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45-35-20
Section 45-35-20 Legislative findings. The Legislature finds all of the following: (1)
The authority of the Legislature to enact local laws regulating the liquor traffic is preserved
in Section 104 of the Constitution of Alabama of 1901, now appearing as Section
104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. (2)
Relying on prior judicial opinions of the federal courts, it has been clearly established
that reducing the secondary effects associated with adult entertainment businesses serves
and furthers a substantial governmental interest, particularly when the serving of alcohol
is involved. (3) Any form of nudity and sexual conduct in establishments that serve alcohol
or deal in alcoholic beverages encourages the conduct of prostitution, attempted rape, rape,
murder, and assaults on police officers in and around an establishment dealing in or permitting
the consumption of alcoholic beverages, and that actual and simulated nudity and sexual conduct...
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45-37-243.04
Section 45-37-243.04 Bonds or securities. (a) Any person before engaging in selling
any alcoholic, spirituous, vinous, or fermented liquors in any county subject to this subpart
shall file with the judge of probate, license commissioner, director of county department
of revenue, or other public officer performing like duties in such counties a bond in the
approximate sum of two times the average monthly tax estimated by such official which shall
be due by the applicant. The bond filed with such official shall be in such form and amount
as may be approved by such official. If a bond is filed, it shall be executed by a surety
company licensed and duly authorized to do business in Alabama, shall be payable to the county
subject to this subpart, and be conditioned upon the prompt filing of true reports, and the
bond shall be conditioned upon the payment by the applicant to the judge of probate, license
commissioner, director of county department of revenue, or other public officer...
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45-49-21
Section 45-49-21 Identification numbers; registration; documentation. (a) Notwithstanding
any other law to the contrary, when a licensee of the Alcoholic Beverage Control Board makes
a retail sale in Mobile County, for off-premises consumption of beer or malt beverages in
a keg which is either sold or leased in the sales transaction in Mobile County, the licensee
shall affix an identification number on the keg and shall register the keg in the name of
the buyer or lessor of the keg. Documentation of the sale or lease transaction, including
verification that the purchaser was of legal drinking age, the amount of beer or malt beverage
sold in the keg, and the name of the person or entity which purchased or leased the keg shall
be retained by the licensee for 30 days from the date of the transaction. (b) For purposes
of this section, the term keg means any brewery-sealed container of beer or malt or
brewed beverage which has a capacity of not less than two gallons. (c) The Mobile County...
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28-3-184
Section 28-3-184 Tax levied; collection; disposition of funds. (a) Levy. In addition
to the licenses provided for by Chapter 3A of this title, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of said Chapter 3A who sells,
stores or receives for the purpose of distribution, to any person, firm, corporation, club
or association within the State of Alabama any malt or brewed beverages. The tax levied hereby
shall be measured by and graduated in accordance with the volume of sales by such person of
malt or brewed beverages, and shall be an amount equal to $.05 for each 12 fluid ounces or
fractional part thereof. (b) Collection. The tax levied by subsection (a) of this section
shall be collected by the Alabama Alcoholic Beverage Control Board and said tax shall be added
to the sales price of all malt or brewed beverages sold, and shall be collected from the purchasers.
It shall be unlawful for any person, firm, corporation, club or association...
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28-3A-21
Section 28-3A-21 Fees for licenses issued by the board; local license taxes. (a) The
following annual license fees are levied and prescribed for licenses issued and renewed by
the board pursuant to the authority contained in this chapter: (1) Manufacturer license, license
fee of five hundred dollars ($500). (2) Importer license, license fee of five hundred dollars
($500). (3) Liquor wholesale license, license fee of five hundred dollars ($500). (4) Wholesaler
license, beer license fee of five hundred fifty dollars ($550) or wine license fee of five
hundred fifty dollars ($550); license fee for beer and wine of seven hundred fifty dollars
($750); plus two hundred dollars ($200) for each warehouse in addition to the principal warehouse.
(5) Warehouse license, license fee of two hundred dollars ($200). (6) Lounge retail liquor
license, license fee of three hundred dollars ($300). (7) Restaurant retail liquor license,
license fee of three hundred dollars ($300). (8) Club liquor license,...
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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties
generally; style of action; trial of action generally. The issue thus framed shall be deemed
an action pending in the court of the judge who issued the warrant between the State of Alabama,
on the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor
and general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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32-5A-330
Section 32-5A-330 Definitions; applicability; violations. (a) As used in this section,
the following terms are defined: (1) OPEN CONTAINER. A container which is other than in the
manufacturer's sealed condition. (2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The
entire width between and immediately adjacent to the boundary lines of any public road, street,
highway, interstate, or other publicly maintained way when any part is open to the use of
the public for purposes of motor vehicle travel. (b) It is unlawful for a person to have in
his or her possession alcoholic beverages in an open container in the passenger area of a
motor vehicle of any kind on a public highway or right-of-way of a public highway of this
state. (c) This section shall not apply to: (1) A passenger of a motor vehicle designed,
maintained, or primarily used for the transportation of persons for compensation and the driver
holds a valid commercial driver's license. (2) A passenger of a bus for which the...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-20.htm - 4K - Match Info - Similar pages
45-22-243.60
Section 45-22-243.60 Levy of privilege license and excise taxes. There is levied in
Cullman County, in addition to all other taxes now imposed by law, special county privilege
license and excise taxes paralleling state sales and use taxes in the manner and at the rates
hereafter prescribed: (1) Upon every person, firm, or corporation (not including the State
of Alabama or the Alabama Alcoholic Beverage Control Board or ABC stores) engaged or continuing
within Cullman County in the business of selling at retail any tangible personal property
whatsoever, including merchandise and commodities of every kind and character (not including,
however, bonds or other evidence of debt or stocks), an amount equal to one percent of the
gross proceeds of sales of the business except where a different amount is expressly provided
herein. Any person engaging or continuing in business as a retailer and wholesaler or jobber
shall pay the tax required on the gross proceeds of retail sales of such...
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