HB274

ENROLLED, An Act,

Relating to the Town of Kellyton in Coosa County; to authorize an election to determine whether alcoholic beverages may be sold or dispensed on Sunday by properly licensed retail licensees serving the general public within the town.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply only to the Town of Kellyton in Coosa County.

Section 2. (a) The voters of the Town of Kellyton 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 Town of Kellyton, 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 or not alcoholic beverages can be legally sold or distributed on Sunday within the municipality.

(b) On the ballot to be used for such election, the question shall be in the following form: "Do you favor the legal sale and distribution of alcoholic beverages within this municipality on Sunday after 1:00 P.M.? Yes ___ No ___."

(c) The election 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 elections. Any Sunday sales election shall be held as provided in this act as a special election or at any subsequent municipal election 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 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 can be legally sold or dispensed within the corporate limits of the municipality on Sunday by licensees of the Alcoholic Beverage Control Board and the Town of Kellyton serving the general public in accordance with applicable laws and regulations after 1:00 P.M. Except as authorized by law or during such hours, it shall be unlawful for any licensed vendor to sell, dispense, or permit the consumption of alcoholic beverages on Sunday. The municipality may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverage sales.

Section 3. The provisions of this act are cumulative and supplemental to the present power and authority of the Town of Kellyton and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the Town of Kellyton now permitted under the general laws of the state, or under any local or special act of the Legislature.

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Coosa County

Kellyton

Municipalities

Alcoholic Beverages

Sunday Sales

Elections