We read the full 15-page amendment so you don't have to.
On May 5, 2026, the Birmingham City Council held the first reading of a major amendment to the Kelvyn Felder Ordinance — the law that governs how every bar, nightclub, restaurant, and entertainment venue in Birmingham operates. The second reading is expected at the next regular council meeting on May 12, 2026.
There hasn't been much coverage about this amendment, and what's out there has some inaccuracies. So we scoured the internet to find the full 15-page amendment text and compared every section against the original 2013 ordinance line by line. Everything below comes from the actual document, not secondhand reporting.
Download the full amendment text (PDF)
The single biggest change: "Late Night" now means midnight
The old ordinance didn't have a "Late Night Establishment" category at all — the additional security requirements only kicked in "after 10:00 PM" and the same rules applied to everyone.
The amendment creates a brand new two-tier system and draws the Late Night line at midnight.
That single change reclassifies virtually every bar in Birmingham into the higher compliance tier overnight. If your doors are open at 12:01 AM on any day of the week, you're a Late Night Establishment with a whole new set of requirements.
The second trigger: one bad night
Even if your bar closes before midnight, one serious incident in the past 12 months can push you into Late Night status — as long as you're open past 10 PM. If you're open between 10 PM and 5 AM and have had a qualifying incident, you're Late Night. The ordinance defines a "serious incident" as:
- Shots fired inside the establishment or in the immediate vicinity
- Physical altercation involving 3 or more people (affray)
- Person shot, bodily harm, injury, or death inside or in the immediate vicinity
A 3-person fight in your parking lot on a night you're open past 10 PM can reclassify your bar for 12 months. This is defined in Sec. 12-10-41 of the amendment.
What every venue needs now (Tier 1)
Even if you close before midnight and have never had an incident, the amendment expands what's required of ALL entertainment establishments. Here are the key changes from the 2013 version:
Safety plan expanded to 12 required sections
Your written safety plan (Sec. 12-10-46(b)) must now include all of the following:
- Number and location of all security personnel
- Occupancy load, average attendance, entertainment type, and your days and hours of operation (new)
- ID checking and patron search procedures
- Procedures for ensuring only 21+ are served alcohol
- Procedures for handling violent incidents, emergencies, and calling police
- Training description including type of training, company providing it, date provided, and a list of who completed it (expanded)
- Crowd control and overcrowding prevention
- Plan for maintaining order on accessory premises (parking lots, adjacent areas)
- Contact info for safety/security/complaints person
- Proof security officers are state-licensed or exempted
- Emergency evacuation plan specific to your establishment (new)
- A clear, legible site plan showing your full interior and exterior layout (new)
Security hours moved up
Interior security personnel are now required starting at 7:00 PM (Sec. 12-10-52(a)). The old ordinance said "after 10:00 PM." That's 3 extra hours of required security every night. The ratio is unchanged at 1 security person per 150 occupants.
Camera requirements expanded significantly
Cameras (Sec. 12-10-52(b)) must now cover:
- All interior seating areas and any area accessible to the public and employees (excluding bathrooms)
- Exterior of the building including adjacent parking lots
- Must capture facial-quality images in both low light AND normal daylight
- Chief of Police must inspect cameras before you can operate (new)
- At least one employee must be trained on operating and downloading footage (new)
- Incident footage stored minimum 30 days for any incident involving injury or death (new)
Safety plan access restricted
One thing the amendment actually removes: patrons and neighborhood residents can no longer request to see your safety plan. Now only police officers and city enforcement personnel can request it.
What Late Night venues need on top of all that (Tier 2)
If you're open past midnight — or you've had a serious incident while open past 10 PM — Section 12-10-46(d) adds these requirements on top of everything above:
APOSTC certified police officers — not security guards
Late Night venues must employ APOSTC certified officers — real law enforcement officers certified by the Alabama Peace Officers Standards and Training Commission, not private security guards.
- Venues with capacity ≤ 150: 2 APOSTC officers (1 interior, 1 exterior)
- Venues with capacity > 150: 3 APOSTC officers (1 interior, 2 exterior)
- Must be onsite from 10:00 PM through 30 minutes after doors are locked or until all patrons have dispersed
This is on top of the regular 1-per-150 security requirement that starts at 7 PM.
Before you can even hire off-duty officers, Alabama law (§ 6-5-338, as amended by HB202) requires your venue to carry at least $500,000 in liability insurance covering their actions while on your premises. Most bars have never needed this policy — and 115-120 venues will all need to obtain one simultaneously.
The cost
Off-duty BPD officers typically charge $40-65/hour. At a middle estimate of $50/hour:
- ≤ 150 capacity: 2 officers × $50/hr × ~5 hours = $500/night
- > 150 capacity: 3 officers × $50/hr × ~5 hours = $750/night
For a bar open Friday and Saturday, that's $4,000-6,000/month just in APOSTC costs. Open 5 nights a week and you're looking at $10,000-15,000/month.
Private clubs: the loophole is closing
Section 12-10-46(d)(8) adds a new rule for private clubs: after one qualifying serious incident, a private club loses its "private establishment" business license permanently. They must apply for a regular business license and become subject to all operating hour restrictions.
The supply problem nobody's talking about
We identified approximately 135 unique bars and nightclubs in Birmingham. Subtracting the ~15-20 that close before midnight, roughly 115-120 venues will be classified as Late Night Establishments.
Each needs 2-3 APOSTC officers on a Friday or Saturday night:
- ~65-70 venues at ≤ 150 capacity × 2 officers = 130-140 officers
- ~45-50 venues at > 150 capacity × 3 officers = 135-150 officers
- Total needed: 265-290 APOSTC officers on a single weekend night
Birmingham PD has approximately 840 sworn officers total as of May 2026. Split across three shifts, that's roughly 280 per shift — and night shift patrol is an estimated 150-200 officers.
Even if every available night-shift patrol officer moonlighted at a bar, there still wouldn't be enough.
It's worth noting that the ordinance says "APOSTC officers" — not specifically BPD. Any Alabama-certified peace officer qualifies, which means officers from Hoover, Vestavia Hills, Mountain Brook, Jefferson County Sheriff's Office, and other surrounding departments could technically fill these roles. That widens the pool. But even so, coordinating 265+ officers across multiple departments every weekend night — each with their own approval processes, staffing shortages, and off-duty policies — is a logistical challenge nobody has publicly addressed.
The 45-day clock
The council is expected to vote at the next regular meeting on May 12. If it passes, Mayor Woodfin (who recommended the amendment) would then sign it and it gets published. The 45-day compliance clock starts once all three happen.
What the media got wrong
Metal detectors are NOT required
Some local news coverage has reported or implied that the amendment adds metal detector or wanding requirements. The actual ordinance text does not require metal detectors or wanding. Venues choose their own screening method.
The amendment has not passed yet
Some coverage has described the amendment as already "passed." The May 5 meeting was a first reading only. The second reading is expected at the next regular council meeting on May 12, 2026.
What you should do right now
- Read the actual ordinance — download the full text here (PDF)
- Determine your tier — are you open past midnight? Have you had a serious incident in the past 12 months while open past 10 PM? If yes to either, you're Late Night.
- Start documenting now — don't wait for the 45-day clock.
- Budget for APOSTC officers — if you're Late Night, start reaching out now. The supply will be tight.
- Review your camera system — the new requirements are significantly expanded.
- Talk to your insurer — the off-duty officer liability insurance ($500K per Alabama Code § 6-5-338, as amended by HB202 effective October 2025) is a new requirement most venues have never needed.