45-26A-60.01
Section 45-26A-60.01 Sunday sales of alcoholic beverages for off-premises consumption. (a)
This section shall apply only to the City of Tallassee in Elmore and Tallapoosa Counties.
(b) The voters of the City of Tallassee may authorize the sale of alcoholic beverages for
off-premises consumption within the municipality on Sunday between the hours of 1:00 p.m.
and midnight by an election pursuant to this section, in the following manner: The governing
body of the City of Tallassee, by resolution, shall hold a referendum at the next general
election in the city to determine if alcoholic beverages may be sold within the municipality
for off-premises consumption. (c) On the ballot to be used for such election, the question
shall be in the following form: "Do you favor the legal sale of alcoholic beverages within
this municipality for off-premises consumption on Sunday between the hours of 1:00 p.m. and
midnight? Yes ___ No ___." (d) The first election and any subsequent elections shall
be...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of 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 beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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28-3-25
Section 28-3-25 Counties and municipalities authorized to extend time of sale of alcoholic
beverages on Sunday by resolution or referendum. (a)(1) Subject to subdivision (2), in any
wet county, the county commission, by resolution, may permit and regulate the sale of alcoholic
beverages on Sunday after the hour of two o'clock a.m., for on-premises or off-premises consumption,
or both, as determined by the county commission or as specified in the referendum, if applicable,
by retail licensees of the Alcoholic Beverage Control Board. (2) The county commission of
any wet county, by resolution, may require a referendum to be held to determine whether Sunday
sales of alcohol shall be permitted in the county. Upon passage of a resolution by the county
commission, the county shall hold the referendum and if a majority of the voters voting thereon
vote in favor of the question, then the sale of alcoholic beverages shall be permitted and
regulated as specified in the referendum. (b)(1) Subject...
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28-2A-3
Section 28-2A-3 Legislative intent. It is hereby declared the intention and the purpose of
this article to permit an election by the citizens of certain municipalities to determine
the wet or dry status of such municipalities with regard to the sale, distribution, and consumption
of alcoholic beverages within the corporate limits of such municipalities; and further that
such election shall be provided only in those municipalities which can provide safeguards
for the protection of the public welfare, health, peace, and morals of the people. In the
furtherance of the protection of the public welfare, health, peace, and morals, the Legislature
has determined that a population classification should be established to provide this method
of municipal option election only in those municipalities with a population of 1,000 or more
people within a county, it being the judgment of the Legislature that municipalities with
a lesser population would be unable to support and maintain such protection...
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45-37-22.04
Section 45-37-22.04 Effects of election. If a majority of the voters voting in any election
held pursuant to this part vote ''Yes'', the activities enumerated in Section 45-37-27.03
which shall become lawful in Jefferson County on Sunday after 12:00 o'clock noon shall be
lawful in each and every municipality or part thereof located in Jefferson County, even though
a ''No'' vote may be cast by a majority of the voters living in such municipality who voted
in such election; provided that nothing contained in this part shall be construed to permit
the increased sale, distribution, or consumption of alcoholic beverages on Sunday in any part
of any municipality located in any county other than Jefferson County. If a majority of the
voters voting in any election held pursuant to this part vote ''No'', none of the activities
enumerated in Section 45-37-27.03 shall be lawful on Sundays after 12:00 o'clock noon or at
any other time on Sunday except during the two-hour period between midnight of...
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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,...
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35-8B-3
Section 35-8B-3 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...
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28-3-16
Section 28-3-16 Advertising of alcoholic beverages. There shall be no electric signs, painted
signs or signs of any kind displayed outside any place of business advertising alcoholic beverages,
as enumerated and defined in this chapter. There shall be no advertising of alcoholic beverages,
as enumerated and defined in this chapter, except through newspapers, magazines, radio broadcasting
stations, commercial vehicles used for transportation of alcoholic beverages and billboards
located in "wet" counties, as defined in this chapter; provided, that there shall
be no advertising of alcoholic beverages by means of billboards located in "dry"
counties, as defined in this chapter. (Acts 1936-37, Ex. Sess., No. 66, p. 40; Code 1940,
T. 29, §12; Acts 1978, No. 434, p. 442.)...
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45-37-22.03
Section 45-37-22.03 Lawful activities upon affirmative vote. If a majority of the voters voting
in any election held pursuant to this part vote ''Yes'', then, upon the proper certification
and declaration of the results of such election, it shall be legal, on each Sunday during
the two-hour period between 12:00 o'clock midnight of the preceding Saturday and 2:00 o'clock,
A.M., and for the remainder of Sunday after 12:00 o'clock noon, but not between the hours
of 2:00 o'clock, A.M. and 12:00 o'clock noon, in every part of Jefferson County, including
all municipalities or parts thereof located in such county, for properly licensed persons,
as provided in the Alcoholic Beverage Licensing Code, Chapter 3A, Title 28, or successor provisions
of law, to do all of the following: (1) To sell and dispense at retail alcoholic beverages
for onpremises consumption in a lounge or bar. (2) To sell and dispense at retail alcoholic
beverages for onpremises consumption in a restaurant, hotel, dinner...
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45-49-22.03
Section 45-49-22.03 Lawful activities upon affirmative vote. If a majority of the voters voting
in any election held pursuant to this subpart vote Yes, then, upon the proper certification
and declaration of the results of the election, it shall be legal, on each Sunday during the
two-hour period between 12 o'clock midnight of the preceding Saturday and two o'clock, a.m.,
and for the remainder of Sunday after 12 o'clock noon (but not between the hours of two o'clock,
a.m., and 12 o'clock noon), in every part of Mobile County, including all municipalities or
parts thereof located in the county, for properly licensed persons (as provided in the Alcoholic
Beverage Licensing Code, Chapter 3A, Title 28, or successor provisions of law) to do the following:
(1) Sell and dispense at retail alcoholic beverages for on-premises consumption in a lounge
or bar. (2) Sell and dispense at retail alcoholic beverages for on-premises consumption in
a restaurant, hotel, dinner theater, convention center,...
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