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28-2-1
Section 28-2-1 Procedure for elections to determine classification of counties as wet
or dry counties; laws applicable in dry counties. (a) In every county where a majority of
the electors voting in an election, called by the Governor to determine whether Chapter 3
of this title shall be adopted in the county, vote "Yes," Chapter 3 and all of its
provisions shall be immediately put into operation in such county, but in every county where
a majority of the electors voting in the election vote "No," Chapter 3 shall not
go into effect in such county and all laws prohibiting the manufacture and sale of alcoholic
liquors or beverages now in force and effect in Alabama shall remain in full force and effect
in every such county. For the purpose of this chapter the term "wet county" shall
mean any county which by a majority of those voting voted in the affirmative in the election
provided for in this section, and "dry counties" shall be construed to mean
all counties which by a majority of...
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28-2A-1
Section 28-2A-1 Procedure for wet or dry classification option elections. (a) Any municipality
having a population of 1,000 or more, may change its classification from dry to wet or wet
to dry by a municipal option election, in the following manner. (b) Upon petition of 30 percent
of the number of voters voting in the last preceding general election of the municipality
being filed with the city or town clerk or governing body of the municipality, the governing
body must call a municipal option election for the municipality to determine the sentiment
of the people as to whether or not alcoholic beverages can be legally sold or distributed
in the municipality. The petition for municipal option election shall contain the following:
"It is petitioned that a municipal option election be held to permit the legal sale and
distribution of alcoholic beverages within this municipality." On the ballot to be used
for such municipal option election, the question shall be in the following form: "Do...
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45-36-20
Section 45-36-20 Charge of classification for incorporated municipalities. (a) Notwithstanding
any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant
to authority granted by Section 104 of the Constitution of Alabama of 1901, the electors
of an incorporated municipality located in Jackson County with a population of 2,500 or more
inhabitants may change its classification from dry to wet or wet to dry by a municipal option
election as provided by this section. (b)(1) Upon petition of 25 percent of the number
of voters voting in the last general election of the municipality having a population of 2,500
or more inhabitants being filed with the city or town clerk or governing body of the municipality,
the governing body shall call a municipal option election for the municipality to determine
the sentiment of the people as to whether alcoholic beverages may be legally sold or distributed
in the municipality. The petition for the municipal option...
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28-2A-1.1
Section 28-2A-1.1 Ratification and confirmation of municipal option elections and related
taxes and licenses. (a) Each municipality with a population of 1,000 or more which held an
election pursuant to Section 28-2A-1, as amended by Act 2009-546, of the 2009 Regular
Session (Acts 2009, p. 1446), in which the majority of the voters voting in the municipal
option election voted to allow the sale, distribution, and consumption of alcoholic beverages
within the municipality are hereby declared wet and may continue the sale, distribution, and
consumption of such beverages. (b) Municipalities to which this section applies shall
remain wet unless and until the municipality, in any subsequent municipal option election
held pursuant to this chapter, elects to change to a dry municipality, notwithstanding the
result of any subsequent county election or special method referendum. (c) Any taxes or licenses
levied and collected pursuant to a municipal option election conducted in accordance with...
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45-10-20.02
Section 45-10-20.02 Municipal option election. (a) Upon petition of 25 percent of the
number of voters voting in the last general election of the municipality having a population
of not less than 1,300 inhabitants nor more than 1,500 inhabitants being filed with the city
or town clerk or governing body of the municipality, the governing body shall call a municipal
option election for the municipality to determine the sentiment of the people as to whether
alcoholic beverages may be legally sold or distributed in the municipality. The petition for
the municipal option election shall contain the following: "It is petitioned that a municipal
option election be held to determine whether the legal sale and distribution of alcoholic
beverages shall be permitted within this municipality," on the ballot to be used for
the municipal option election, the question shall be in the following form: "Do you favor
the legal sale and distribution of alcoholic beverages within this municipality? Yes...
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28-2A-20
Section 28-2A-20 Ordinance and referendum to determine whether annexed territories should
be legally wet. In addition to the procedure established pursuant to Article 1, the governing
body of any Class 1, 2, or 3 municipality or any municipality having a population of 18,500
or more, which is legally wet, and which has previously annexed or hereinafter annexes territory
into the municipality which lies in a county which is legally dry, shall, before the annexed
territory becomes wet, pass an ordinance calling for a city-wide referendum to be held to
determine whether the annexed portions of the municipality shall be legally wet as herein
provided. If the governing body of the municipality adopts an ordinance determining that all
of the area within the corporate limits of the municipality should be legally wet, and if
this decision is approved at a subsequent referendum called to decide this issue, alcoholic
beverages may be lawfully sold, distributed, and consumed within the newly...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the
following meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES.
Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination
of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise
alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage
purposes, which contain one-half of one percent or more of alcohol by volume, and shall include
liquor, beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of
unincorporated enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES.
Except as otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt
or brewed beverage, or similar fermented malt liquor containing one-half of one percent or
more of alcohol by volume and not in excess of thirteen and nine-tenths percent...
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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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45-8A-125
Section 45-8A-125 Regulation of sale and distribution of alcoholic beverages on Sunday.
(a) The voters of the City of Southside in Etowah and Calhoun Counties may authorize the sale
of alcoholic beverages within the city on Sunday by an election pursuant to this section,
in the following manner: The governing body of the City of Southside, by resolution, may call
an election for the city to determine the sentiment of the voters of the city residing within
the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed
on Sunday within the city. (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 the City of Southside on Sunday subject to regulation by the City Council?
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 city elections, and the...
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45-28A-50
Section 45-28A-50 Regulation of sale and consumption of alcoholic beverages on Sunday.
(a) This section shall apply only to the City of Glencoe in Etowah and Calhoun Counties.
(b) The voters of the City of Glencoe may authorize the sale of alcoholic beverages within
the city on Sunday by an election pursuant to this section, in the following manner:
The governing body of the City of Glencoe, by resolution, may call an election for the city
to determine the sentiment of the voters of the city residing within the corporate limits,
as to whether or not alcoholic beverages can be legally sold or distributed on Sunday within
the city. (c) 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 the
City of Glencoe on Sunday subject to regulation by the City Council? Yes ___ No ___."
(d) The election shall be held and the officers appointed to hold the election in the manner
provided...
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