Sale and distribution of alcoholic beverages within district.

(a) If a majority of the board of control of a community development district formed under Section 35-8B-1(a), (b), or (d) consents to and approves the sale and distribution of alcoholic beverages within the district, it shall be lawful to sell and distribute alcoholic beverages in the community development district in the following manner and subject to the following terms, definitions, and conditions:

(1) Upon being licensed by the Alabama Alcoholic Beverage Control Board, alcoholic beverages may be sold by the club of the district to members and their guests for on-premises consumption only. The club shall be licensed to sell alcoholic beverages to its members and their guests as a club liquor retail licensee by the Alabama Alcoholic Beverage Control Board, upon the club's compliance with the provisions of the alcoholic beverage licensing code and the regulations made thereunder. The original application shall be accompanied by a certificate from the board of control of the district in which the licensed club is located, consenting to and approving the sale of alcoholic beverages at the club. The club shall not be required to present its application or obtain the consent and approval of any authority other than the board of control of the district.

(2) MEMBER. Any person or entity whose membership application has been approved by the club.

(3) ON-PREMISES CONSUMPTION. Consumption on the property of the club, including the club house, the golf course, and other recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member's account.

(b) If a majority of the board of control of a community development district formed pursuant to Section 35-8B-1(e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (p), or (q) consents to and approves the sale and distribution of alcoholic beverages within the district for seven days a week, any person within the district licensed by the Alabama Alcoholic Beverage Control Board may sell alcoholic beverages in the district for on-premises consumption.

(c) If a majority of the board of a community development district formed pursuant to Section 35-8B-1(h) consents to and approves the sale of alcoholic beverages within the district for seven days a week, any person within the district with the appropriate license from the Alabama Alcoholic Beverage Control Board may sell alcoholic beverages in the district for on-premises or off-premises consumption, subject to approval by a referendum as provided herein.

(1) If the community development district is situated entirely within the corporate limits of a municipality, then upon a petition by the board of the district being filed with the city or town clerk or governing body of the municipality, the governing body must call a municipal referendum election on the question of whether to authorize the sale of alcoholic beverages in the district as provided in the petition. The municipal election shall be held at the time of the primary, general, county-wide, or municipal election next succeeding the date of the filing of the petition but not less than 82 days from the date of the filing of the petition. The cost of the municipal election, including the cost of notice by publication, shall be paid out of the general fund of the municipality.

(2) If the community development district is not situated entirely within the corporate limits of a municipality, then upon a petition by the board of the district being filed with the probate judge of the county, the probate judge must call a county-wide referendum election on the question of whether to authorize the sale of alcoholic beverages in the district as provided in the petition. The county-wide election shall be held at the time of the regularly scheduled primary or general election next succeeding the date of the filing of the petition but not less than 82 days from the date of the filing of the petition. The cost of the election, including the cost of notice by publication, shall be paid out of the general funds of the county.

(3) Notice of any referendum election called pursuant to the provisions hereof shall be given by the city or town clerk for municipal elections, or by the probate judge for county-wide elections, by publication at least three weeks before the date of the election, in a newspaper in the municipality or county, as appropriate, or, if there be none, by posting such notice at the town or city hall or county courthouse, as appropriate, apprising the voters of the municipality or county that an election will be held to determine whether alcoholic beverages may be sold within the district as provided in the petition.

(4) If a majority of the electors voting in a referendum called pursuant hereto votes "yes" in favor of the question, then the sale of alcoholic beverages in the district as provided in the petition shall be authorized. If a majority of the electors votes "no," then the sale of alcoholic beverages in the district shall be authorized only as provided by the laws in effect for the district prior to the filing of the petition, and the board of the community development district shall not file another petition under this subsection within 12 months of the referendum election.

(d) In addition to the limitations specified in this section, with regard to a community development district defined in subsections (a) and (b), alcoholic beverages shall be sold only for on-premises consumption, as defined in subdivision (a)(3), and in regard to a community development district defined in subsection (b), alcoholic beverages shall not be sold within 3,000 feet of the south right-of-way of any state or federal highway adjacent to any such district.

(Acts 1992, No. 92-532, p. 1074, §3; Act 2004-541, p. 1143, §1; Act 2012-327, p. 769, §1; Act 2016-222, p. 570, §1; Act 2017-350, §1; Act 2017-359, §1; Act 2018-287, §1; Act 2018-433, §1; Act 2020-176, §1.)