Which entertainment venues can open this weekend in Alabama? (updated)

BJCC Concert Hall

Venues such as the BJCC Concert Hall in Birmingham, Alabama, can reopen starting on May 22 at 5 p.m., according to an expansion of Gov. Kay Ivey's "Safer at Home" order.(AL.com file photo/Tamika Moore)

Entertainment venues in Alabama can reopen this weekend, according to the expanded “Safer at Home” order announced on Thursday by Gov. Kay Ivey. But what does that mean in practical terms?

According to the revised order, the following establishments can open their doors starting on May 22 at 5 p.m.:

  • Bowling alleys.
  • Arcades.
  • Concert venues.
  • Theaters.
  • Auditoriums.
  • Performing centers.
  • Tourist attractions, including museums and planetariums. This also includes water parks, theme parks, amusement parks and zoos, according to the Alabama Department of Public Health’s guidelines for entertainment venues and tourist attractions. (Today’s expanded “Safer at Home” order points entertainment venues to that document for more information on how to proceed.)
  • Race tracks.
  • Commercial or public playgrounds. (Does not include playgrounds operated by educational institutions and child day care facilities, the order says.)
  • Adult entertainment venues.
  • Casinos and bingo halls.

The order says entertainment venues must follow these rules to help prevent the spread of coronavirus:

  • Social distancing. Employees shall not knowingly allow patrons or guests to congregate within 6 feet of a person from another household. Employees shall take reasonable steps to prevent people from congregating in lobby areas, break rooms, and other common areas.
  • Emergency maximum occupancy rate. Indoor and enclosed entertainment venues shall limit occupancy to 50 percent of the normal occupancy load as determined by the fire marshal. Outdoor venues or those not assigned a normal occupancy load by the fire marshal shall limit occupancy as required to comply with the social distancing requirements of this paragraph.
  • Facial coverings. Each employee shall wear a mask or other facial covering that covers his or her nostrils and mouth at all times while in regular interaction with clients or guests.
  • Sanitation. An entertainment venue shall take reasonable steps, where practicable, to regularly disinfect frequently used items and surfaces.

However, nightclubs in Alabama cannot reopen, according to the expanded “Safer at Home” order. Bars, breweries and restaurants were allowed to reopen for on-premise consumption starting May 11 (with rules for social distancing, limited seating, sanitation and more), but nightclubs were excluded then. Nothing has changed on that score. (“'Entertainment venue’ also does not include ‘nightclubs,’" the new order says.)

Some confusion has emerged over the state’s definition of a nightclub as opposed to a bar or tavern. The Alabama Attorney General’s Office offered some illumination to AL.com this week, after consulting with the Alabama Alcoholic Beverage Control Board:

  • The main purpose of a ‘nightclub’ is to socialize, consume alcohol and dance.
  • Nightclubs typically have a dance floor area.
  • Nightclubs generally open for business at night and are open in the early morning hours.
  • Adherence to social distancing guidelines would be near impossible at a nightclub.

A directive from the ABC Board issued earlier this month offers a loophole for nightclubs, however: “If you are able to convert your business to operate in a manner that will comply with the State Health Officer’s Order and the ‘Guidelines for Restaurants and Bars,’ you may open on Monday, May 11, 2020. For example, close your dance floor and place tables in a manner that complies with social distancing, change your hours of operation to be consistent with restaurants, etc."

Still, it’s unclear how this will play out at venues throughout the state, and the “bar vs. nightclub” issue remains a gray area. The governor’s amended “Safer at Home” order expires on July 3.

Update, May 22: Entertainment venues in Jefferson County will remain closed until June 6, according to an order issued on Friday by Jefferson County Health Officer Dr. Mark Wilson. The governor’s expanded “Safer at Home” order allows local health officials to impose stricter requirements than those announced for the state. Wilson’s order applies to entertainment venues detailed in the state order, including nightclubs.

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