Madison County, AL Business Licensing & Operations: Adult Entertainment (2026)
Key Facts
- Governing acts
- Act 92-242 (1992), Act 93-692 (1993), Act 98-607
- Trigger
- Topless female entertainment on premises
- License effect
- Automatic ABC license forfeiture
- Enforcement body
- Madison County Commission
- Criminal penalty
- Class C misdemeanor for continued operation
- Civil remedy
- Circuit Court injunction plus attorney fees
- Applies to
- Unincorporated Madison County only
Summary
In unincorporated Madison County, any bar, lounge, club, nightclub or restaurant that features topless female entertainment automatically forfeits its Alcoholic Beverage Control Board license. The County Commission also sets rules on nudity and topless dancing at any business serving alcohol, enforced through business license suspension.
any public or private lounge, tavern, bar, club, nightclub, or restaurant, operating in an unincorporated area of Madison County outside of the police jurisdiction of a municipality, that features or otherwise permits topless females on its premises shall automatically forfeit any valid Alcoholic Beverage Control Board license which it has been granted... Each local governmental entity in Madison County, whether it be a municipal governing body or the county commission, may promulgate and implement rules and regulations for controlling the liquor traffic within the jurisdiction of the local governmental entity, by allowing or prohibiting nudity, topless dancing, or any other type of similar live entertainment on the premises of a business which serves or sells alcoholic beverages... The unincorporated areas of the county shall be subject only to the rules and regulations adopted by the county commission.
Full Breakdown
Ala. Code Section 45-45-20(a)(1), enacted by Act 92-242, provides that any public or private lounge, tavern, bar, club, nightclub, or restaurant operating in the unincorporated area of Madison County outside a municipality's police jurisdiction that features or otherwise permits topless females on its premises automatically forfeits any valid Alcoholic Beverage Control Board license it holds. Topless is defined to include exposure of the nipple or pectoral form of at least one breast. A violation is prosecuted and punished under the general ABC statutes as if the business were operating without a license at all.
Section 45-45-20(b), added by Act 93-692 effective May 19, 1993, separately requires any unincorporated-area business that features topless dancing and lets customers bring their own alcohol for on-premises consumption, whether the business profits from mixer sales or refrigeration charges, to hold a proper ABC license to continue that practice. 01, enacted by Act 98-607, lets the County Commission promulgate its own rules allowing or prohibiting nudity, topless dancing, or similar live entertainment at any business in the unincorporated area that serves alcohol or allows on-premises consumption; those rules take effect only by majority vote spread on the Commission's minutes, and unincorporated areas answer only to Commission-adopted rules, not municipal ones.
Violations & Fines
Featuring topless entertainment while holding an ABC license triggers automatic forfeiture of that license under Section 45-45-20(a); the operator is then prosecuted as if unlicensed. Under Section 45-45-20.01(d), continuing to operate after the Commission suspends or revokes a business license for violating its nudity/topless rules is a Class C misdemeanor. The Commission may also sue in Circuit Court to enjoin the violation, and the court can assess attorney fees and litigation costs against the business owner under subsection (e).
Frequently Asked Questions
Does Madison County issue a special permit for adult entertainment businesses?
What happens if a bar in unincorporated Madison County allows topless dancing?
Can the County Commission set its own rules on nudity at licensed businesses?
What is the penalty for ignoring a license suspension over topless entertainment?
Sources & Official References
Other rules in Madison County
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