Code of Alabama

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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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28-1-5
Section 28-1-5 Minimum age for purchase, etc., of alcohol; employment of underage persons by
board licensee. Notwithstanding the provisions of Section 26-1-1, it shall be unlawful for
a person less than 21 years of age to purchase, consume, possess, or to transport any alcohol,
liquor or malt or brewed beverages within the State of Alabama. Notwithstanding any other
provision of this section, it shall not be unlawful for any Alcoholic Beverage Control Board
licensee to employ any person under the legal drinking age to work, provided there is an adult
in attendance at all times. It shall be permissible to employ persons in an on-premise licensed
establishment under legal drinking age such as professional entertainers, show people, musicians,
cashiers, hostesses, ushers, waiters and waitresses, busboys or girls, and the like, provided
they do not serve, dispense or consume alcoholic beverages and there is an adult in attendance
at all times. Notwithstanding the previous sentence, persons...
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45-45-20
Section 45-45-20 Licensing requirements; prohibited activities. (a)(1) Pursuant to the authority
granted in Article IV, 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,
that allows local legislation to regulate or prohibit alcoholic beverage traffic, any public
or private lounge, tavern, bar, club, nightclub, or restaurant, operating in an unincorporated
area of Madison County outside of the police jurisdiction of a municipality, that features
or otherwise permits topless females on its premises shall automatically forfeit any valid
Alcoholic Beverage Control Board license which it has been granted. The term topless females,
as used in this subsection, means persons of the female gender clothed or unclothed above
the waist in such manner as to purport to nakedly reveal to patrons, members, or invitee viewers
either the nipple or the pectoral form, or both, of at least one...
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6-11-27
Section 6-11-27 Principal, master, etc., not liable for punitive damages for conduct of agent,
servant, etc.; exceptions. (a) A principal, employer, or other master shall not be liable
for punitive damages for intentional wrongful conduct or conduct involving malice based upon
acts or omissions of an agent, employee, or servant of said principal, employer, or master
unless the principal, employer, or master either: (i) knew or should have known of the unfitness
of the agent, employee, or servant, and employed him or continued to employ him, or used his
services without proper instruction with a disregard of the rights or safety of others; or
(ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the
acts of the agent, servant, or employee were calculated to or did benefit the principal, employer,
or other master, except where the plaintiff knowingly participated with the agent, servant,
or employee to commit fraud or wrongful conduct with full knowledge...
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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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45-35-20.01
Section 45-35-20.01 Construction; purpose. This part shall be deemed an exercise of the police
power of the State of Alabama for the protection of the public welfare, health, peace, and
morals of the people of Houston County and this part shall be liberally construed for the
accomplishment of this purpose. The purpose of this part is to prohibit, within an establishment
dealing in or permitting the consumption of alcoholic beverages, sexual conduct, nudity, simulated
nudity, partial nudity, erotic dancing while nude or partially nude, dancing commonly referred
to as bikini dancing, or other entertainment where entertainers, employees, dancers, or waiters
appear nude or semi-nude. (Act 2009-817, p. 2544, ยง2.)...
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45-35-21
Section 45-35-21 Regulation and sale of alcoholic beverages. (a) It shall be unlawful for any
person, firm, corporation or association to sell or offer for sale any spirituous or vinous
liquors in Houston County except at Alabama Alcoholic Beverage Control liquor stores and at
retail liquor establishments within the corporate limits of the City of Dothan in Houston
County and licensed by the general laws of the State of Alabama and also licensed by the City
of Dothan as herein provided. (b) Each licensee of the City of Dothan under this section,
in order to be eligible for the license, shall meet all of the licensing prerequisites and
requirements of the general laws of the State of Alabama and the rules and regulations of
the Alabama Alcoholic Beverage Control Board. It shall be unlawful for any licensee of the
City of Dothan, licensed pursuant to this section, to sell or offer for sale any spirituous
or vinous liquors without a state and a city license for such privilege. (c) Nothing...
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45-37-243.01
Section 45-37-243.01 Definitions. When used in this subpart, the terms (1) hotel, (2) restaurant,
(3) club, (4) corporation, (5) state liquor store, (6) liquor, (7) malt or brewed beverages,
(8) wine, (9) municipality, (10) package, (11) person, (12) sale or sell, and (13) board shall
have the same meaning ascribed to them by Section 1 of Title 29 of the 1940 Code of Alabama,
provided, however, the term person shall not mean and include the Alabama Alcoholic Beverage
Control Board, nor the members, officers, or employees thereof, while engaged in the performance
of their duties under the Alabama Alcoholic Beverage Control Act, nor any liquor store or
warehouse established, operated, and maintained by the Alabama Alcoholic Beverage Control
Board under the act. The word licensee shall mean a person, firm, corporation, or association
engaged in the sale of alcoholic beverages under a license issued by the board, and shall
also include any officer, servant, agent, or employee of a...
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45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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28-3-43
Section 28-3-43 Functions, powers, and duties of board generally; examination of board by Examiners
of Public Accounts. (a) The functions, duties and powers of the board shall be as follows:
(1) To buy, manufacture and sell alcoholic beverages and to have alcoholic beverages in its
possession for sale, as defined and enumerated in this chapter. (2) To control the possession,
sale, transportation and delivery of alcoholic beverages as enumerated and defined in this
chapter. (3) To determine the localities within which any state store shall be established
and operated and the location of such store. No store shall be established in and neither
the board nor any other person may legally buy, manufacture or sell alcoholic beverages in
any county which has voted in the negative in any election called as provided in Chapter 2
of this title for determining the said issue unless and until said county has at a subsequent
similar election voted in the affirmative. The board shall have the power...
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