HB549

ENROLLED, An Act,

Relating to Tallapoosa County; authorizing separate elections within municipalities within the county and within the unincorporated area of the county to determine whether alcoholic beverages may be sold or distributed on Sunday by properly licensed retail licensees serving the general public.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply only in Tallapoosa County.

Section 2. (a) The voters of any municipality within the county may authorize the sale of alcoholic beverages within the municipality on Sunday by an election pursuant to this act, in the following manner:

The governing body of the municipality, by resolution, may call an election for the municipality to determine the sentiment of the voters of the municipality residing within the corporate limits, as to whether alcoholic beverages may be legally sold or distributed on Sunday within the municipality.

(b) On the ballot to be used for the election, the question shall be in the following form: "Do you favor the legal sale and distribution of alcoholic beverages within this municipality on Sundays as further provided for and regulated by ordinance of the municipal governing body? Yes ___ No ___."

(c) The first election and any subsequent elections shall be held and the officers appointed to hold the election in the manner provided by law for holding other municipal elections, and the returns thereof tabulated and results certified as provided by law for municipal or general elections. Any Sunday sales election shall be held as provided in this act as a special election, or any subsequent municipal or general election not less than 30 days following the date of the resolution.

(d) Notice of the election shall be given by the governing body of the municipality by publication or by posting the notice at the town or city hall apprising the voters of the municipality, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the municipality on Sunday. The cost of the election shall be paid out of the general fund of the municipality.

(e) Only qualified voters of the municipality may vote in the election. If a majority of the voters voting in the municipal election vote "Yes," alcoholic beverages may be legally sold or dispensed within the corporate limits of the municipality on Sunday by licensees of the Alcoholic Beverage Control Board and the municipality serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by ordinance of the municipal governing body. The municipality may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales within the municipality.

(f) If a majority of the voters voting in the municipal election vote "No," alcoholic beverages may not be sold or dispensed in the municipality on Sunday, except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday. A subsequent election shall not be held within 12 months following an election under this section.

Section 3. (a) The voters in the unincorporated area of the county may authorize the sale of alcoholic beverages within the unincorporated area of the county on Sunday by an election pursuant to this act, in the following manner:

The county commission, by resolution, may call an election to determine the sentiment of the voters residing outside the corporate limits of any municipalities within the county, as to whether alcoholic beverages may be legally sold or distributed on Sunday in the unincorporated area of the county as further provided for and regulated by ordinance of the county commission.

(b) On the ballot to be used for the election, the question shall be in the following form: "Do you favor the legal sale and distribution of alcoholic beverages outside the corporate limits of any municipalities within the county on Sunday as further provided for and regulated by ordinance of the county commission? Yes ___ No ___."

(c) The first election and any subsequent elections shall be held and the officers appointed to hold the election in the manner at the general election in November 2016, and the returns thereof tabulated and results certified as provided by law for county elections. Any Sunday sales election shall be held as provided in this act as a special election or at any subsequent countywide election not less than 30 days following the date of the resolution.

(d) Notice of the election shall be given by the judge of probate by publication or by posting the notice at the courthouse apprising the voters of the unincorporated area of the county, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the unincorporated area of the county on Sunday. The cost of the election shall be paid out of the general fund of the county.

(e) Only qualified voters of the unincorporated area of the county may vote in the election. If a majority of the voters voting in the election vote "Yes," alcoholic beverages can be legally sold or dispensed outside the corporate limits of any municipalities in the county on Sunday by licensees of the Alcoholic Beverage Control Board and the county serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by the county commission. The county commission may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales in the unincorporated area of the county.

(f) If a majority of the voters voting in the election vote "No," alcoholic beverages may not be sold or dispensed in the unincorporated area of the county on Sunday, except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday. A subsequent election shall not be held within 12 months following an election under this section.

Section 4. The provisions of this act are cumulative and supplemental to the present power and authority of any municipality or the county and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of any municipality or the county now permitted under the general laws of the state, or under any local or special act of the Legislature.

Section 5. The provisions of this act are cumulative and supplemental to the present power and authority of the county and are not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the county now permitted under the general laws of the state, or under any local or special act of the Legislature.

Section 6. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Tallapoosa County

Counties

Alcoholic Beverages

Alcoholic Beverage Control Board

Sunday Sales

Elections