Opening your space to pop-ups in Birmingham: the checklist

Not legal advice. This is a starting checklist, checked 2026-09-25. Rules change and differ by county and city. Talk to a lawyer and confirm with JCDH before you sell a ticket or open your space.

At a glance

• Permitted restaurant or bar: your JCDH permit is site-specific. Whether a guest chef can work under it is unverified. JCDH
• Unpermitted event space: each night needs a temporary permit (unverified: usually tied to a community event; call first) or a one-day exemption (unverified for for-profit organizers: the 2022 state rule limits it to government and tax-exempt sponsors). JCDH ADPH
• Home: at most 2 patrons at a time, 8 a day, and no on-site sales. That's a quiet Tuesday, not a dinner party, so home dinners are out. Zoning ordinance
• Biggest risk: JCDH treats advertised, ticketed gatherings as public events. JCDH

Quick answers

Can I host a pop-up dinner in my space in Birmingham? It depends. Restaurant or bar: a guest chef under your permit is unverified. JCDH Unpermitted space: the organizer's temporary permit each night (unverified). JCDH The state now limits the one-day exemption to government and tax-exempt sponsors. ADPH Homes are out. Zoning ordinance

Can guests bring their own wine to a ticketed night at my Birmingham space? Not on ABC-licensed premises, where BYOB is banned. ABC rule 20-X-6-.01(12) In an unlicensed space in wet Birmingham, no rule addresses it (unverified). ABC Keep alcohol out of the ticket. §28-3-1(33)

What should I ask a pop-up organizer for in Birmingham? Their own JCDH permit, plus a certificate of insurance naming you. Then set your rental fee and deposit in writing.

Steps, in order

Already done some of these? Skip them.

Suggested order.

• 1. Talk to a lawyer about your space.
• 2. Check zoning, plus your lease or HOA, against the city's zoning ordinance. Zoning ordinance
• 3. Hold a City of Birmingham business licence: a minimum fee, then a fee based on gross receipts. Birmingham
• 4. Restaurant or bar: ask JCDH whether your permit covers a guest chef's night. JCDH
• 5. Settle who pours, under whose licence: see Drinks below.
• 6. Ask your insurer about ticketed events. Homeowners policies exclude activity "engaged in for money or other compensation." Some policies exempt small side income; get it in writing from your insurer. ISO HO-3
• 7. Ask the organizer for their own JCDH permit, plus a certificate of insurance naming you.
• 8. Set your rental fee and deposit in writing. Handshakes are lovely. They don't hold deposits.

Drinks

• Licensed restaurant or bar: your liquor licence covers your own building, and BYOB is banned there. §28-3A-13 ABC rule 20-X-6-.01(12)
• Unlicensed space: a bar company with a $150 Special Events Retail licence (140) pours under theirs and makes every sale. They'll need a signed use agreement from you. §28-3A-20 LCD-2
• BYOB in an unlicensed space in wet Jefferson County: no rule addresses it (unverified). City step: Birmingham City Council approves every 140. ABC Birmingham

Watch-outs

• Recurring series and private parties aren't "temporary events," so your monthly night needs another route: a caterer permit doesn't cover public ticket sales, so ask JCDH which annual permit does. JCDH ADPH
• Home-prepared food can't be served, except registered cottage food. JCDH
• From people who've done it: The Annex, a downtown commissary, offered event space for pop-up dinners in 2018. No host terms documented (anecdotal). Bham Now

Learn more

• JCDH food FAQ
• JCDH temporary food service events
• Birmingham zoning ordinance
• ABC Board licence types and fees

Ready to open your doors to micro hospitality? Join Tenseats as a venue host.

Not legal advice. Confirm with a lawyer and JCDH before you act.