ORANGE BEACH — Conversation between the mayor and beach business owners sparked after the first reading of a proposed ordinance that would enforce the type of commercial activity allowed on Orange Beach's shore.

The ordinance was first mentioned in the March 18 city council meeting where city Coastal Resources Deputy Director Nicole Woerner said she is working with the city attorney to create something to prevent the beaches from getting "overrun."

At the meeting, she confirmed the issue is mostly centered around retail businesses such as "ice cream from a boat" or someone "walking up and down the beach selling popsicles." Mayor Tony Kennon confirmed any new ordinance on the matter would not affect beach chair services.

Woerner said "we just need it black and white" on what type of businesses are and are not allowed on the Orange Beach shore.

At the April 2 council meeting, which was held directly before the city's 2025 Town Hall, Angel Bennett with The Beach Moms addressed the mayor and council on her concerns surrounding the ordinance.

She said after she saw a few articles on the topic, she noticed one with a picture of a beach picnic, which makes up "a significant potion of our business." According to The Beach Moms Facebook page, the business offers concierge services, beach picnics and beach weddings and events.

"That meant that it was my business," Bennett said. "But where does it stop? There isn't any clarification in what is on the agenda."

She also asked the council, "where is this coming from?" and "is this going to shut this part of my business down?"

Kennon replied, "For the most part, all sanctioned activities now will continue to be permitted. What we're trying to prevent is commercialization of the beachfront."

He said this mostly focused on walking vendors "trying to sell hotdogs or trinkets or soliciting." He said the ordinance would not concern "sandcastles, photography, concierge" but that the city wants to avoid "commercial chaos."

"Anything that makes the experience greater, nicer, more fun for our families and our visitors, we want," Kennon said. "We have no problem with those."

While the printout agenda for the meeting does not specify details on the ordinance, the online version includes the ordinance summary and first reading document that does specify some aspects of the ordinance.

"It is the recommendation of the coastal resources, fire and police departments that commercial activities from beaches and waterways are limited to those commercial activities specifically allowed by the council," the ordinance proposal reads. "The aesthetic, environmental, health and safety concerns of allowing these businesses to operate far outweigh any additional benefit to the city, its residents, visitors or business owners."

As previously quoted by GCM on the subject, Councilman Jeff Boyd said, "We've worked hard to protect our islands (so) that we don't become Crab Island, and we've also protected the brick-and-mortars that have paid for years and years to build up after storms."

Bennett also asked for more details on how picnics would be affected. She said The Beach Mom picnics can have around 40 people at a time. Kennon said if it is supervised, it is likely to be approved.

"When there's supervision, someone will clean up the mess; someone is responsible. That's a different story," Kennon said. "But when someone is walking down the beach handing out flyers, selling hotdogs, trash, whatever it might be, there's no supervision, no oversight. I think we can all agree, if there's oversight and it doesn't violate our family friendly brand it's going to be fine."

Boyd mentioned the "exponential growth we've had" in the past five years. In the past, he said the city could easily shut down businesses that would fall under this ordinance, and with more and more "new people" in the area, this ordinance will give the city "teeth" in "protecting our beach" by stopping unlicensed boat and walkup vendors.

Later in the meeting, Janel Hawkins with Sand Castle University, which offers sand castle building classes on the beach, told the council they did "a great job" in "slashing any concerns" she had around the commercial activity ordinance. She said licensing on Orange Beach beaches can be difficult to achieve as most of them are part of Gulf State Park, which she said has more rules and regulations for vendors.

She said she is curious if the ordinance would have to be enforced by Gulf State Park or if that would fall on the city.

"Because there are City of Orange Beach lifeguards operating on state park beaches," Hawkins said, "what 'teeth' would the City of Orange Beach Police officers have within the state park?"

Kennon answered, "We work well with the state park director, and we honor all of their vendors because we know that they do a good job of vetting. But it's up to us (to enforce the ordinance). In the City of Orange Beach limits, we will police our ordinances. State beach or not."

Orange Beach Chief of Police Steve Brown elaborated, saying, "Revenue enforcement will have a big part in assuring that any vendor operating in a (state) park area would be in compliance."

Another resident, who did not state her name, reminded the council and those in attendance that a city license requires a business license from the State of Alabama if your business is declared a service by state standards. She mentioned a county license is required as well.

"It's not what you dream up, what you think, what you want, the state law applies to you," she said. "So, the state, the county and the city (require licenses). … All businesses have to have all three, so I don't want it to be like we've chosen somebody out that has to go to the state. Everybody has to go to the state."

She said licenses from the state, county and city are necessary in to be considered a business "operating legally."

As the potential ordinance had its first reading at the April 2 meeting, the second and final reading before the item is voted on is likely set to be held at the April 15 city council meeting. If approved, it would likely go immediately into effect.