The ordinance that defines how Birmingham venues operate.
The Kelvyn Felder Ordinance is Birmingham's primary venue safety regulation, codified as Sections 12-10-40 through 12-10-54 of the Birmingham General Code.
Background
Named after Kelvyn Felder, who was 21 years old when he was killed in August 2009 at Club Zen in Birmingham. The ordinance was adopted in 2013 (Ord. No. 13-74 and 13-86) to establish baseline safety requirements for entertainment venues.
What it requires (all venues)
- Written safety plan with 12 required sections — filed with chief of police and public safety committee chair
- Security staffing — minimum 1 per 150 occupants starting at 7 PM (moved up from 10 PM by the 2026 amendment)
- Camera system — covering all interior areas, entries/exits, exterior, and parking. Facial-quality in low light and daylight. 30-day retention. Must be inspected by Chief of Police.
- Manager on premises — during all business hours, name posted
- Incident reporting — phone immediately for assaults/affrays, written report within 36 hours
- Staff training documented — type, provider, date, roster of who completed
- Emergency evacuation plan and detailed site plan (both new in 2026)
The 2026 amendment — key changes
- New "Late Night Establishment" category — applies to venues open past midnight, or open past 10 PM with a serious incident in the past 12 months
- APOSTC certified officers required for Late Night venues (2 officers for ≤150 capacity, 3 for >150)
- Security hours expanded — 7 PM start instead of 10 PM
- Camera coverage expanded — all interior areas, exterior, parking (was just entry/exit)
- Training documentation expanded — must now include type, provider, date, and who completed
- Site plan and evacuation plan now required
- Private club loophole narrowing — one serious incident revokes private club status permanently
The compliance gap
Most venues have a safety plan somewhere. The problem isn't having one — it's proving compliance in the moment. Can you show staff was trained on the current version? Can you produce months of nightly checklists? Can you account for every incident and every report? The venues that run into trouble aren't the ones without a plan — they're the ones without documentation.