, No. 92-532, p. 1074, §1; Act 2000-470, p. 892, §1.)