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45-10-20
Section 45-10-20 Regulation of liquor traffic. (a) The Legislature of Alabama is cognizant
of "Opinion of the Justices No. 376," issued April 9, 2002, which states that a
local bill for Cherokee County "purporting to allow by local law the creation of a traffic
in alcohol that does not presently exist in smaller municipalities in Cherokee County, does
not fit within the ambit of the last paragraph of Section 104 permitting the Legislature
to pass local laws regulating or prohibiting such traffic." The effect of this Opinion
of the Justices is to greatly limit situations in which local laws may be enacted regarding
alcoholic beverages. This opinion was, in part, based upon a determination that, "Generally,
'regulate' implies the exercise of control over something that already exists." While
respecting the constitutional authority granted to the Alabama Supreme Court to interpret
the Constitution of Alabama of 1901, this body disagrees with the conclusion reached by the
court concerning...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution
of alcoholic beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of
the Justices No. 376," issued April 9, 2002, which states that a local bill for Cherokee
County "purporting to allow by local law the creation of a traffic in alcohol that does
not presently exist in smaller municipalities in Cherokee County, does not fit within the
ambit of the last paragraph of Section 104 permitting the Legislature to pass local
laws regulating or prohibiting such traffic." The effect of this Opinion of the Justices
is to greatly limit situations in which local laws may be enacted regarding alcoholic beverages.
This opinion was, in part, based upon a determination that, "Generally, 'regulate' implies
the exercise of control over something that already exists." While respecting the constitutional
authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of
1901, this...
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45-2-22.06
Section 45-2-22.06 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: Amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
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45-37-21.07
Section 45-37-21.07 Amendment, modification, termination, etc., of agreement. (a) Notwithstanding
any agreement and except as otherwise provided for in this part, a supplier shall not amend
or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate,
fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing cases,
the supplier has complied with all of the following: (1) Has satisfied the applicable notice
requirements of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment,
modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance,
the supplier shall have the burden of proving that it has acted in good faith, that the notice
requirements under this section have been complied with, and that there was good cause
for the amendment, modification, termination,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.07.htm - 8K - Match Info - Similar pages
45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376,
825 So. 2d 109 (Ala. 2002), which states on page 115 that a local bill for Cherokee County
"purporting to allow by local law the creation of a traffic in alcohol that does not
presently exist in smaller municipalities in Cherokee County, does not fit within the ambit
of the last paragraph of Section 104 permitting the Legislature to pass local laws
regulating or prohibiting such traffic." The effect of this Opinion of the Justices is
to greatly limit situations in which local laws may be enacted regarding alcoholic beverages.
This opinion was, in part, based upon a determination that, "Generally, 'regulate' implies
the exercise of control over something that already exists." While respecting the constitutional
authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of
1901,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39A-50.htm - 4K - Match Info - Similar pages
45-49-21.20
Section 45-49-21.20 Legislative findings. (a) The Legislature is cognizant of Opinion
of the Justices No. 376, issued April 9, 2002, which states that a local bill for Washington
County "purporting to allow by local law the creation of a traffic in alcohol that does
not presently exist in smaller municipalities in Washington County, does not fit within the
ambit of the last paragraph of Section 104 permitting the Legislature to pass local
laws regulating or prohibiting such traffic." The effect of this Opinion of the Justices
is to greatly limit situations in which local laws may be enacted regarding alcoholic beverages.
This opinion, in part, was based upon a determination that, "Generally, 'regulate' implies
the exercise of control over something that already exists." While respecting the constitutional
authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of
1901, this body disagrees with the conclusion reached by the court concerning Section
104....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-21.20.htm - 4K - Match Info - Similar pages
45-49-23.05
Section 45-49-23.05 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.05.htm - 8K - Match Info - Similar pages
11-50-232
Section 11-50-232 Certificate of incorporation - Contents; amendment. (a) The certificate
of incorporation of any corporation organized under this article shall state: (1) The name
of the corporation, which shall be a name indicating the system or systems for operation of
which the corporation is organized (e.g., "The Waterworks and Sewer Board of the City
(or Town) of _____"); (2) The location of its principal office and the post office address
thereof; (3) The period for the duration of the corporation (if the duration is to be perpetual,
this fact should be stated); and (4) The objects for which the corporation is organized. The
certificate of incorporation may also contain any provisions not contrary to law which the
incorporators may choose to insert for the regulation and conduct of the affairs of the corporation.
(b) Any corporation organized under this article may at any time amend its certificate of
incorporation so as to provide for the operation of a system in addition to...
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22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The
SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and
regulations the procedures for review of applications for certificates of need and for issuance
of certificates of need. Rules and regulations governing review procedures shall include,
but not necessarily be limited to, the following: (1) Agreement with other review agencies
for review procedures consistent with this article and federal regulations. (2) Application
procedures and forms of the application necessary to elicit and provide all necessary information
as required by the review criteria. (3) Establishment of a project review period of 90 days
from the date the state agency determines that the application is complete and notification
thereof is made to the applicant. The rules and regulations may provide for a period of not
more than 15 days for determination of the completeness of the application,...
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22-3A-2
Section 22-3A-2 Definitions. The following words and phrases used in this chapter, unless
the context clearly indicates otherwise, shall have the following respective meanings: (1)
AUTHORITY. The public corporation organized pursuant to the provisions of this chapter. (2)
BONDS. The bonds issued under the provisions of this chapter. (3) COUNTY BOARD(S) OF HEALTH.
County board(s) of health provided for in Chapter 3 of Subtitle 1 of Title 22. (4) DIRECTORS.
The board of directors of the authority. (5) GOVERNMENT SECURITIES. Any bonds or other obligations
which as to principal and interest constitute direct obligations of, or are unconditionally
guaranteed by, the United States of America, including obligations of any federal agency to
the extent such obligations are unconditionally guaranteed by the United States of America
and any certificates or any other evidences of an ownership interest in such obligation of,
or unconditionally guaranteed by, the United States of America or in...
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