BIRMINGHAM, Ala. (WBMA) — Birmingham city leaders are moving to strengthen safety requirements for bars, nightclubs and other late-night businesses through proposed changes to the city’s Kelvyn Felder Ordinance.
The ordinance, first enacted after the 2009 killing of 21-year-old Kelvyn Felder outside Club Zen, requires entertainment venues to submit and follow safety plans designed to prevent violence.
Police said Felder was stabbed during a fight outside the Morris Avenue nightclub. The suspect was later convicted and sentenced to life in prison.
City officials say the latest proposal would update the ordinance to reflect changes in Birmingham’s growing nightlife scene and address ongoing public safety concerns.
“The Kelvyn Felder ordinance is something the city has in place that covers safety plans for bars, nightclubs and late-night establishments,” Councilor Hunter Williams said. “It ensures they’re operating within guidelines the city believes are appropriate to keep patrons safe.”
Under the proposed amendment, the city would expand and clarify what qualifies as a “late-night establishment.” That would include businesses open between midnight and 5 a.m. — or those open as early as 10 p.m. that have had a serious incident within the past year.
The proposal also introduces a formal definition for “serious incident,” which can include shootings in or near a venue or physical altercations involving three or more people.
City leaders say the goal is to ensure safety plans are more detailed, current and enforceable.
“Today we revised a lot of the conditions of that ordinance to redefine some aspects and make sure we’re getting current safety plans and that those plans are actually being followed,” Williams said.
Now every establishment is required to submit a written safety plan that includes an emergency evacuation plan and a current layout of the property — covering both indoor and outdoor areas.
Businesses would also need to outline training provided to staff, including conflict de-escalation techniques for security personnel.
Additional requirements include high-definition surveillance cameras, with footage stored for at least 30 days to assist in investigations if an incident occurs.
City leaders say some establishments have created safety concerns that place added strain on law enforcement resources.
“Some of these venues have been very problematic next thing you know we’ve got four or five police officers working overtime to try and mitigate situations and that’s something taxpayers shouldn’t have to bear,” Councilor Darrell O’Quinn said during the meeting.
Council President Pro Tem LaTonya Tate said the changes would give the city more authority to act when businesses fail to comply.
“This ordinance would give the council a stronger opportunity to make decisions when applications come back — or when it comes to revocation in the city of Birmingham,” Tate said.
Williams said the city has a track record of enforcing the ordinance when necessary.
“Over the past eight years, we have a very good track record of shutting them down,” he said. “If you do not take the proper protocol to make sure that your establishment is safe we will revoke your license and shut that establishment down.”
City leaders say the goal is to balance a thriving nightlife scene with public safety.
