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11-98-4
Section 11-98-4 Board of commissioners. (a) When any district is created, the creating authority
may appoint a board of commissioners composed of seven members to govern its affairs, and
shall fix the domicile of the board of commissioners at any point within the district. In
the case of county districts, after the expiration of the terms of the members of the board
of commissioners holding office on May 23, 2000, there may be at least one member of the board
of commissioners from each county commission district if the number of the county commission
does not exceed seven, unless a resolution dated before January 1, 2000, was passed by a county
commission establishing an appointment process different from this section or as otherwise
provided by the enactment of a local act after May 23, 2000. The members of the board of commissioners
shall be qualified electors of the district, two of whom shall be appointed for terms of two
years, three for terms of three years, and two for terms of...
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40-17-380
Section 40-17-380 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. For the purposes of this
article, the following words have the following meanings: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) DIESEL FUEL. Any liquid that is advertised, offered for sale, or sold for
use as or used as a motor fuel in a diesel-powered engine. Diesel fuel includes #1 and #2
fuel oils, kerosene, special fuels, and blended fuels which contain diesel fuel, but does
not include gasoline or aviation fuel. (3) DYED DIESEL FUEL. Diesel fuel that meets the dyeing
and marking requirements of 26 U.S.C ยง4082. (4) GASOLINE. Any product commonly or commercially
known as gasoline, or any substitute therefor, regardless of classification, that is advertised,
offered for sale, or sold for use as or used as fuel in an internal combustion engine, including
gasohol and blended fuel which contains gasoline. Gasoline...
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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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40-2A-3
redelegations of authority, to perform the function described in the context. (7) DEPARTMENT
or DEPARTMENT OF REVENUE. The Alabama Department of Revenue. (8) GROSS RECEIPTS TAX IN THE
NATURE OF A SALES TAX. A privilege or license tax, imposed by a municipality or county, measured
by gross receipts or gross proceeds of sale and which: (i) was in effect on or before February
25, 1997, or is an amendment to a tax which was in effect on that date; (ii) is levied against
those selling tangible personal property at retail, those operating places of amusement
or entertainment, those making street deliveries, and those leasing or renting tangible personal
property; and (iii) is due and payable to a county or municipality monthly or quarterly. (9)
FINAL ASSESSMENT. The final notice of value, underpayment, or nonpayment of any tax administered
by the department. (10) INTEREST. That amount computed under Section 40-1-44, on any overpayment
or underpayment of tax or under Section 40-2A-18 on a...
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45-48-20
Section 45-48-20 Regulation of sale of alcoholic beverages on Sunday. (a) The city council
of each municipality in Marshall County, where the sale of alcoholic beverages is legal, except
for Sunday sales of alcoholic beverages, by ordinance, may regulate the sale of all alcoholic
beverages including, but not limited to, draft beer and keg beer in any municipality within
the county. (b)(1) 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 section,
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. (2) On the ballot to be used for the election,
the question shall be in the following form: "Do you favor the...
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45-19A-30
Section 45-19A-30 Regulation of sale of alcoholic beverages on Sunday. (a) The voters of the
Town of Kellyton in Coosa County may authorize the sale of alcoholic beverages within the
municipality on Sunday by an election pursuant to this section, 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...
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45-28A-72
Section 45-28A-72 Regulation of sale of alcoholic beverages on Sunday. (a) The voters of the
City of Rainbow City in Etowah County may authorize the sale of alcoholic beverages within
the municipality on Sunday by an election pursuant to this section, in the following manner:
The governing body of the City of Rainbow City, 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 between 1:00 P.M. and 9:30 P.M. and on those
Sundays on which occurs New Year's Eve (December 31), after 1:00 P.M.? Yes ___ No ___."
(c) The election shall be held and the officers appointed to hold the...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03, as used in this
chapter, unless otherwise specified or unless the context otherwise requires, the following
terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all classes and
series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL STOCKHOLDER
means a person who owns the beneficial interest in stock, which is either a record stockholder
or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any other
documents permitted or required to be delivered for filing by a corporation with the Secretary
of State under this chapter or Chapter 1 that modify, amend, supplement, restate, or replace
the certificate of incorporation. After an amendment of the certificate...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
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11-89A-8
to defend suit against it; (3) To adopt and make use of a corporate seal and to alter the same
at pleasure; (4) To adopt, alter, and repeal bylaws, regulations, and rules, not inconsistent
with the provisions of this chapter, for the regulation and conduct of its affairs and business;
(5) To acquire, whether by gift, purchase, transfer, foreclosure, lease, or otherwise, to
construct and to expand, improve, operate, maintain, equip, and furnish one or more facilities,
including all real and personal properties that its board may deem necessary in connection
therewith, regardless of whether or not any such facility shall then be in existence and,
if in existence, regardless of whether or not any such facility is then owned or leased by
any person to which such facility may subsequently be sold or leased by such authority; (6)
To borrow money and to sell and issue bonds as hereinafter provided for any corporate use
or purpose; (7) To lease to any person or persons all or any part of any...
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